Common use of Section 365(n) of the Bankruptcy Code Clause in Contracts

Section 365(n) of the Bankruptcy Code. 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, licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. Each Party shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdiction. Upon the bankruptcy of either Party, the other 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 such other Party, unless the Party in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement.

Appears in 8 contracts

Samples: License Agreement (Eiger BioPharmaceuticals, Inc.), License Agreement (Cerecor Inc.), Exclusive Patent and Know How License Agreement (Cerecor Inc.)

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Section 365(n) of the Bankruptcy Code. 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, licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. Each Party shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdiction. Upon the bankruptcy of either Party, the other Party shall further be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property, and suchwhich, if not already in its possession, shall be promptly delivered to such other Party, unless the Party in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement.

Appears in 2 contracts

Samples: License Agreement (Urovant Sciences Ltd.), License Agreement (Urovant Sciences Ltd.)

Section 365(n) of the Bankruptcy Code. All Notwithstanding Section 16.1, 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, licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. Each Party shall retain and may fully exercise all of its their respective rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdiction. Upon the bankruptcy of either Party, the other 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 such the other Party, unless the Party party that is in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement.

Appears in 2 contracts

Samples: Exclusive Sales, Marketing, Manufacturing and Distribution Agreement (Cytonics Corp), Exclusive Sales, Marketing, Manufacturing and Distribution Agreement (Cytonics Corp)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section Section of this Agreement are, are and shall otherwise be deemed to be, be for purposes of Section section 365(n) of Title 11, of the U.S. United States Code (the “Bankruptcy Code, ”) licenses of rights to “intellectual property” as defined under Section 101(35Ain section 101(56) of the Bankruptcy Code. Each Party The Parties shall retain and may fully exercise all of its their respective rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdictionCode. Upon the bankruptcy of either any Party, the other non-bankrupt Party shall further be entitled to a complete duplicate of (of, or complete access to, as appropriate) any such intellectual property, and such, if not already in its possession, shall be promptly delivered to such other the non-bankrupt Party, unless the bankrupt Party in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement.

Appears in 2 contracts

Samples: License Agreement (Dusa Pharmaceuticals Inc), Settlement Agreement (Dusa Pharmaceuticals Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. Each Party shall will retain and may fully exercise all of its rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdiction. Upon the bankruptcy of either Party, the other Party shall will further be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual propertyproperty for which a license has been granted to such Party hereunder, and suchsuch intellectual property, if not already in its possession, shall will be promptly delivered to such other Party, unless the Party in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement.

Appears in 2 contracts

Samples: Assignment and License Agreement (Spero Therapeutics, Inc.), Assignment and License Agreement (Spero Therapeutics, Inc.)

Section 365(n) of the Bankruptcy Code. 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, licenses of rights to "intellectual property" as defined under Section 101(35A) of the Bankruptcy Code. Each Party shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdiction. Upon the bankruptcy of either Party, the other 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 such other Party, unless the Party in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement.. ARTICLE III —

Appears in 2 contracts

Samples: Exclusive Patent and Know How License Agreement (Cerecor Inc.), Exclusive Patent and Know How License Agreement (Cerecor Inc.)

Section 365(n) of the Bankruptcy Code. 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, licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. Each Party party shall retain and may fully exercise all of its their respective rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdiction. Upon the bankruptcy of either Partyparty, the other Party 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 such the other Partyparty, unless the Party party that is in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement.

Appears in 1 contract

Samples: Collaboration and License Agreement (Celltech Group PLC)

Section 365(n) of the Bankruptcy Code. 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, licenses of rights to "intellectual property" as defined under Section 101(35A) of the Bankruptcy Code. Each Party shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdiction. Upon the bankruptcy of either Party, the other 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 such other Party, unless the Party in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement...

Appears in 1 contract

Samples: License, Development, and Commercialization Agreement (Anacor Pharmaceuticals Inc)

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Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, are and shall otherwise be deemed to be, be for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, Code licenses of rights to of “intellectual property” as defined under in Section 101(35A) of the United States Bankruptcy Code. Each Party The Parties shall retain and may fully exercise all of its their respective rights and elections under the United States Bankruptcy Code or equivalent legislation in any other jurisdictionCode. Upon the bankruptcy Event of either Bankruptcy of a Party, the other Party non-bankrupt party shall further be entitled to a complete duplicate of (of, or complete access to, as appropriate) any such intellectual property, and such, if not already in its possession, shall be promptly delivered to such other Partythe non-bankrupt party, unless the Party in bankruptcy bankrupt party elects to continue, and continues, to perform all of its obligations under this Agreement.

Appears in 1 contract

Samples: Research Collaboration and License Agreement (Combinatorx, Inc)

Section 365(n) of the Bankruptcy Code. 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, licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. Each Party shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdiction. Upon the bankruptcy of either Party, the other Party shall further be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual propertyproperty for which a license has been granted to such Party hereunder, and such, if not already in its possession, shall be promptly delivered to such other Party, unless the Party in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement.

Appears in 1 contract

Samples: Assignment and License Agreement (BioSig Technologies, Inc.)

Section 365(n) of the Bankruptcy Code. 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, licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. Each Party The Parties shall retain and may fully exercise all of its their respective rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdictionCode. Upon the bankruptcy of either any Party, the other non-bankrupt Party shall further be entitled to a complete duplicate of (or complete access to, as appropriate) any licensed intellectual property not already in such intellectual propertyParty’s possession and necessary for such Party to enjoy the rights granted to it under such license, and such, if not already in its possession, shall be promptly delivered to such other the non-bankrupt Party, unless the bankrupt Party in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement.

Appears in 1 contract

Samples: Collaboration and License Agreement (Adaptimmune Therapeutics PLC)

Section 365(n) of the Bankruptcy Code. 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, licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. Each Party shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdiction. Upon the bankruptcy of either Party, the other 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 such other Party, unless [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. the Party in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement.

Appears in 1 contract

Samples: License Agreement (Celladon Corp)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section Section of this Agreement are, are and shall otherwise be deemed to be, be for purposes of Section 365(n) of Title 11, of the U.S. United States Code (the “Bankruptcy Code, ”) licenses of rights to “intellectual property” as defined under in Section 101(35A101(56) of the Bankruptcy Code. Each Party The Parties shall retain and may fully exercise all of its their respective rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdictionCode. Upon the bankruptcy of either any Party, the other non-bankrupt Party shall further be entitled to a complete duplicate of (of, or complete access to, as appropriate) any such intellectual property, and such, if not already in its possession, shall be promptly delivered to such other the non-bankrupt Party, unless the bankrupt Party in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement.

Appears in 1 contract

Samples: Collaboration, License, Development and Commercialization Agreement (Aratana Therapeutics, Inc.)

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