Common use of ASSIGNOR'S DUTIES, ETC Clause in Contracts

ASSIGNOR'S DUTIES, ETC. Assignors shall have the right and the duty through patent counsel acceptable to the Lender to prosecute diligently any patent registration applications of the Patents pending as of the date of this Agreement or thereafter, to preserve and maintain all rights in the Patents and Patent Registrations, including the filing of appropriate renewal applications and other instruments to maintain in effect the Patent Registrations and the payment when due of all registration renewal fees and other fees, taxes and other expenses that shall be incurred or that shall accrue with respect to any of the Patents or Patent Registrations, in each case, to the extent the Assignor continues to use or intends to use, in a material manner, such Patent or Patent Registration in its reasonable business judgment. Any expenses incurred in connection with such applications and actions shall be borne by the Assignor. Notwithstanding the foregoing, nothing herein shall impose on the Assignor any obligation to respond to any non-final office actions that are issued by the USPTO or any other governmental authority refusing any application to register any of the Patents or to appeal from any adverse ruling concerning the validity, enforceability or registrability of any Patent. Further, nothing herein is intended to or shall require the Assignor to file any documents to maintain any Patent Registrations if the Assignor has no basis in law or fact to file such documents.

Appears in 2 contracts

Samples: Intercreditor Agreement (Blyth Inc), Intercreditor Agreement (Blyth Inc)

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ASSIGNOR'S DUTIES, ETC. Assignors Each Assignor shall have the right and the duty duty, through patent trademark counsel acceptable to the Lender Lender, to prosecute diligently any patent trademark registration applications of the Patents Trademarks pending as of the date of this Agreement or thereafter, to preserve and maintain all rights in the Patents Trademarks and Patent Trademark Registrations, including the filing of appropriate renewal applications and other instruments to maintain in effect the Patent Trademark Registrations and the payment when due of all registration renewal fees and other fees, taxes and other expenses that shall be incurred or that shall accrue with respect to any of the Patents Trademarks or Patent Trademark Registrations, in each case, to the extent the Assignor continues to use use, in a material manner, or intends continues to have an intent to use, in a material manner, such Patent or Patent Registration xxxx in its reasonable business judgment. Any expenses incurred in connection with such applications and actions shall be borne by the AssignorAssignors. Notwithstanding the foregoing, nothing herein shall impose on the Assignor Assignors any obligation to respond to any non-final office actions that are issued by the USPTO or any other governmental authority refusing any application to register any of the Patents Trademarks or to appeal from any adverse ruling concerning the validity, enforceability or registrability of any PatentTrademark. Further, nothing herein is intended to or shall require the Assignor to file any documents to maintain any Patent Trademark Registrations if the Assignor has such Trademark Registrations are not in use and if Assignors have no basis in law or fact to file such documents.

Appears in 2 contracts

Samples: Intercreditor Agreement (Blyth Inc), Intercreditor Agreement (Blyth Inc)

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ASSIGNOR'S DUTIES, ETC. Assignors Each Assignor shall have the right and the duty duty, through patent copyright counsel acceptable to the Lender Lender, to prosecute diligently any patent registration applications of the Patents Copyrights pending as of the date of this Agreement or thereafter, to preserve and maintain all rights in the Patents and Patent RegistrationsCopyrights, including the filing of appropriate renewal applications and other instruments to maintain in effect the Patent Registrations Copyrights and the payment when due of all registration renewal fees and other fees, taxes and other expenses that shall be incurred or that shall accrue with respect to any of the Patents or Patent RegistrationsCopyrights, in each case, to the extent the Assignor continues to use use, in a material manner, or intends continues to have an intent to use, in a material manner, such Patent or Patent Registration Copyright in its reasonable business judgment. Any expenses incurred in connection with such applications and actions shall be borne by the AssignorAssignors. Notwithstanding the foregoing, nothing herein shall impose on the Assignor Assignors any obligation to respond to any non-final office actions that are issued by the USPTO USCO or any other governmental authority refusing any application to register any of the Patents Copyrights or to appeal from any adverse ruling concerning the validity, enforceability or registrability of any PatentCopyright. Further, nothing herein is intended to or shall require the Assignor to file any documents to maintain any Patent Registrations Copyrights if the Assignor has such Copyrights are not in use and if Assignors have no basis in law or fact to file such documents.

Appears in 2 contracts

Samples: Intercreditor Agreement (Blyth Inc), Intercreditor Agreement (Blyth Inc)

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