ASSIGNOR'S DUTIES, ETC. The Assignor shall have the duty, through patent counsel acceptable to the Agent, to prosecute diligently any patent applications of the Patents pending as of the date of this Patent Agreement or thereafter, to make application for unpatented but reasonably patentable inventions and to preserve and maintain all rights in the Patents, including without limitation the payment when due of all maintenance fees and other fees, taxes and other expenses which shall be incurred or which shall accrue with respect to any of the Patents. Any expenses incurred in connection with such applications and actions shall be borne by the Assignor. The Assignor shall not abandon any filed patent application, or any pending patent application or patent, without the consent of the Agent, which consent shall not be unreasonably withheld. The Agent hereby appoints the Assignor as its agent for all matters referred to in the foregoing provisions of this ss.6 and agrees to execute any documents necessary to confirm such appointment. Upon the occurrence and during the continuance of an Event of Default, the Agent may terminate such agency by providing written notice of termination to the Assignor. Notwithstanding anything to the contrary contained in this ss.6.2, so long as no Event of Default has occurred and is continuing, nothing in this ss.6.2 shall require the Assignor to obtain the Agent's consent to the selection of any patent counsel, to prosecute any patent applications, to make an application for unpatented inventions, to preserve and maintain all rights in the Patents and not abandon any patent application or patent if the taking of such action is not in the Assignor's reasonable judgment desirable in the conduct of its business and the failure to take such action does not have a materially adverse effect on the business, assets or financial condition of the Assignor or its Subsidiaries.
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Samples: Revolving Credit and Term Loan Agreement (Genrad Inc)
ASSIGNOR'S DUTIES, ETC. The Assignor shall have the right and the duty, through patent trademark counsel reasonably acceptable to the Agent, to prosecute diligently any patent trademark registration applications of the Patents Trademarks pending as of the date of this Patent Trademark Agreement or thereafter, to make application for unpatented but reasonably patentable inventions and to preserve and maintain all rights in the PatentsTrademarks and Trademark Registrations, including without limitation the filing of appropriate renewal applications and other instruments to maintain in effect the Trademark Registrations and the payment when due of all maintenance registration renewal fees and other fees, taxes and other expenses which that shall be incurred or which that shall accrue with respect to any of the PatentsTrademarks or Trademark Registrations. Any expenses incurred in connection with such applications and actions shall be borne by the Assignor. The Assignor shall not abandon any filed patent trademark registration application, or any pending patent application Trademark Registration or patentTrademark, without the consent of the Agent, which consent shall not be unreasonably withheld. The Agent hereby appoints the Assignor as its agent for all matters referred to in the foregoing provisions of this ss.6 and agrees to execute any documents necessary to confirm such appointment. Upon the occurrence and during the continuance of an Event of Default, the Agent may terminate such agency by providing written notice of termination to the Assignor. Notwithstanding anything to the contrary contained in this ss.6.2§7.2, so long as no Event of Default has occurred and is continuing, nothing in this ss.6.2 §7.2 shall require the Assignor to obtain the Agent's consent to the selection of any patent counsel, to prosecute any patent trademark registration applications, to make an application for unpatented inventions, to preserve and maintain all rights in the Patents Trademarks and Trademark Registrations and not abandon any patent application trademark registration application, Trademark Registration or patent Trademark if the taking of such action is not in the Assignor's reasonable judgment desirable in the conduct of its business and the failure to take such action does not have a materially adverse effect on the business, assets or financial condition of the Assignor or its SubsidiariesMaterial Adverse Effect.
Appears in 1 contract
Samples: Trademark Collateral Security and Pledge Agreement (Fargo Electronics Inc)
ASSIGNOR'S DUTIES, ETC. The Assignor shall have the duty, through patent counsel reasonably acceptable to the AgentAssignee, to prosecute diligently any patent applications of with respect to the Patents and applications to register the Trademarks pending as of the date of this Patent and Trademark Agreement or thereafter, to make application for unpatented but reasonably patentable inventions and to preserve and maintain all rights in the Patents, including without limitation the payment when due of all maintenance fees and other fees, taxes and other expenses which shall be incurred or which shall accrue with respect to any of the Patents. Any expenses incurred in connection with such applications and actions shall be borne by the Assignor. The Assignor shall not abandon any filed or pending patent application, or any pending patent application trademark registration application, or patent, or trademark without the consent of the AgentAssignee, which consent shall not be unreasonably withheld. The Agent Assignee hereby appoints the Assignor as its agent for all matters referred to in the foregoing provisions of this ss.6 Section 6 and agrees to execute any documents necessary to confirm such appointment. Upon the occurrence and during the continuance of an Event of Default, the Agent Assignee may terminate such agency by providing written notice of termination to the Assignor. Notwithstanding anything to the contrary contained in this ss.6.2, so long as no Event of Default has occurred and is continuing, nothing in this ss.6.2 shall require the Assignor to obtain the Agent's consent to the selection of any patent counsel, to prosecute any patent applications, to make an application for unpatented inventions, to preserve and maintain all rights in the Patents and not abandon any patent application or patent if the taking of such action is not in the Assignor's reasonable judgment desirable in the conduct of its business and the failure to take such action does not have a materially adverse effect on the business, assets or financial condition of the Assignor or its Subsidiaries.
Appears in 1 contract
ASSIGNOR'S DUTIES, ETC. The Assignor shall have the duty, through patent counsel reasonably acceptable to the Agent, to prosecute diligently any patent applications of the Patents pending as of the date of this Patent Agreement or thereafter, to make application for unpatented but reasonably patentable inventions and to preserve and maintain all rights in the Patents, including without limitation the payment when due of all maintenance fees and other fees, taxes and other expenses which shall be incurred or which shall accrue with respect to any of the Patents. Any expenses incurred in connection with such applications and actions shall be borne by the Assignor. The Assignor shall not abandon any filed patent application, or any pending patent application or patent, without the consent of the Agent, which consent shall not be unreasonably withheld. The Agent hereby appoints the Assignor as its agent for all matters referred to in the foregoing provisions of this ss.6 §6 and agrees to execute any documents necessary to confirm such appointment. Upon the occurrence and during the continuance of an Event of Default, the Agent may terminate such agency by providing written notice of termination to the Assignor. Notwithstanding anything to the contrary contained in this ss.6.2§6.2, so long as no Event of Default has occurred and is continuing, nothing in this ss.6.2 §6.2 shall require the Assignor Asignor to obtain the Agent's consent to the selection of any patent counsel, to prosecute any patent applications, to make an application for unpatented inventions, to preserve and maintain all rights in the Patents and not abandon any patent application or patent if the taking of such action is not in the Assignor's reasonable judgment desirable in the conduct of its business and the failure to take such action does not have a materially adverse effect on the business, assets or financial condition of the Assignor or its SubsidiariesMaterial Adverse Effect.
Appears in 1 contract
Samples: Patent Collateral Assignment and Security Agreement (Fargo Electronics Inc)