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

ASSIGNOR'S DUTIES, ETC. The Assignor shall have the right and the duty, through trademark counsel reasonably acceptable to the Lender, to prosecute diligently any trademark registration applications of the Trademarks pending as of the date of this Trademark Agreement or thereafter, to preserve and maintain all rights in the Trademarks and Trademark Registrations, including the filing of appropriate renewal applications and other instruments to maintain in effect the 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 Trademarks 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 trademark registration application, or any Trademark Registration or Trademark, without the consent of the Lender, which consent shall not be unreasonably withheld, other than those Trademark Registrations and Trademarks that are no longer used or useful in the conduct of the Assignor's business.

Appears in 1 contract

Sources: Trademark Collateral Security and Pledge Agreement (Swank, Inc.)

ASSIGNOR'S DUTIES, ETC. The Each Assignor shall have the right and the duty, through trademark counsel reasonably acceptable subject to the Lenderlast sentence of §7.1, to prosecute diligently any trademark registration applications of the Trademarks pending as of the date of this Trademark Agreement or thereafter, to preserve and maintain all rights in the Trademarks and Trademark Registrations, including the filing of appropriate renewal applications and other instruments to maintain in effect the Trademarks and 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 Trademarks or Trademark Registrations; provided that no Assignor shall have the duty to take any action with respect to any Trademark which has a minimal value or is otherwise no longer useful in the business of the Issuer and its Subsidiaries. Any expenses incurred in connection with such applications and actions shall be borne jointly and severally by the AssignorAssignors. The No Assignor shall not abandon any filed trademark registration application, or any Trademark Registration or TrademarkTrademark (other than any Trademark which has a minimal value or is otherwise no longer useful in the business of the Issuer and its Subsidiaries), without the consent of the LenderCollateral Agent, which consent shall not be unreasonably withheld, other than those Trademark Registrations and Trademarks that are no longer used or useful in the conduct of the Assignor's business.

Appears in 1 contract

Sources: Trademark Collateral Security and Pledge Agreement (Real Mex Restaurants, Inc.)

ASSIGNOR'S DUTIES, ETC. The Assignor shall have the right and the duty, through trademark counsel reasonably acceptable to the LenderAgent, to prosecute diligently any trademark registration applications of the Trademarks pending as of the date of this Trademark Agreement or thereafter, to preserve and maintain all rights in the Trademarks and Trademark Registrations, including the filing of appropriate renewal applications and other instruments to maintain in effect the 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 Trademarks 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 trademark registration application, or any Trademark Registration or Trademark, without the consent of the LenderAgent, which consent shall not be unreasonably withheld. Notwithstanding anything to the contrary contained in this §7.2, other than those so long as no Event of Default has occurred and is continuing, nothing in this §7.2 shall require the Assignor to prosecute any trademark registration applications, preserve and maintain all rights in the Trademarks and Trademark Registrations and Trademarks that are no longer used not abandon any trademark registration application, Trademark Registration or useful Trademark if the taking of such action is not in the Assignor's reasonable judgment desirable in the conduct of its business and the Assignor's businessfailure to take such action does not have a Material Adverse Effect.

Appears in 1 contract

Sources: Trademark Collateral Security and Pledge Agreement (Fargo Electronics Inc)