Common use of Section 365(n) Clause in Contracts

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Licensee may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Party files for bankruptcy in the United States or other jurisdiction. The Parties further agree that, in the event Licensee elects to retain its rights as a licensee under such Code, Licensee shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Licensee not later than: (a) the commencement of bankruptcy proceedings against the licensor, upon written request, unless the licensor elects to perform its obligations under the Agreement, or (b) if not delivered under Section 11.14 above, upon the rejection of this Agreement by or on behalf of Licensee, upon written request.

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Licensee a Party granted a license pursuant to this Agreement (a “Licensee”) may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Code and any foreign equivalent thereto in any country having jurisdiction over a Party files for bankruptcy in the United States or other jurisdictionits assets. The Parties further agree that, in the event a Licensee elects to retain its rights as a licensee under such Code, such Licensee shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the such Licensee not later than: (a) the commencement of bankruptcy proceedings against the licensorother Party, upon written request, unless the licensor other Party elects to perform its obligations under the this Agreement, or (b) if not otherwise delivered under this Section 11.14 above4.5, upon the rejection of this Agreement by or on behalf of Licenseethe other Party, upon Licensee’s written request.

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Licensee Each Party, as licensee, may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Code and any foreign equivalent thereto in any country having jurisdiction over a Party files for bankruptcy in the United States or other jurisdictionits assets. The Parties further agree that, in the event Licensee if a Party elects to retain its rights as a licensee under such Code, Licensee such Party shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Licensee licensee Party not later than: (a) 12.5.1 the commencement of bankruptcy proceedings against the licensor, upon written request, unless the licensor elects to perform its obligations under the Agreement, or (b) 12.5.2 if not delivered under Section 11.14 above12.5.1, upon the rejection of this Agreement by or on behalf of Licenseethe licensor, upon written request. Any agreements supplemental hereto will be deemed to be “agreements supplementary to” this Agreement for purposes of Section 365(n) of the Bankruptcy Code.

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right rights to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Licensee either Party may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either the other Party files for bankruptcy in the United States or other another jurisdiction. The Parties further agree that, in the event Licensee the non-insolvent Party elects to retain its rights as a licensee under such Code, Licensee such Party shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the Licensee such Party not later than:; (a) the commencement of bankruptcy proceedings against the licensorinsolvent Party, upon written request, unless the licensor such insolvent Party elects to perform its obligations under the Agreement, or (b) if not delivered under Section 11.14 (a) above, upon the rejection of this Agreement by or on behalf of Licenseethe insolvent Party, upon written request.

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Licensee a Party granted a license pursuant to this Agreement (a “Licensee”) may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Code and any foreign equivalent thereto in any country having jurisdiction over a Party files for bankruptcy in the United States or other jurisdictionits assets. The Parties further agree that, in the event a Licensee elects to retain its rights as a licensee under such Code, such Licensee shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall be delivered to the such Licensee not later than: (a) the commencement of bankruptcy proceedings against the licensorother Party, upon written request, unless the licensor other Party elects to perform its obligations under the this Agreement, or (b) if not otherwise delivered under this Section 11.14 above3.3, upon the rejection of this Agreement by or on behalf of Licenseethe other Party, upon Licensee’s written request.

Section 365(n). All licenses granted under this Agreement are deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined in Section 101 of such Code. The Parties agree that Licensee each Party, as licensee, may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardless of whether either Code and any foreign equivalent thereto in any country having jurisdiction over a Party files for bankruptcy in the United States or other jurisdictionits assets. The Parties further agree that, in the event Licensee that a Party elects to retain its rights as a licensee under such Code, Licensee shall such Party will be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology. Such embodiments of the technology shall will be delivered to the Licensee licensee Party not later than: (a) the commencement of bankruptcy proceedings against the licensor, upon written request, unless the licensor elects to perform its obligations under the Agreement, ; or (b) if not delivered under Section 11.14 11.11(a) (Section 365(n)) above, upon the rejection of this Agreement by or on behalf of Licenseethe licensor, upon written request. Any agreements supplemental hereto will be deemed to be “agreements supplementary to” this Agreement for purposes of Section 365(n) of the Bankruptcy Code.