Common use of Company Intellectual Property Clause in Contracts

Company Intellectual Property. Except as disclosed in the Registration Statement and Prospectus: (i) the Company owns, possesses, licenses or has other rights to use the patents and patent applications, copyrights, trademarks, service marks, trade names, technology, know-how (including trade secrets and other unpatented and/or unpatentable proprietary rights) and other intellectual property (or could acquire such intellectual property upon commercially reasonable terms) necessary to conduct its business in the manner in which it is being conducted (collectively, the “Company Intellectual Property”); (ii) to the Company’s knowledge, none of the patents owned or licensed by the Company, if any, is unenforceable or invalid, and, to the Company’s knowledge, none of the patent applications owned or licensed by the Company would be unenforceable or invalid if issued as patents; (iii) the Company is not obligated to pay a royalty, grant a license, or provide other consideration to any third party in connection with the Company Intellectual Property other than as disclosed in the Prospectus and other than for in-bound “shrink-wrap” end-user licenses and similar generally available commercial end-user licenses; (iv) the Company has not received any notice of violation or conflict with rights of others with respect to the Company Intellectual Property; (v) there are no pending or, to the Company’s knowledge, threatened actions, suits, proceedings or claims by others that the Company is infringing any patent, trade secret, trade xxxx, service xxxx, copyright or other intellectual property or proprietary right; and (vi) the products or processes of the Company referenced in the Prospectus do not, to the knowledge of the Company, violate or conflict with any intellectual property or proprietary right of any third person.

Appears in 8 contracts

Samples: Sales Agency Agreement (Lm Funding America, Inc.), Sales Agency Agreement (Lm Funding America, Inc.), Sales Agency Agreement (Lm Funding America, Inc.)

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Company Intellectual Property. Except as disclosed in the Registration Statement and Prospectus: (i) , the Company owns, possesses, licenses or has other rights to use the patents and patent applications, copyrights, trademarks, service marks, trade names, technology, know-how (including trade secrets and other unpatented and/or unpatentable proprietary rights) and other intellectual property (or could acquire such intellectual property upon commercially reasonable terms) necessary to conduct its business in the manner in which it is being conducted (collectively, the “Company Intellectual Property”); (ii) ; except as disclosed in the Registration Statement and Prospectus, to the Company’s knowledge, none of the patents owned or licensed by the Company, if any, Company is unenforceable or invalid, and, to the Company’s knowledge, none of the patent applications owned or licensed by the Company would be unenforceable or invalid if issued as patents; (iii) ; to the Company’s knowledge, the Company is not obligated to pay a royalty, grant a license, or provide other consideration to any third party in connection with the Company Intellectual Property other than as disclosed in the Prospectus Prospectus; except as disclosed in the Registration Statement and other than for in-bound “shrink-wrap” end-user licenses and similar generally available commercial end-user licenses; (iv) Prospectus, the Company has not received any notice of violation or conflict with rights of others with respect to the Company Intellectual Property; (v) ; except as disclosed in the Registration Statement and Prospectus, there are no pending or, or to the Company’s knowledge, threatened actions, suits, proceedings or claims by others that the Company is infringing any patent, trade secret, trade xxxx, service xxxx, copyright or other intellectual property or proprietary right; and (vi) and except as disclosed in the Registration Statement and Prospectus, the products or processes of the Company referenced in the Prospectus do not, to the knowledge of the Company, violate or conflict with any intellectual property or proprietary right of any third person.

Appears in 2 contracts

Samples: Placement Agreement (Green Plains Renewable Energy, Inc.), Placement Agreement (Green Plains Renewable Energy, Inc.)

Company Intellectual Property. Except as disclosed in the Registration Statement and Prospectus: (i) the Company owns, possesses, licenses or has other rights to use the patents and patent applications, copyrights, trademarks, service marks, trade names, technology, know-how (including trade secrets and other unpatented and/or unpatentable proprietary rights) and other intellectual property (or could acquire such intellectual property upon commercially reasonable terms) necessary to conduct its business in the manner in which it is being conducted (collectively, the “Company Intellectual Property”); (ii) to the Company’s knowledge, none of the patents owned or licensed by the Company, if any, is unenforceable or invalid, and, to the Company’s knowledge, none of the patent applications owned or licensed by the Company would be unenforceable or invalid if issued as patents; (iii) the Company is not obligated to pay a royalty, grant a license, or provide other consideration to any third party in connection with the Company Intellectual Property other than as disclosed in the Prospectus and other than for in-bound “shrink-wrap” end-user licenses and similar generally available commercial end-user licenses; (iv) the Company has not received any notice of violation or conflict with rights of others with respect to the Company Intellectual Property; (v) there are no pending or, to the Company’s knowledge, threatened actions, suits, proceedings or claims by others that the Company is infringing any patent, trade secret, trade xxxxmark, service xxxxmark, copyright or other intellectual property or proprietary right; and (vi) the products or processes of the Company referenced in the Prospectus do not, to the knowledge of the Company, violate or conflict with any intellectual property or proprietary right of any third person.

Appears in 1 contract

Samples: Placement Agreement (Homeowners Choice, Inc.)

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Company Intellectual Property. Except as disclosed in the Registration Statement and Prospectus: (i) the Company owns, possesses, licenses or has other rights to use the patents and patent applications, copyrights, trademarks, service marks, trade names, technology, know-how (including trade secrets and other unpatented and/or unpatentable proprietary rights) and other intellectual property (or could acquire such intellectual property upon commercially reasonable terms) necessary to conduct its business in the manner in which it is being conducted (collectively, the “Company Intellectual Property”); (ii) to the Company’s knowledge, none of the patents owned or licensed by the Company, if any, is unenforceable or invalid, and, to the Company’s knowledge, none of the patent applications owned or licensed by the Company would be unenforceable or invalid if issued as patents; (iii) the Company is not obligated to pay a royalty, grant a license, or provide other consideration to any third party in connection with the Company Intellectual Property other than as disclosed in the Prospectus and other than for in-bound “shrink-wrap” end-user licenses and similar generally available commercial end-user licensesProspectus; (iv) the Company has not received any notice of violation or conflict with rights of others with respect to the Company Intellectual Property; (v) there are no pending or, or to the Company’s knowledge, threatened actions, suits, proceedings or claims by others that the Company is infringing any patent, trade secret, trade xxxx, service xxxx, copyright or other intellectual property or proprietary right; and (vi) the products or processes of the Company referenced in the Prospectus do not, to the knowledge of the Company, violate or conflict with any intellectual property or proprietary right of any third person.

Appears in 1 contract

Samples: Placement Agreement (Homeowners Choice, Inc.)

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