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 this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 16 contracts

Sources: Bridge Supply and Technology Development Agreement (BAKER HUGHES a GE Co LLC), Bridge Supply and Technology Development Agreement (Baker Hughes a GE Co), Supply and Technology Development Agreement (BAKER HUGHES a GE Co LLC)

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 United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under section 365(n) of the Bankruptcy Code.

Appears in 14 contracts

Sources: Non Exclusive License Agreement (Allakos Inc.), Non Exclusive License Agreement (Allakos Inc.), Non Exclusive License Agreement (Allakos Inc.)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement Exhibit I are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 12 contracts

Sources: Master Outsourcing Agreement (Genworth Financial Inc), Master Outsourcing Agreement (Genworth Financial Inc), Master Outsourcing Agreement (Genworth Financial 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 Title 11 of the United States Bankruptcy Code Code, as amended (such Title 11, the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 10 contracts

Sources: Collaboration Agreement (Discovery Partners International Inc), Collaboration Agreement (Infinity Pharmaceuticals, Inc.), Collaboration and License Agreement (Discovery Partners International 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 United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 5 contracts

Sources: License and Collaboration Agreement (Lexicon Pharmaceuticals, Inc.), License and Collaboration Agreement (Lexicon Pharmaceuticals, Inc./De), License and Collaboration Agreement (Merrimack Pharmaceuticals Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to this Agreement are, and shall otherwise be be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 5 contracts

Sources: Sublicense Agreement (Navidea Biopharmaceuticals, Inc.), License Agreement (Acusphere Inc), Note Purchase Agreement (Acusphere Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 4 contracts

Sources: Intellectual Property Cross License (Genworth Financial Inc), Intellectual Property Cross License (Genworth Financial Inc), Intellectual Property Cross License (Genworth Financial 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 United States Bankruptcy Code Reform Act of 1978, 11 U.S.C. §§ 101 et seq., as amended (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under Section 365(n) of the Bankruptcy Code.

Appears in 3 contracts

Sources: License Agreement (Discovery Laboratories Inc /De/), License Agreement (Discovery Laboratories Inc /De/), Strategic Alliance Agreement (Discovery Laboratories Inc /De/)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement are, and shall otherwise be be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 2 contracts

Sources: Settlement and Assignment Agreement (Alexion Pharmaceuticals Inc), License Agreement (Transkaryotic Therapies Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A101 (35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 2 contracts

Sources: Intellectual Property Matters Agreement (Arcosa, Inc.), Intellectual Property Matters Agreement (Trinity Industries 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 United States U.S. Bankruptcy Code (beginning at 11 U.S.C. 101, as amended) (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) 101 of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under Section 365(n) of the Bankruptcy Code.

Appears in 2 contracts

Sources: License Agreement (Dance Biopharm, Inc.), License, Development, Collaboration, and Commercialization Agreement (Dance Biopharm, 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 be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 2 contracts

Sources: License Agreement (NxStage Medical, Inc.), License Agreement (Achillion Pharmaceuticals Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement are, and shall otherwise be be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to "intellectual property" as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 2 contracts

Sources: License Agreement (Cell Genesys Inc), License Agreement (Transkaryotic Therapies 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 be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “U.S. Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the U.S. Bankruptcy Code, or under similar statutes in other jurisdictions, as applicable. The Parties shall retain and may fully exercise all of their respective rights and elections under the U.S. Bankruptcy Code.

Appears in 2 contracts

Sources: Collaboration and License Agreement (PMGC Holdings Inc.), Collaboration & License Agreement (Elevai Labs Inc.)

Section 365(n) of the Bankruptcy Code. 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 the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Sources: Separation and Distribution Agreement (Viamet Pharmaceuticals Holdings LLC)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to this Agreement areby a Party to the other, including those set forth in Section 6.1 and 6.4, are and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.U.S. Bankruptcy

Appears in 1 contract

Sources: Collaboration and License Agreement (PTC Therapeutics, Inc.)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement areAgreement, are and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Sources: Loan Arrangement and Reimbursement Agreement (Tesla Motors Inc)

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 United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under in Section 101(35A) of the Bankruptcy Code. The Parties parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Sources: Compound Transfer and Development Agreement (Gene Logic 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 United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under section 365(n) of the Bankruptcy Code. [***]CONFIDENTIAL PORTIONS OF THIS DOCUMENT REDACTED AND SEPARATELY FILED WITH THE COMMISSION.

Appears in 1 contract

Sources: Non Exclusive License Agreement (Kalobios 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 otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “U.S. Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the U.S. Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under Code to the Bankruptcy Code.extent permitted

Appears in 1 contract

Sources: Exclusive License Agreement (Atara Biotherapeutics, 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 be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Sources: Technology and Database License Agreement (Genaissance Pharmaceuticals Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to this Agreement are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the "Bankruptcy Code"), licenses of rights to "intellectual property" as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall parties will retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Sources: Aftermarket License Agreement (Transpro 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 United States Bankruptcy Code (the “U.S. Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties Each Party shall retain and may fully exercise all of their respective its rights and elections under the Bankruptcy CodeCode or equivalent legislation in any other jurisdiction.

Appears in 1 contract

Sources: Development and License Agreement (AntriaBio, Inc.)

Section 365(n) of the Bankruptcy Code. All rights and The licenses granted under this Agreement areshall be treated as licenses of rights to “intellectual property” (as defined in Section 101(56) of Title 11 of the United States Code, and shall otherwise be deemed to be, as amended (the “Bankruptcy Code”)) for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall parties agree that each party may elect to retain and may fully exercise all of their respective its rights and elections under the Bankruptcy Code; provided that the electing party complies with the terms of this Agreement.

Appears in 1 contract

Sources: License Agreement (Nitromed Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to this Agreement are, and shall otherwise be be, deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.. *CONFIDENTIAL TREATMENT REQUESTED

Appears in 1 contract

Sources: License Agreement (Acusphere 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 United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Sources: Intellectual Property Agreement and License (GXS Corp)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement are, and shall otherwise be are deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under in Section 101(35A) 101 of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.Each Party,

Appears in 1 contract

Sources: Master Collaboration Agreement (Ikena Oncology, Inc.)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under or pursuant to any section of this Agreement are, and otherwise shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A101 (35A) of the Bankruptcy Code. The Parties ACHILLION shall retain and may fully exercise all of their its respective rights and elections under the Bankruptcy Code.

Appears in 1 contract

Sources: License Agreement (Achillion Pharmaceuticals Inc)

Section 365(n) of the Bankruptcy Code. All rights and licenses granted under this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties Licensee shall retain and may fully have the right to exercise all of their respective rights and elections under the Bankruptcy CodeCode and all other applicable bankruptcy, insolvency, and similar laws with respect to this Agreement and the subject matter hereof.

Appears in 1 contract

Sources: Intellectual Property License Agreement (F45 Training Holdings Inc.)

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 United States Bankruptcy T▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code (the “Bankruptcy Code”), ) licenses of rights to “intellectual property” as defined under in Section 101(35A101(56) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under the Bankruptcy Code.Bankruptcy

Appears in 1 contract

Sources: Development, License and Marketing Agreement (Kos 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 otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties shall retain and may fully exercise all of their respective rights and elections under section 365(n) of the Bankruptcy Code.. [***] CONFIDENTIAL PORTIONS OF THIS DOCUMENT REDACTED AND FILED SEPARATELY WITH THE COMMISSION

Appears in 1 contract

Sources: Non Exclusive License Agreement (Kalobios Pharmaceuticals Inc)