Confirmation of Grant of Security. The Grantor hereby acknowledges and confirms the grant of a security interest to the Administrative Agent for the ratable benefit of the Secured Parties under the Security Agreement and the IP Security Agreement in and to all of the Grantor's right, title and interest in and to the following (the "ADDITIONAL COLLATERAL"): (i) The United States, international, and foreign patents, patent applications, and patent licenses set forth in Schedule A hereto, together with all reissues, divisions, continuations, continuations-in-part, extensions and reexaminations thereof, and all rights therein provided by international treaties or conventions (the "PATENTS"); (ii) The United States and foreign trademark and service mark registrations, applications (other than any United States intent-to-use trademark application prior to the filing and acceptance of a Statement of Use or an Amendment to Allege Use in connection therewith to the extent that a valid security interest may not be taken in such intent-to-use trademark application under applicable law), and licenses set forth in Schedule B hereto together with all goodwill of the business connected therewith and symbolized thereby and all rights corresponding thereto throughout the world and all other rights of any kind whatsoever pertaining thereto (the "TRADEMARKS"); (iii) The copyrights, United States and foreign copyright registrations and applications and copyright licenses set forth in Schedule C hereto (the "COPYRIGHTS"); (iv) any and all claims for damages for past, present and future infringement, misappropriation or breach with respect to the Patents, Trademarks and Copyrights, with the right, but not the obligation, to sue xxx and collect, or otherwise recover, such damages; and (v) any and all proceeds of the foregoing.
Appears in 1 contract
Confirmation of Grant of Security. The Grantor hereby --------------------------------- acknowledges and confirms the grant of a security interest to the Administrative Collateral Agent for the ratable benefit of the Secured Parties under the Security Agreement and the IP Security Agreement in and to all of the Grantor's right, title and interest in and to the following (the "ADDITIONAL COLLATERALAdditional Collateral"):
(i) The United States, international, and foreign patents, patent applications, and patent licenses set forth in Schedule A hereto, together with all reissues, divisions, continuations, continuations-in-part, extensions and reexaminations thereof, and all rights therein provided by international treaties or conventions (the "PATENTSPatents");
(ii) The United States and foreign trademark and service mark registrations, applications applications, and licenses set forth xx Schedule B hereto (other than but excluding any United States intent-to-use trademark application prior to the filing and acceptance of a Statement of Use or an Amendment to Allege Use in connection therewith to the extent that that, and solely during the period in which, the grant of a valid security interest may not be taken in therein impairs the validity or enforceability of such intent-to-use trademark application applications under applicable federal law), and licenses set forth in Schedule B hereto together with all the goodwill of the business connected therewith and symbolized thereby and renewals and extensions of the foregoing, and all rights corresponding thereto throughout the world and all other rights of any kind whatsoever pertaining thereto therein provided by international treaties or conventions (the "TRADEMARKSTrademarks");
(iii) The all copyrights, whether registered or unregistered, including, without limitation, the United States and foreign copyright registrations and applications and copyright licenses set forth in Schedule C hereto (the "COPYRIGHTSCopyrights");
(iv) any and all claims for damages for past, present and future infringement, misappropriation misappropriation, violation, misuse or breach with respect to any of the Patents, Trademarks and Copyrightsforegoing, with the right, but not the obligation, to sue xxx for and collect, or otherwise recover, such damages; andxxd
(v) any and all proceeds of the foregoing.
Appears in 1 contract
Samples: Security Agreement (Davita Inc)
Confirmation of Grant of Security. The Grantor Debtor hereby acknowledges and confirms the grant of a security interest to the Administrative Agent for the ratable benefit of the Secured Parties Party under the Security Agreement and the IP Security Agreement in and to all of the GrantorDebtor's right, title and interest in and to the following (the "ADDITIONAL COLLATERALAdditional Collateral"):
(i) The all United States, international, international and foreign patents, patent applications, and patent licenses set forth in Schedule A hereto, together with all reissues, divisions, continuations, continuations-in-part, extensions and reexaminations thereof, and all rights therein provided by international treaties or conventions (the "PATENTSPatents");
(ii) The all United States States, international and foreign trademark and trademarks, service mark registrations, applications applicationx, and licenses set forth in Schedule B hereto (other than but excluding any United States intent-to-use trademark application prior to the filing and acceptance of a Statement of Use or an Amendment to Allege Use in connection therewith to the extent that that, and solely during the period in which, the grant of a valid security interest may not be taken in therein impairs the validity or enforceability of such intent-to-use trademark application applications under applicable federal law), and licenses set forth in Schedule B hereto together with all the goodwill of the business connected therewith and symbolized thereby and renewals and extensions of the foregoing, and all rights corresponding thereto throughout the world and all other rights of any kind whatsoever pertaining thereto therein provided by international treaties or conventions (the "TRADEMARKSTrademarks");
(iii) The all United States, international and foreign copyrights, whether registered or unregistered, including, without limitation, the United States and foreign copyright registrations and applications and copyright licenses set forth in Schedule C hereto (the "COPYRIGHTSCopyrights");
(iv) any and all claims for damages for past, present and future infringement, misappropriation misappropriation, violation, misuse or breach with respect to any of the Patents, Trademarks and Copyrightsforegoing, with the right, but not the obligation, to sue xxx for and collect, or otherwise otherwixx recover, such damages; and
(v) any and all proceeds Proceeds and products of any of the foregoing.
Appears in 1 contract
Confirmation of Grant of Security. The Grantor hereby --------------------------------- acknowledges and confirms the grant of a security interest to the Administrative Collateral Agent for the ratable benefit of the Secured Parties under the Security Agreement and the IP Security Agreement in and to all of the Grantor's right, title and interest in and to the following (the "ADDITIONAL COLLATERALAdditional Collateral"):
(i) The United States, international, and foreign patents, patent applications, and patent licenses set forth in Schedule A hereto, together with all reissues, divisions, continuations, continuations-in-part, extensions and reexaminations thereof, and all rights therein provided by international treaties or conventions (the "PATENTSPatents");
(ii) The United States and foreign trademark and service mark registrations, applications applications, and licenses set forth in Xxxedule B hereto (other than but excluding any United States intent-to-use trademark application prior to the filing and acceptance of a Statement of Use or an Amendment to Allege Use in connection therewith to the extent that that, and solely during the period in which, the grant of a valid security interest may not be taken in therein impairs the validity or enforceability of such intent-to-use trademark application applications under applicable federal law), and licenses set forth in Schedule B hereto together with all the goodwill of the business connected therewith and symbolized thereby and renewals and extensions of the foregoing, and all rights corresponding thereto throughout the world and all other rights of any kind whatsoever pertaining thereto therein provided by international treaties or conventions (the "TRADEMARKSTrademarks");
(iii) The all copyrights, whether registered or unregistered, including, without limitation, the United States and foreign copyright registrations and applications and copyright licenses set forth in Schedule C hereto (the "COPYRIGHTSCopyrights");
(iv) any and all claims for damages for past, present and future infringement, misappropriation misappropriation, violation, misuse or breach with respect to any of the Patents, Trademarks and Copyrightsforegoing, with the right, but not the obligation, to sue xxx for and collect, or otherwise recover, such damages; andanx
(v) any and all proceeds of the foregoing.
Appears in 1 contract
Samples: Security Agreement (Davita Inc)