Brand Usage. Main Street and the Sub-Adviser conduct their business under xxxx “Main Street” and the “Main Street” design (collectively, the “Brand”). In connection with the BDC’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the BDC may state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC under the terms of this Agreement. Main Street and the Sub-Adviser hereby grant a non-exclusive, non-transferable, and non-sublicensable license to the BDC for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the BDC or the Adviser, as applicable, shall submit all proposed uses to the Sub-Adviser for prior written approval. The Adviser agrees to control the use of such Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser. The Sub-Adviser reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoing, the term of the license granted under this section shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-Adviser. The BDC and the Adviser each agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDC’s use shall inure solely to the benefit of them. Without limiting the foregoing, this license shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be used.
Brand Usage. As between the parties, the Adviser owns all worldwide rights to the “KKR” trademark and logo (collectively, the “Brand”). The Adviser hereby grants a worldwide non-exclusive license to the Fund to use the Brand as a trademark and logo in connection with marketing, promoting and operating the Fund. The Fund shall not register or use the Brand as a corporate name, domain name, ticker symbol or social media identifier without the Adviser’s prior written consent. The Fund shall use the Brand only in connection with high-quality goods and services and in accordance with any guidelines provided by Adviser. The Fund shall obtain the Adviser’s prior written consent for any materials bearing the Brand, or any proposed uses of variations of the Brand or combinations of the Brand with other terms or marks. The Adviser may terminate this license immediately upon written notice for any reason, including for (i) any breach of this license by the Fund or (ii) the termination of this Agreement or the investment advisory relationship between the Fund and the Adviser. Except to the extent required by applicable law, the Fund shall immediately cease all use of the Brand after such termination. The Fund shall not challenge or contravene the validity of, or the Adviser’s worldwide ownership of the Brand, and shall not take (or fail to take) any action that may damage the Brand. All goodwill arising from the Fund’s use of the Brand shall inure solely to the benefit of the Adviser. The Fund may not sublicense or assign this license without the prior written consent of the Adviser, and any purported transaction in violation of the foregoing shall be null and void. For clarity, a change of control, assumption in bankruptcy, merger or reorganization of the Fund shall be deemed an “assignment” of the above license, even if it is not deemed an assignment under applicable law. The Adviser disclaims any and all liability for the Fund’s use of the Brand outside the United States, which such use shall be at the Fund’s sole risk.
Brand Usage a. Other than (i) in connection with required disclosures in the Prospectus or other Fund materials, and (ii) as necessary to identify relevant parties in Advisor and/or Fund related regulatory filings, agreements or other documents, neither the Advisor nor the Trust or a Fund shall use the Sub-Advisor’s actual or fictitious name(s), mark, derivative and/or logo (or that of any affiliate of the Sub-Advisor, other than that of the Advisor or of the Fund or any affiliate of the Sub-Advisor that is an affiliate of the Sub-Advisor solely by reason of the Sub-Advisor’s provision of services pursuant to this Agreement) or otherwise refer to the Sub-Advisor in any materials distributed to third parties, including the Fund’s shareholders, without prior review and written approval by the Sub-Advisor, which may not be unreasonably withheld or delayed. Upon termination of this Agreement, the Advisor, Trust and the Fund(s), shall, to the extent applicable and as soon as is reasonably possible, cease to use the Sub-Advisor’s actual or fictitious name(s), mark, derivative and/or logo.
b. Other than (i) in connection with required disclosures in the Prospectus or other Fund materials, and (ii) as necessary to identify relevant parties in Sub-Advisor and/or Fund related regulatory filings, agreements or other documents, the Sub-Advisor shall not use the Advisor’s or Fund’s actual or fictitious name(s) (or that of any other affiliate of the Advisor) or otherwise refer to the Advisor or a Fund in any materials distributed to third parties, including the Fund’s shareholders, without prior review and written approval by the Advisor, which may not be unreasonably withheld or delayed. Upon termination of this Agreement, the Sub-Advisor shall, to the extent applicable and as soon as is reasonably possible, cease to use the actual or fictitious name(s), mark, derivative and/or logo of the Advisor and the Fund.
Brand Usage. The Sub-Adviser conducts its investment advisory business under, and owns all rights to, the trademark “Alcentra” and the “Alcentra” design (collectively, the “Brand”). In connection with the Fund’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the Fund may state in such materials that investment advisory services are being provided by the Sub-Adviser to the Fund under the terms of this Agreement. The Sub-Adviser hereby grants a non-exclusive, non-transferable, and non-sublicensable license to the Fund for the use of the Brand solely as permitted in the foregoing sentence. The Adviser agrees to control the use of such Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser. The Sub-Adviser reserves the right to terminate this license immediately upon written notice if the usage is not in compliance with such standards and policies. Notwithstanding the foregoing, the term of the license granted under this Section shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement. The Fund and the Adviser each agree that the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the Fund’s use shall inure solely to the benefit of the Sub-Adviser. Without limiting the foregoing, this license shall have no effect on the Fund’s ownership rights of the works within which the Brand shall be used.
Brand Usage. The Advisor conducts its investment advisory business under the trademark “W.P. Xxxxx” and the “W.P. Xxxxx” design (collectively, the “Brand”). In connection with the Company’s (a) public filings, (b) requests for information from state and federal regulators, (c) offering materials and advertising materials and (d) investor communications, the Company may state in such materials that investment advisory services are being provided by the Advisor to the Company under the terms of this Agreement. The Advisor hereby grants a non-exclusive, non-transferable and non-sublicensable license to the Company for the use of the Brand as permitted in the foregoing sentence and in connection with the Company’s name. The Company agrees that the Advisor is the sole owner of the Brand and agrees not to challenge or contest the validity of, or the Advisor’s rights in the Brand (and the associated goodwill). Prior to using the Brand in any manner, the Company shall submit all proposed uses to the Advisor for prior written approval. The Company agrees to control the use of such Brand in accordance with the standards and policies as established between the Advisor and the Company. The Advisor reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoing, the term of the license granted under this Section shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement. Without limiting the foregoing, this license shall have no effect on the Company’s ownership rights of the works within which the Brand shall be used.
Brand Usage. (a) Neither the SubAdviser, the Adviser nor the Fund shall use the Sub-SubAdviser’s actual or fictitious name(s) (or that of any affiliate of the Sub-SubAdviser, other than that of the Fund or any affiliate of the SubAdviser that is an affiliate of the Sub-SubAdviser solely by reason of the SubAdviser’s provision of services pursuant to this Agreement) or otherwise refer to the Sub-SubAdviser in any materials distributed to third parties, including the Fund’s shareholders, without prior review and written approval by the Sub-SubAdviser, which may not be unreasonably withheld or delayed. The SubAdviser, the Adviser and the Fund acknowledge that any permitted use of the Sub-SubAdviser’s Trade Xxxx will be governed exclusively by the terms of the separate written agreement between an affiliate of the Sub-SubAdviser and the SubAdviser (the “Use of Macquarie Trade Xxxx Agreement”). Upon termination of this Agreement, the Adviser, SubAdviser and the Fund, shall, to the extent applicable and as soon as is reasonably possible and in any event within 30 days, cease to use the Sub-SubAdviser's actual or fictitious name(s).
(b) The Sub-SubAdviser shall not use the Adviser’s, SubAdviser’s or Fund’s name (or that of any other affiliate of the SubAdviser) or otherwise refer to the Adviser, SubAdviser or the Fund in any materials distributed to third parties, including the Fund’s shareholders, without prior review and written approval by the Adviser or the SubAdviser, which may not be unreasonably withheld or delayed. The Sub-SubAdviser acknowledges than any permitted use of the Adviser’s, SubAdviser’s or Fund’s actual or fictitious name(s), xxxx, derivative and/or logo may be subject to their respective brand usage requirements. Upon termination of this Agreement, the Sub-SubAdviser shall, to the extent applicable and as soon as is reasonably possible and in any event within 30 days, cease to use the actual or fictitious name(s), xxxx, derivative and/or logo of the Adviser, the SubAdviser and the Fund.
Brand Usage. The Adviser conducts its investment advisory business under, and it or its affiliates own all rights to, “Context Advisers III, LLC” and “Context Advisers” and any related designs or logos (collectively, the “Brand”). In connection with the Funds’ (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the Funds may state in such materials that investment advisory services are being provided by the Adviser to the Funds under the terms of this Agreement. The Adviser hereby grants a non-exclusive, non-transferable, and non-sublicensable license to the Funds for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the Funds shall submit all proposed uses to the Adviser for prior written approval. The Adviser reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoing, the term of the license granted under this Section shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment advisory relationship between the Adviser and the Funds. The Funds agree that the Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the Funds’ use shall inure solely to the benefit of the Adviser. Without limiting the foregoing, this license shall have no effect on the Funds’ ownership rights of the works within which the Brand shall be used.
Brand Usage. Subject to the terms and conditions of this Agreement, as long as Licensee pays the Royalty set forth in Section 4.2, during the term of this Agreement, Licensor will permit Licensee to announce to Licensee’s customers that Licensee’s technology is licensed and supported by Licensor, and further, Licensor will permit Licensee to mark, at Licensee’s discretion, xxxx license or support in its documentation or materials in a manner such as “Powered by PCT, LLC.”, “Licensed by PCT, LLC.” or similar legend. All goodwill associated with the use of the foregoing legends shall inure to the benefit of Licensor. Upon Licensor’s request, from time to time, Licensee shall promptly submit samples of any documentation or materials that contain the foregoing legends to Licensor at Licensee’s sole cost and expense and may request Licensee to remove such legends if, in Licensor’s reasonable judgment, Licensee fails to comply with each country’s governmental laws and regulations in the Territory. For the avoidance of doubt, except for the limited extent provided above in this Section 3.2, nothing in this Agreement will grant Licensee any right, title or interest in or to any trademarks used, adopted or owned by Licensor (or of any third party from whom Licensor has acquired license rights) from time to time, either alone or in association with other words or names.
Brand Usage. The Company shall be entitled to use the brand name, logo and image of the Users for the limited purposes of business development and investor information, and this shall include appropriate referencing on the Company’s websites, brochures and marketing materials.
Brand Usage. Rutgers hereby grants Xxxxxxx, for the term of the Agreement, the right and license to reproduce, display and use the name, trade names, trademarks, service marks, logos, symbols and trade dress (collectively “Rutgers Trademarks”) owned or licensable by Rutgers to facilitate student recruitment and to support and service the Managed Programs, provided that any and all uses of Rutgers Trademarks are submitted to Rutgers for prior review and written approval; this includes the use of Rutgers Trademarks in advertising and marketing plans, samples of representative marketing materials, and paid and unpaid advertising. Rutgers will complete and communicate the results of its review of each use of its Trademarks within 10 business days of receipt of the submission. If written approval is not received within 10 days of submission, then the request is deemed disapproved.
