ADDITIONAL REMEDIES FOR PATENT COLLATERAL Sample Clauses
ADDITIONAL REMEDIES FOR PATENT COLLATERAL. (a) Anything contained herein to the contrary notwithstanding, upon the occurrence and during the continuation of an Event of Default, (i) the Agent shall have the right (but not the obligation) to bring suit, in the name of any Grantor, the Agent or otherwise, to enforce any Patent Collateral, in which event each Grantor shall, at the request of the Agent, do any and all lawful acts and execute any and all documents required by the Agent in aid of such enforcement and each Grantor shall promptly, upon demand, reimburse and indemnify the Agent as provided in Sections 13.7 and 13.12 of the Credit Agreement and Section 25 hereof, as applicable, in connection with the exercise of its rights under this Section 29, and, to the extent that the Agent shall elect not to bring suit to enforce any Patent Collateral as provided in this Section 29, each Grantor agrees to use all reasonable measures, whether by action, suit, proceeding or otherwise, to prevent the infringement of any of the Patent Collateral by others and for that purpose agrees to use its commercially reasonable judgment in maintaining any action, suit or proceeding against any Person so infringing reasonably necessary to prevent such infringement; (ii) upon written demand from the Agent, each Grantor shall execute and deliver to the Agent an assignment or assignments of the Patent Collateral and such other documents as are necessary or appropriate to carry out the intent and purposes of this Agreement; (iii) each Grantor agrees that such an assignment and/or recording shall be applied to reduce the Secured Obligations outstanding only to the extent that the Agent (or any Lender) receives cash proceeds in respect of the sale of, or other realization upon, the Patent Collateral; and (iv) within five Business Days after written notice from the Agent, each Grantor shall make available to the Agent, to the extent within such Grantor’s power and authority, such personnel in such Grantor’s employ on the date of such Event of Default as the Agent may reasonably designate, by name, title or job responsibility, to permit such Grantor to continue, directly or indirectly, to produce, advertise and sell the products and services sold or delivered by such Grantor under or in connection with the trademarks, trademark registrations and trademark rights, such persons to be available to perform their prior functions on the Agent’s behalf and to be compensated by the Agent at such Grantor’s expense on a per diem, pro-r...
