Common use of Rights Upon Insolvency Clause in Contracts

Rights Upon Insolvency. All rights and licenses granted under or pursuant to this Agreement or the Supply Agreement by Genetronics to Ethicon are for all purposes of Section 365(n) of Title 11, U.S. Code (the "Bankruptcy Code"), licenses of rights to "intellectual property" as defined in the Bankruptcy Code. The parties agree that Ethicon, as a licensee of such rights under this Agreement or the Supply Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code. If a case is commenced by or against Genetronics under the Bankruptcy Code, then, unless and until this Agreement is rejected as provided in the Bankruptcy Code, Genetronics (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Bankruptcy Code trustee) shall either perform or caused to be performed all of the obligations provided in this Agreement to be performed by Genetronics or provide or cause to be provided to Ethicon all such intellectual property (including all embodiments thereof) held by Genetronics and such successors and assigns. If this Agreement is rejected as provided in the Bankruptcy Code and Ethicon elects to retain its rights hereunder as provided in the Bankruptcy Code, then Genetronics (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Bankruptcy Code trustee) shall provide or cause to be provided to Ethicon all such intellectual property (including all embodiments thereof) held by Genetronics and such successors and assigns immediately upon Ethicon's written request therefor. All rights, powers and remedies of Ethicon provided under this Article 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 Code) in the event of any such commencement of a bankruptcy proceeding by or against Genetronics. Ethicon, in addition to the rights, powers and remedies expressly provided herein, shall be entitled to exercise all other such rights

Rights Upon Insolvency. All To the extent that Alba Bioscience is or becomes subject to the provisions of Section 365(n) of Title 11 of the U.S. Code (“Title 11”), all rights and licenses to Intellectual Property Rights granted under or pursuant to this Agreement or the Supply Umbrella Agreement by Genetronics SNBTS to Ethicon are OCD are, for all purposes of Section 365(n) of Title 11, U.S. Code (the "Bankruptcy Code"), licenses of rights to "intellectual property" property as defined in Title 11. SNBTS agrees during the Bankruptcy Code. The parties agree that Ethiconterm of this Umbrella Agreement to create and maintain current copies or, as a licensee if not amenable to copying, detailed descriptions or other appropriate embodiments, of all such rights under this Agreement or the Supply Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy CodeIntellectual Property Rights. If a case is commenced by or against Genetronics SNBTS under the Bankruptcy CodeTitle 11, then, unless and until this Umbrella Agreement is rejected as provided in the Bankruptcy CodeTitle 11, Genetronics SNBTS (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Bankruptcy Code Title 11 trustee) shall either perform or caused to be performed all of the obligations provided in this Umbrella Agreement to be performed by Genetronics SNBTS or provide or cause license in accordance with Section 9.4 to be provided to Ethicon OCD all such intellectual property (including all embodiments thereof) held by Genetronics SNBTS and such successors and assigns, as OCD may elect in a written request, immediately upon such request. If a Title 11 case is commenced by or against SNBTS, this Umbrella Agreement is rejected as provided in the Bankruptcy Code Title 11 and Ethicon OCD elects to retain its rights hereunder as provided in the Bankruptcy CodeTitle 11, then Genetronics SNBTS (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Bankruptcy Code Title 11 trustee) shall provide or cause license in accordance with Section 9.4 to be provided to Ethicon OCD all such intellectual property (including all embodiments thereof) held by Genetronics SNBTS and such successors and assigns immediately upon Ethicon's OCD’s written request therefor. , All rights, powers and remedies of Ethicon OCD, as a Licensee hereunder, provided under this Article 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 CodeTitle 11) in the event of any such the commencement of a bankruptcy proceeding Title 11 case by or against GenetronicsSNBTS. EthiconOCD, in addition to the rights, powers and remedies expressly provided herein, shall be entitled to exercise all other such rightsrights 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 Insolvency. All rights and licenses to Diametrics Patents, Diametrics Trademarks and Know-How granted under or pursuant to this Agreement or the Supply Agreement by Genetronics Diametrics to Ethicon are JJPI are, for all purposes of Section 365(n) of Title 11, 11 of the U.S. Code (the "Bankruptcy CodeTitle 11"), licenses of rights to "intellectual property" property as defined in Title 11. Diametrics agrees during the Bankruptcy Code. The parties agree that Ethicon, as a licensee term of such rights under this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or the Supply Agreementother appropriate embodiments, shall retain of all such Diametrics Patents, Diametrics Trademarks and may fully exercise all of its rights and elections under the Bankruptcy CodeKnow-How. If a case is commenced by or against Genetronics Diametrics under the Bankruptcy CodeTitle 11, then, unless and until this Agreement is rejected as provided in the Bankruptcy CodeTitle 11, Genetronics Diametrics (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Bankruptcy Code Title 11 trustee) shall either perform or caused to be performed all of the obligations provided in this Agreement to be performed by Genetronics Diametrics or provide or cause to be provided to Ethicon JJPI all such intellectual property reasonable required to make or have made, use and sell Products in the Field (including all embodiments thereof) held by Genetronics Diametrics and such successors and assigns, as JJPI may elect in a written request, immediately upon such request. If a Title 11 case is commenced by or against Diametrics, this Agreement is rejected as provided in the Bankruptcy Code Title 11 and Ethicon JJPI elects to retain its rights hereunder as provided in the Bankruptcy CodeTitle 11, then Genetronics Diametrics (in any capacity, including debtor-in-possessioninpossession) and its successors and assigns (including, without limitation, a Bankruptcy Code Title 11 trustee) shall provide or cause to be provided to Ethicon JJPI all such intellectual property (including all embodiments thereof) held by Genetronics Diametrics and such successors and assigns immediately upon EthiconJJPI's written request therefor. All rights, powers and remedies of Ethicon JJPI, as a licensee hereunder, provided under this Article 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 CodeTitle 11) in the event of any such the commencement of a bankruptcy proceeding Title 11 case by or against GenetronicsDiametrics. EthiconJJPI, in addition to the rights, powers and remedies expressly provided herein, shall be entitled to exercise all other such rightsrights 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 Insolvency. All rights and licenses to Intellectual Property Rights granted under or pursuant to this Agreement or the Supply Agreement by Genetronics Xxxx to Ethicon are Ortho are, for all purposes of Section 365(n) of Title 11, U.S. Code (the "Bankruptcy Code"), licenses of rights to "intellectual property" property as defined in Title 11. Xxxx agrees during the Bankruptcy Code. The parties agree that Ethicon, as a licensee term of such rights under this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or the Supply Agreementother appropriate embodiments, shall retain and may fully exercise of all of its rights and elections under the Bankruptcy Codesuch Intellectual Property Rights. If a case is commenced by or against Genetronics Alba under the Bankruptcy CodeTitle 11, then, unless and until this Agreement is rejected as provided in the Bankruptcy CodeTitle 11, Genetronics Xxxx (in any capacity, including debtor-in-in- possession) and its successors and assigns (including, without limitation, a Bankruptcy Code Title 11 trustee) shall either perform or caused to be performed all of the obligations provided in this Agreement to be performed by Genetronics Alba or provide or cause license to be provided to Ethicon Ortho all such intellectual property Intellectual Property Rights (including all embodiments thereof) held by Genetronics Alba and such successors and assigns, as Ortho may elect in a written request, immediately upon such request. If a Title 11 case is commenced by or against Alba, this Agreement is rejected as provided in the Bankruptcy Code Title 11 and Ethicon Ortho elects to retain its rights hereunder as provided in the Bankruptcy CodeTitle 11, then Genetronics Xxxx (in any capacity, including debtor-in-in- possession) and its successors and assigns (including, without limitation, a Bankruptcy Code Title 11 trustee) shall provide or cause to be provided to Ethicon Ortho all such intellectual property Intellectual Property Rights (including all embodiments thereof) held by Genetronics Xxxx and such successors and assigns immediately upon Ethicon's Xxxxx’s written request therefor. All rights, powers and remedies of Ethicon Ortho, as a licensee hereunder, provided under this Article 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 CodeTitle 11) in the event of any such the commencement of a bankruptcy proceeding Title 11 case by or against GenetronicsXxxx. EthiconXxxxx, in addition to the rights, powers and remedies expressly provided herein, shall be entitled to exercise all other such rightsrights 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. In this Section, all references to Title 11 include any analogous law in any other jurisdiction, and the remaining terminology should be interpreted to give like effect.

Rights Upon Insolvency. All rights and licenses granted under or pursuant to this Agreement or the Supply Agreement by Genetronics to Ethicon are are, for all purposes of Section 365(n) of Title 11 of the USC (“Title 11, U.S. Code (the "Bankruptcy Code"”), licenses of rights to "“intellectual property" ” as defined in the Bankruptcy CodeTitle 11. The parties agree that Ethiconrespective licensor shall create and maintain current copies or, as a licensee if not amenable to copying, detailed descriptions or other appropriate embodiments, of all such rights under this Agreement or the Supply Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code“intellectual property”. If a case is commenced by or against Genetronics the licensor under the Bankruptcy CodeTitle 11, then, unless and until this Agreement is rejected as provided in the Bankruptcy CodeTitle 11, Genetronics such licensor (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Bankruptcy Code Title 11 trustee) shall either perform or caused to be performed all of the obligations provided in this Agreement to be performed by Genetronics or on behalf of it or provide or cause to be provided to Ethicon the licensee all such intellectual property (including all embodiments thereof) held by Genetronics and such successors and assignsimmediately upon the licensee’s written request therefor. If a Title 11 case is commenced by or against the licensor, this Agreement is rejected as provided in Title 11, and the Bankruptcy Code and Ethicon licensee elects to retain its rights hereunder as provided in the Bankruptcy CodeTitle 11, then Genetronics the licensor (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Bankruptcy Code Title 11 trustee) shall provide or cause to be provided to Ethicon the licensee all such intellectual property (including all embodiments thereof) held by Genetronics and such successors and assigns immediately upon Ethicon's the licensee’s written request therefor. All rights, powers and remedies of Ethicon a licensee hereunder provided under this Article 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 CodeTitle 11) in the event of any such the commencement of a bankruptcy proceeding by or against GenetronicsTitle 11 case. EthiconA licensee hereunder, in addition to the rights, powers and remedies expressly provided herein, shall be entitled to exercise all other such rightsrights 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 Insolvency. All rights and licenses to Intellectual Property Rights granted under or pursuant to this Agreement or the Supply Agreement by Genetronics Alba to Ethicon are Ortho are, for all purposes of Section 365(n) of Title 11, U.S. Code (the "Bankruptcy Code"), licenses of rights to "intellectual property" property as defined in Title 11. Alba agrees during the Bankruptcy Code. The parties agree that Ethicon, as a licensee term of such rights under this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or the Supply Agreementother appropriate embodiments, shall retain and may fully exercise of all of its rights and elections under the Bankruptcy Codesuch Intellectual Property Rights. If a case is commenced by or against Genetronics Alba under the Bankruptcy CodeTitle 11, then, unless and until this Agreement is rejected as provided in the Bankruptcy CodeTitle 11, Genetronics Alba (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Bankruptcy Code Title 11 trustee) shall either perform or caused to be performed all of the obligations provided in this Agreement to be performed by Genetronics Alba or provide or cause license to be provided to Ethicon Ortho all such intellectual property Intellectual Property Rights (including all embodiments thereof) held by Genetronics Alba and such successors and assigns, as Ortho may elect in a written request, immediately upon such request. If a Title 11 case is commenced by or against Alba, this Agreement is rejected as provided in the Bankruptcy Code Title 11 and Ethicon Ortho elects to retain its rights hereunder as provided in the Bankruptcy CodeTitle 11, then Genetronics Alba (in any capacity, including debtor-in-possession) and its successors November 19, 2018 and assigns (including, without limitation, a Bankruptcy Code Title 11 trustee) shall provide or cause to be provided to Ethicon Ortho all such intellectual property Intellectual Property Rights (including all embodiments thereof) held by Genetronics Alba and such successors and assigns immediately upon Ethicon's Ortho’s written request therefor. All rights, powers and remedies of Ethicon Ortho, as a licensee hereunder, provided under this Article 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 CodeTitle 11) in the event of any such the commencement of a bankruptcy proceeding Title 11 case by or against GenetronicsAlba. EthiconOrtho, in addition to the rights, powers and remedies expressly provided herein, shall be entitled to exercise all other such rightsrights 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. In this Section, all references to Title 11 include any analogous law in any other jurisdiction, and the remaining terminology should be interpreted to give like effect.

Rights Upon Insolvency. All rights and licenses granted by either Party (the "Licensor") to the other Party (the "Licensee") under or pursuant to this Agreement or the Supply Agreement by Genetronics to Ethicon are are, for all purposes of Section 365(n) of Title 11, 11 of the U.S. Code (the "Bankruptcy CodeTitle 11"), licenses of rights to "intellectual property" property as defined in the Bankruptcy Code. The parties agree that Ethicon, as a licensee of such rights under this Agreement or the Supply Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy CodeTitle 11. If a case is commenced by or against Genetronics Licensor under the Bankruptcy CodeTitle 11, then, unless and until if this Agreement is rejected as provided in the Bankruptcy Code, Genetronics by Licensor (in any capacity, including debtor-in-possession) as provided in Title 11, Licensor (in any capacity, including debtor-in- possession) and its successors and assigns (including, without limitation, a Bankruptcy Code Title 11 trustee) shall either perform or caused continue to be performed license to Licensee all of the obligations provided in this Agreement to be performed by Genetronics or provide or cause to be provided to Ethicon all such intellectual property licensed Intellectual Property (including all embodiments thereof) held by Genetronics Licensor and such successors and assigns, as Licensee may elect in a written request, immediately upon such request. If The Escrowed Materials are current "embodiments" of the licensed MVIS Intellectual Property, and the Escrow Agreement is "supplementary" to this Agreement is rejected as provided in for the Bankruptcy Code and Ethicon elects to retain its rights hereunder as provided in the Bankruptcy Code, then Genetronics (in any capacity, including debtor-in-possessionpurposes of Section 365(n) and its successors and assigns (including, without limitation, a Bankruptcy Code trustee) shall provide or cause to be provided to Ethicon all such intellectual property (including all embodiments thereof) held by Genetronics and such successors and assigns immediately upon Ethicon's written request thereforof Title 11. All rights, powers and remedies of Ethicon Licensee, as a licensee hereunder, provided under this Article 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 CodeTitle 11) in the event of any such the commencement of a bankruptcy proceeding Title 11 case by or against GenetronicsLicensor. EthiconLicensee, in addition to the rights, powers and remedies expressly provided herein, shall be entitled to exercise all other such rightsrights 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 Insolvency. 15.1 All rights and licenses to Licensed Patents, Know-How, Improvements and Joint Inventions granted under or pursuant to this Agreement or the Supply Agreement by Genetronics BIOCRYST to Ethicon are ORTHO are, for all purposes of Section 365(n) of Title 11, 11 of the U.S. Code (the "Bankruptcy CodeTitle 11"), licenses of rights to "intellectual property" property as defined in Title 11. BIOCRYST agrees during the Bankruptcy Code. The parties agree that Ethicon, as a licensee term of such rights under this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or the Supply Agreementother appropriate embodiments, shall retain of all Licensed Patents, Know-How, Improvements and may fully exercise all of its rights and elections under the Bankruptcy CodeJoint Inventions. If a case is commenced by or against Genetronics BIOCRYST under the Bankruptcy CodeTitle 11, then, unless and until this Agreement is rejected as provided in the Bankruptcy CodeTitle 11, Genetronics BIOCRYST (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Bankruptcy Code Title 11 trustee) shall either perform or caused to be performed all of the obligations provided in this Agreement to be performed by Genetronics BIOCRYST or provide or cause to be provided to Ethicon ORTHO all such intellectual property (including all embodiments thereof) held by Genetronics BIOCRYST and such successors and assigns, as ORTHO may elect in a written request, promptly upon such request. If a Title 11 case is commenced by or against BIOCRYST, this Agreement is rejected as provided in the Bankruptcy Code Title 11 and Ethicon ORTHO elects to retain its rights hereunder as provided in the Bankruptcy CodeTitle 11, then Genetronics BIOCRYST (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Bankruptcy Code Title 11 trustee) shall provide or cause to be provided to Ethicon ORTHO all such intellectual property (including all embodiments thereof) held by Genetronics BIOCRYST and such successors and assigns immediately promptly upon EthiconORTHO's written request therefor. All rights, powers and remedies of Ethicon ORTHO, as a licensee hereunder, provided under this Article 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 CodeTitle 11) in the event of any such the commencement of a bankruptcy proceeding Title 11 case by or against GenetronicsBIOCRYST. EthiconORTHO, in addition to the rights, powers and remedies expressly provided herein, shall be entitled to exercise all other such rightsrights 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 Insolvency. All rights and licenses to Intellectual Property Rights granted under or pursuant to this Agreement Second Amendment or any other definitive agreement between the Supply Agreement by Genetronics to Ethicon parties are for all purposes of Section 365(n) of Title 11, U.S. Code (the "“Bankruptcy Code"”), licenses of rights to "“intellectual property" ” as defined in the Bankruptcy Code. The parties agree that EthiconBiosense Xxxxxxx, as a licensee of such rights under this Agreement or the Supply AgreementSecond Amendment, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code. If a case is commenced by or against Genetronics Stereotaxis under the Bankruptcy Code, then, unless and until this Agreement is the said license rights are rejected as provided in the Bankruptcy Code, Genetronics Stereotaxis (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Bankruptcy Code trustee) shall either continue to perform or caused cause to be performed all of the its obligations as licensor provided in this Agreement Second Amendment to be performed by Genetronics or Stereotaxis and provide or cause to be provided to Ethicon Biosense Xxxxxxx all such rights in any intellectual property (including all embodiments thereof) held by Genetronics Stereotaxis and such successors and assignsassigns as is necessary to enable Biosense Xxxxxxx to exercise the licenses granted in this Second Amendment. If this Agreement is Second Amendment or the licenses granted hereunder are rejected as provided in the Bankruptcy Code and Ethicon Biosense Xxxxxxx elects to retain its rights hereunder as provided in the Bankruptcy Code, then Genetronics Stereotaxis (in any capacity, including debtor-in-possession) and its successors and assigns (including, without limitation, a Bankruptcy Code trustee) shall provide or cause to be provided to Ethicon Biosense Xxxxxxx all such rights in such intellectual property (including all embodiments thereof) held by Genetronics Stereotaxis and such successors and assigns as is necessary to enable Biosense Xxxxxxx to exercise the licenses granted in this Second Amendment immediately upon Ethicon's Biosense Xxxxxxx’x written request therefor. All rights, powers and remedies of Ethicon Biosense Xxxxxxx provided under this Article 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 Code) in the event of any such commencement of a bankruptcy proceeding by or against GenetronicsStereotaxis. EthiconBiosense Xxxxxxx, in addition to the rights, powers and remedies expressly provided hereinin this Second Amendment, shall be entitled to exercise all other such rightsrights and powers and resort to all other such remedies as may now or hereafter exist at law or in equity (including the Bankruptcy Code) in such event.