Common use of Consultant/Licensor Clause in Contracts

Consultant/Licensor. Consultant/Licensor represents, warrants and covenants that it is a corporation duly formed, existing and in good standing under the laws of the state of its incorporation, with full right, power and authority to enter into and perform this Agreement, and the execution and performance of this Agreement does not conflict with or violate any agreement to which it is a party, any court order to which it is subject, or any of its organizational documents. Consultant/Licensor further represents, warrants and covenants that (i) it is an investment adviser federally registered or exempt from registration under the Investment Advisers Act of 1940, as amended, and any applicable state statutes, (ii) the Strategy, Intellectual Property and Consultant/Licensor Marks are the exclusive property of Consultant/Licensor and (iii) neither the selection of Appropriate Securities pursuant to the Strategy nor the Intellectual Property or the License granted pursuant to this Agreement infringes or otherwise violates any third-party’s intellectual property rights or other proprietary rights.

Appears in 17 contracts

Samples: Support and License Agreement (Guggenheim Defined Portfolios, Series 2404), Support and License Agreement (Guggenheim Defined Portfolios, Series 2404), Portfolio Support and License Agreement (Guggenheim Defined Portfolios, Series 2397)

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Consultant/Licensor. Consultant/Licensor represents, warrants and covenants that it is a corporation limited liability company duly formed, existing and in good standing under the laws of the state of its incorporationorganization, with full right, power and authority to enter into and perform this Agreement, and the execution and performance of this Agreement does not conflict with or violate any agreement to which it is a party, any court order to which it is subject, or any of its organizational documents. Consultant/Licensor further represents, warrants and covenants that (i) it is an investment adviser federally registered or exempt from registration under the Investment Advisers Act of 1940, as amended, and any applicable state statutes, (iiiii) the Strategy, Intellectual Property and Consultant/Licensor Marks are the exclusive property of Consultant/Licensor and (iiiiv) neither the selection of Appropriate Securities pursuant to the Strategy nor the Intellectual Property or the License granted pursuant to this Agreement infringes or otherwise violates any third-party’s intellectual property rights or other proprietary rights.

Appears in 13 contracts

Samples: Portfolio Support and License Agreement (Guggenheim Defined Portfolios, Series 2415), Portfolio Support and License Agreement (Guggenheim Defined Portfolios, Series 2368), Portfolio Support and License Agreement (Guggenheim Defined Portfolios, Series 2367)

Consultant/Licensor. Consultant/Licensor represents, warrants and covenants that it is a corporation duly formed, existing and in good standing under the laws of the state of its incorporation, with full right, power and authority to enter into and perform this Agreement, and the execution and performance of this Agreement does not conflict with or violate any agreement to which it is a party, any court order to which it is subject, or any of its organizational documents. Consultant/Licensor further represents, warrants and covenants that (i) it is an investment adviser federally registered or exempt from registration under the Investment Advisers Act of 1940, as amended, and any applicable state statutes, (iiiii) the Strategy, Intellectual Property and Consultant/Licensor Marks are the exclusive property of Consultant/Licensor and (iiiiv) neither the selection of Appropriate Securities pursuant to the Strategy nor the Intellectual Property or the License granted pursuant to this Agreement infringes or otherwise violates any third-party’s 's intellectual property rights or other proprietary rights.

Appears in 12 contracts

Samples: Portfolio Support and License Agreement (Guggenheim Defined Portfolios, Series 1949), Support and License Agreement (Guggenheim Defined Portfolios, Series 1883), Portfolio Support and License Agreement (Guggenheim Defined Portfolios, Series 1750)

Consultant/Licensor. Consultant/Licensor represents, warrants and covenants that it is a corporation duly formed, existing and in good standing under the laws of the state of its incorporation, with full right, power and authority to enter into and perform this Agreement, and the execution and performance of this Agreement does not conflict with or violate any agreement to which it is a party, any court order to which it is subject, or any of its organizational documents. Consultant/Licensor further represents, warrants and covenants that (i) it is an investment adviser federally registered or exempt from registration under the Investment Advisers Act of 1940, as amended, and any applicable state statutes, (ii) the Strategy, Intellectual Property and Consultant/Licensor Marks are the exclusive property of Consultant/Licensor and (iii) neither the selection of Appropriate Securities pursuant to the Strategy nor the Intellectual Property or the License granted pursuant to this Agreement infringes or otherwise violates any third-party’s 's intellectual property rights or other proprietary rights.

Appears in 5 contracts

Samples: Portfolio Support and License Agreement (Guggenheim Defined Portfolios, Series 1951), Support and License Agreement (Guggenheim Defined Portfolios, Series 1890), Support and License Agreement (Guggenheim Defined Portfolios, Series 1825)

Consultant/Licensor. Consultant/Licensor represents, warrants and covenants that it is a corporation duly formed, existing and in good standing under the laws of the state of its incorporation, with full right, power and authority to enter into and perform this Agreement, and the execution and performance of this Agreement does not conflict with or violate any agreement to which it is a party, any court order to which it is subject, or any of its organizational documents. Consultant/Licensor further represents, warrants and covenants that (i) it is an investment adviser federally registered or exempt from registration under the Investment Advisers Act of 1940, as amended, and any applicable state statutes, (iiiii) the Strategy, Intellectual Property and Consultant/Licensor Marks are the exclusive property of Consultant/Licensor and and, (iiiiv) neither the selection of Appropriate Securities pursuant to the Strategy nor the Intellectual Property or the License granted pursuant to this Agreement infringes or otherwise violates any third-party’s 's intellectual property rights or other proprietary rights.

Appears in 3 contracts

Samples: Portfolio Support and License Agreement (Guggenheim Defined Portfolios, Series 2062), Portfolio Support and License Agreement (Guggenheim Defined Portfolios, Series 2010), Portfolio Support and License Agreement (Guggenheim Defined Portfolios, Series 1938)

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Consultant/Licensor. Consultant/Licensor represents, warrants and covenants that it is a corporation limited liability company duly formed, existing and in good standing under the laws of the state of its incorporationorganization, with full right, power and authority to enter into and perform this Agreement, and the execution and performance of this Agreement does not conflict with or violate any agreement to which it is a party, any court order to which it is subject, or any of its organizational documents. Consultant/Licensor further represents, warrants and covenants that (i) it is an investment adviser federally registered or exempt from registration under the Investment Advisers Act of 1940, as amended, and any applicable state statutes, (ii) the Strategy, Intellectual Property and Consultant/Licensor Marks are the exclusive property of Consultant/Licensor and (iii) neither the selection of Appropriate Selected Securities pursuant to the Strategy nor the Intellectual Property or the License granted pursuant to this Agreement infringes or otherwise violates any third-party’s intellectual property rights or other proprietary rights.

Appears in 2 contracts

Samples: And License Agreement (Guggenheim Defined Portfolios, Series 2315), License Agreement (Guggenheim Defined Portfolios, Series 2068)

Consultant/Licensor. Consultant/Licensor represents, warrants and covenants that it is a corporation limited liability company duly formed, existing and in good standing under the laws of the state State of its incorporationIllinois, with full right, power and authority to enter into and perform this Agreement, and the execution and performance of this Agreement does not conflict with or violate any agreement to which it is a party, any court order to which it is subject, or any of its organizational documents. Consultant/Licensor further represents, warrants and covenants that (i) it is an investment adviser federally registered or exempt from registration under the Investment Advisers Act of 1940, as amended, and any applicable state statutes, (iiiii) the Strategy, Intellectual Property and Consultant/Licensor Marks are the exclusive property of Consultant/Licensor and (iiiiv) neither the selection of Appropriate Securities pursuant to the Strategy nor the Intellectual Property or the License granted pursuant to this Agreement infringes or otherwise violates any third-party’s 's intellectual property rights or other proprietary rights.

Appears in 1 contract

Samples: Support and License Agreement (Millington Unit Investment Trusts, Series 3)

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