Rights Upon Bankruptcy Sample Clauses

Rights Upon Bankruptcy. All rights and licenses granted under or pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of Title 11 of the United States Code and other similar laws in any jurisdiction outside the US (collectively, the “Bankruptcy Laws”), licenses of rights to be “intellectual property” as defined under the Bankruptcy Laws. If a case is commenced during the Term by or against a Party under Bankruptcy Laws then, unless and until this Agreement is rejected as provided in such Bankruptcy Laws, such Party (in any capacity, including debtor-in-possession) and its successors and assigns (including a trustee) shall perform all of the obligations provided in this Agreement to be performed by such Party. If a case is commenced by or against a Party under the Bankruptcy Laws, this Agreement is rejected as provided in the Bankruptcy Laws and the other Party elects to retain its rights hereunder as provided in the Bankruptcy Laws, then the Party subject to such case under the Bankruptcy Laws (in any capacity, including debtor-in-possession) and its successors and assigns (including a Title 11 trustee), shall provide to the other Party copies of all information necessary for such other Party to prosecute, maintain and enjoy its rights under the terms of this Agreement promptly upon such other Party’s written request therefor. All rights, powers and remedies of the non-bankrupt Party as provided herein are in addition to and not in substitution for any and all other rights, powers and remedies now or hereafter existing at law or in equity (including the Bankruptcy Laws) in the event of the commencement of a case by or against a Party under the Bankruptcy Laws.

Rights Upon Bankruptcy. All rights and licenses granted under or pursuant to this Agreement to Oncoheroes or Allarity are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code and other similar foreign laws, licenses of rights to “intellectual property” as defined under Section 101 of the United States Bankruptcy Code or other similar foreign laws. The Parties shall retain and may fully exercise all of their rights and elections under the United States Bankruptcy Code (or any comparable provision of the laws applicable to bankruptcies or insolvencies), and other similar foreign laws. The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a Party under the United States Bankruptcy Code, or other similar foreign laws, the non-debtor Party shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property and the same, which, if not already in the non-debtor Party’s possession, shall be promptly delivered to it (a) upon any such commencement of a bankruptcy proceeding upon the non-debtor Party’s written request therefor, unless the debtor Party continues to perform all of its obligations under this Agreement or (b) if not delivered under clause (a) above, following the rejection of this Agreement by or on behalf of the debtor Party upon written request therefor by the non-debtor Party.

Rights Upon Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by EMulate (and pursuant to the Commercial Supply Agreement, if applicable) are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the Bankruptcy Laws. The Parties agree that Hapbee, as licensee of such rights under this Agreement, will retain and may fully exercise all of its rights and elections under the Bankruptcy Laws.

Rights Upon Bankruptcy. All rights and licenses granted to Talis under or pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of Title 11 of the United States Code (collectively, the “Code”), licenses of rights to be “intellectual property” as defined under the Code. If a case is commenced during the Term by or against thX under the Code then, unless and until this Agreement is rejected as provided in the Code, thX (in any capacity, including debtor-in-possession) and its successors and assigns (including a trustee) shall perform all of the obligations provided in this Agreement to be performed by thX. If a case is commenced during the Term by or against thX under the Code, this Agreement is rejected as provided in the Code and Talis elects to retain its rights hereunder as provided in the Code, then thX (in any capacity, including debtor-in-possession) and its successors and assigns (including a Title 11 trustee), shall provide to Talis copies of such intellectual property and all embodiments thereof necessary for Talis to maintain and enjoy its rights under the terms of this Agreement promptly upon Talis’ written request therefor. All rights, powers and remedies of Talis as provided herein are in addition to and not in substitution for any and all other rights, powers and remedies now or hereafter existing at law or in equity (including, without limitation, the Code) in the event of the commencement of a case by or against thX under the Code.

Rights Upon Bankruptcy. All rights and licenses granted under or pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of Title 11 of the United States Code and other similar laws in any jurisdiction outside the U.S. (collectively, the “Bankruptcy Laws”), licenses of rights to be “intellectual property” as defined under the Bankruptcy Laws. If a case is commenced during the Term by or against a Party under Bankruptcy Laws then, unless and until this Agreement is rejected as provided in such Bankruptcy Laws (or otherwise independently breached), such Party (in any capacity, including debtor-in-possession) and its successors and assigns (including a trustee) shall perform all of the obligations provided in this Agreement to be performed by such Party. All rights, powers and remedies of the non-bankrupt Party as provided herein are in addition to and not in substitution for any and all other rights, powers and remedies now or hereafter existing at law or in equity (including, without limitation, the Bankruptcy Laws) in the event of the commencement of a case by or against a Party under the Bankruptcy Laws.

Rights Upon Bankruptcy. All rights and licenses to Valley Forge Patents and Know-How granted under this Agreement by Valley Forge to CODMAN are, for all purposes of Section 365(n) of Title 11 of the U.S. Code ("Title 11"), licenses of rights to intellectual property as defined in Title 11. Valley Forge agrees during the term of this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or other appropriate embodiments, of all such Valley Forge Patents and Know-How. If a case is commenced by or against Valley Forge under Title 11, then, unless and until this Agreement is rejected as provided in Title 11, Valley Forge (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Title 11 trustee) at its option shall either perform all of the obligations provided in this Agreement to be performed by Valley Forge or provide to CODMAN all such intellectual property reasonably required to make or have made, use and sell Existing Products in the Field (including all embodiments thereof) held by Valley Forge and such permitted successors and assigns, as CODMAN may elect in a written request, immediately upon such request. If a Title 11 case is commenced by or against Valley Forge, this Agreement is rejected as provided in Title 11 and CODMAN elects to retain its rights hereunder as provided in Title 11, then Valley Forge (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Title 11 trustee) shall provide to CODMAN all such intellectual property (including all embodiments thereof) held by Valley Forge and such successors and assigns immediately upon CODMAN's written request therefor. All rights, powers and remedies of CODMAN, as a licensee hereunder, provided herein are in addition to and not in substitution for any and all other rights, powers and remedies now or hereafter existing at law or in equity (including, without limitation, Title 11) in the event of the commencement of a Title 11 case by or against Valley Forge. CODMAN, in addition to the rights, powers and remedies expressly provided herein, shall be entitled to exercise all other such rights and powers and resort to all other such remedies as may now or hereafter exist at law or in equity (including Title 11) in such event.

Rights Upon Bankruptcy. All rights and licenses granted under or pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of Title 11 of the United States Code and other similar laws in any jurisdiction, licenses of rights to “intellectual property” as defined under such laws.

Rights Upon Bankruptcy. All rights and licenses granted under or pursuant to any section of this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code and other similar laws in any jurisdiction outside the U.S. including Section 65.11(7) of the Bankruptcy and Insolvency Act (Canada), and Section 32(6) of the Companies Creditors Arrangement Act (Canada) (collectively, the “Bankruptcy Laws”), licenses of rights to “intellectual property” as defined under the Bankruptcy Laws. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Laws. Upon the bankruptcy of any Party, the non-bankrupt Party shall further be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property, and such, if not already in its possession, shall be promptly delivered to the non-bankrupt Party, unless the bankrupt Party elects to continue, and continues, to perform all of its obligations under this Agreement.

Rights Upon Bankruptcy. The Parties acknowledge and agree that for purposes of the Bankruptcy Laws, this Agreement and the License Agreement shall be deemed to be one integrated whole agreement and shall therefore be subject to the provisions of Section 13.4 of the License Agreement, which is incorporated herein by reference.

Rights Upon Bankruptcy. (a) In the event ADM Sub files for protection under Chapter 11 of the U.S. Bankruptcy Code, and ADM Sub, directly or indirectly in connection with such proceedings, rejects this Agreement as an executory contract (or on similar grounds), then ADM Sub shall and hereby does grant to MBX: (i) a fully-sublicenseable, *, perpetual, irrevocable, exclusive license under all intellectual * CONFIDENTIAL TREATMENT REQUESTED property rights Controlled by ADM Sub and claiming or covering Program Technology, to research, develop, manufacture, use, sell and import PHA-Related Material, produced using any means or methods, for any and all uses, and (ii) a fully-sublicenseable, *, perpetual, irrevocable, non exclusive license under all ADM Sub Background Technology, to research, develop, manufacture, use, sell and import PHA-Related Material, produced using any means or methods, for any and all uses. (b) In the event MBX files for protection under Chapter 11 of the U.S. Bankruptcy Code, and MBX, directly or indirectly in connection with such proceedings, rejects this Agreement as an executory contract (or on similar grounds), then MBX shall and hereby does grant to ADM Sub a fully-sublicenseable, *, perpetual, irrevocable (unless the terms of the license are breached), nonexclusive license under all intellectual property rights Controlled by MBX and claiming or covering Program Technology and MBX Background Technology to research, develop, manufacture, use, sell and import PHA Material and PHA Formulations for use in the Field. The foregoing license shall be limited such that ADM Sub shall be permitted to make a maximum of * of PHA Materials during each consecutive period of twelve (12) months during the term of the license on a * basis and ADM Sub shall have the right to make up to an additional * of PHA Material during each consecutive period of twelve (12) months during the term of the license subject to payment to MBX of a royalty (i) during the Royalty Term equal to: (y) * on all sales or other conveyances of PHA Patented Material (including, without limitation, PHA Material that is contained within PHA Formulations), on a one hundred percent (1.00%) purity basis; and (z) * on all sale or other conveyances of PDA Know-How Material (including, without limitation, PHA Material that is contained within PHA Formulations), on a one hundred percent (100%) purity basis; and (ii) during the Supplemental Royalty Term equal to * on all sales or other conveyances of PHA Supplem...