Copyright Registrations. Maintain in accordance with this Section, ----------------------- valid registered, or applied for, copyrights with the United States Copyright Office constituting the Required Library. If either (a) any License Report delivered to Lender pursuant to Section 6.2 hereof demonstrates that less than ----------- the Required Library is registered with the United States Copyright Office, unless Lender shall otherwise agree in writing, within 60 days of the end of the relevant fiscal quarter to which the applicable License Report relates, or (b) Parent develops a completed product, version, upgrade, add-on, or modification which results in a change in software version number to the left of the left most decimal point (a "New Version"), unless Lender shall otherwise ----------- agree in writing, within 60 days of the date that such New Version is released generally for commercial distribution, Parent shall (i) cause additional copyrights, or, if applicable, the New Version, generated by Parent that are not already the subject of a registration with the United States Copyright Office (or an application therefor diligently prosecuted) to be registered with the United States Copyright Office in a manner sufficient to impart constructive notice of Parent's ownership thereof, such that, after giving effect to the registration with the United Stated Copyright Office, valid registered, or applied for, copyrights constituting the Required Library, or, if applicable, the New Version, have been registered with the United States Copyright Office, and (ii) cause to be prepared, executed, and delivered to Lender, with sufficient time to permit Lender to record no later than the last Business Day within 10 days following the date that such copyrights, or, if applicable, the New Version, have been registered or an application for registration has been filed, a Copyright Security Agreement or supplemental schedules to the Copyright Security Agreement reflecting the security interest of Lender in such additional copyrights or the New Version, as applicable, which supplemental schedules shall be in form and content suitable for registration with the United States Copyright Office so as to give constructive notice, when so registered, of the transfer by Parent to Lender of a security interest in such copyrights or the New Version, as applicable. Parent also shall maintain copies of all source and object code for the Required Library at safe and secure offsite locations reasonably acceptable to Lender and shall, at the request of Lender, advise the operators of such locations of Lender's security interest in such software, shall keep Lender fully informed of each such location, and shall maintain the currency of all such software stored offsite.
Appears in 1 contract
Copyright Registrations. Maintain in accordance with this Section, ----------------------- valid registered, or applied for, copyrights with the United States Copyright Office constituting the Required Library. If either (a) any License Report delivered to Lender pursuant to Section 6.2 hereof demonstrates that less than ----------- the Required Library is registered with the United States Copyright Office, unless Lender shall otherwise agree in writing, within 60 days of the end of the relevant fiscal quarter to which the applicable License Report relates, or (b) Parent develops a completed product, version, upgrade, add-on, or modification which results in a change in software version number to the left of the left most decimal point (a "New Version"), unless Lender shall otherwise ----------- agree in ----------- writing, within 60 days of the date that such New Version is released generally for commercial distribution, Parent shall (i) cause additional copyrights, or, if applicable, the New Version, generated by Parent that are not already the subject of a registration with the United States Copyright Office (or an application therefor diligently prosecuted) to be registered with the United States Copyright Office in a manner sufficient to impart constructive notice of Parent's ownership thereof, such that, after giving effect to the registration with the United Stated Copyright Office, valid registered, or applied for, copyrights constituting the Required Library, or, if applicable, the New Version, have been registered with the United States Copyright Office, and (ii) cause to be prepared, executed, and delivered to Lender, with sufficient time to permit Lender to record no later than the last Business Day within 10 days following the date that such copyrights, or, if applicable, the New Version, have been registered or an application for registration has been filed, a Copyright Security Agreement or supplemental schedules to the Copyright Security Agreement reflecting the security interest of Lender in such additional copyrights or the New Version, as applicable, which supplemental schedules shall be in form and content suitable for registration with the United States Copyright Office so as to give constructive notice, when so registered, of the transfer by Parent to Lender of a security interest in such copyrights or the New Version, as applicable. Parent also shall maintain copies of all source and object code for the Required Library at safe and secure offsite locations reasonably acceptable to Lender and shall, at the request of Lender, advise the operators of such locations of Lender's security interest in such software, shall keep Lender fully informed of each such location, and shall maintain the currency of all such software stored offsite.
Appears in 1 contract
Copyright Registrations. Maintain in accordance with this Section, ----------------------- valid registered, or applied for, copyrights with the United States Copyright Office constituting the Required Library. If either (a) any License Report delivered to Lender pursuant to Section 6.2 hereof demonstrates that No less frequently than ----------- the Required Library is registered with the United States Copyright Officemonthly, unless Lender Foothill shall otherwise agree in writing, within 60 days of the end of the relevant fiscal quarter to which the applicable License Report relates, or (b) Parent develops a completed product, version, upgrade, add-on, or modification which results in a change in software version number to the left of the left most decimal point (a "New Version"), unless Lender shall otherwise ----------- agree in writing, within 60 days of the date that such New Version is released generally for commercial distribution, Parent Borrower shall (ia) cause additional copyrights, or, if applicable, the New Version, all copyrightable materials generated by Parent Borrower (other than Exempt Copyrights) that are, in any way, related to goods or services giving rise to Eligible Accounts and that are not already the subject of a registration with the United States Copyright Office (or an application therefor diligently prosecuted) to be registered with the United States Copyright Office in a manner sufficient to impart constructive notice of ParentBorrower's ownership thereof, such that, after giving effect to the registration with the United Stated Copyright Office, valid registered, or applied for, copyrights constituting the Required Library, or, if applicable, the New Version, have been registered with the United States Copyright Office, and (iib) cause to be prepared, executed, and delivered to LenderFoothill, with sufficient time to permit Lender Foothill to record no later than the last Business Day within 10 days following the date that such copyrights, or, if applicable, the New Version, copyrightable materials have been registered or an application for registration has been filed, a Copyright Security Agreement or supplemental schedules to the Copyright Security Agreement reflecting the security interest of Lender Foothill in such additional copyrights or new copyrightable material (other than Exempt Copyrights, which, although subject to the New Versionsecurity interest of Foothill, shall not be required to be registered until 60 days after such time, if any, as applicablethey cease to be Incipient Copyrights), which supplemental schedules shall be in form and content suitable for registration with the United States Copyright Office so as to give constructive notice, when so registered, of the transfer by Parent Borrower to Lender Foothill of a security interest in such copyrights or the New Version, as applicablecopyrightable materials. Parent Borrower shall also shall maintain copies of all source and object code for the Required Library all software utilized in their business operations at safe and secure offsite locations reasonably acceptable to Lender Foothill, and shall, at the request of LenderFoothill, advise the operators of such locations of LenderFoothill's security interest in such software, shall keep Lender Foothill fully informed of each such location, and shall maintain the currency of all such software stored offsite.
Appears in 1 contract
Samples: Loan and Security Agreement (Network Computing Devices Inc)
Copyright Registrations. Maintain in accordance with this Section, ----------------------- valid registered, or applied for, copyrights with the United States Copyright Office constituting the Required Library. If either (a) any License Report delivered to Lender pursuant to Section 6.2 hereof demonstrates that No less frequently than ----------- the Required Library is registered with the United States Copyright Officemonthly, unless Lender the Agent shall otherwise agree in writing, within 60 days of the end of the relevant fiscal quarter to which the applicable License Report relates, or (b) Parent develops a completed product, version, upgrade, add-on, or modification which results in a change in software version number to the left of the left most decimal point (a "New Version"), unless Lender shall otherwise ----------- agree in writing, within 60 days of the date that such New Version is released generally for commercial distribution, Parent Borrower shall (ia) cause additional copyrights, or, if applicable, the New Version, all copyrights generated by Parent the Obligors (other than Exempt Copyrights) that are, in any way, related to goods or services giving rise to Eligible Accounts and that are not already the subject of a registration with the United States Copyright Office (or an application therefor diligently prosecuted) to be registered with the United States Copyright Office in a manner sufficient to impart constructive notice of ParentBorrower's or such other Obligor's ownership thereof, such that, after giving effect to the registration with the United Stated Copyright Office, valid registered, or applied for, copyrights constituting the Required Library, or, if applicable, the New Version, have been registered with the United States Copyright Office, and (iib) cause to be prepared, executed, and delivered to LenderAgent, with sufficient time to permit Lender Agent to record no later than the last Business Day within 10 days following the date that such copyrights, or, if applicable, the New Version, copyrights have been registered or an application for registration has been filed, a Copyright Security Agreement or supplemental schedules to the Copyright Security Agreement reflecting the security interest of Lender Agent for the benefit of the Lenders in such additional new copyrights or (other than Exempt Copyrights, which, although subject to the New Versionsecurity interest of the Agent, shall not be required to be registered until 60 days after such time, if any, as applicablethey cease to be Incipient Copyrights), which supplemental schedules shall be in form and content suitable for registration with the United States Copyright Office so as to give constructive notice, when so registered, of the transfer by Parent Borrower or such Obligor to Lender Agent of a security interest in such copyrights or the New Version, as applicablecopyrights. Parent The Obligors shall also shall maintain copies of all source and object code for the Required Library all software utilized in their business operations at safe and secure offsite locations reasonably acceptable to Lender Agent, and shall, at the request of LenderAgent, advise the operators of such locations of LenderAgent's security interest in such software, shall keep Lender Agent fully informed of each such location, and shall maintain the currency of all such software stored offsite.
Appears in 1 contract
Samples: Loan and Security Agreement (3do Co)
Copyright Registrations. Maintain in accordance with this Section, ----------------------- valid registered, or applied for, copyrights Copyrights with the United States Copyright Office constituting the Required Library. If either (a) any License Report delivered to Lender pursuant to Section 6.2 hereof demonstrates that less than ----------- the Required Library is registered with the United States Copyright Office, unless Lender shall otherwise agree in writing, within 60 days of the end of the relevant fiscal quarter to which the applicable License Report relates, or (b) Parent develops a completed product, version, upgrade, add-on, or modification which results in a change in software version number to the left of the left most decimal point (a "New Version"), unless Lender shall otherwise ----------- agree in writing, within 60 days of the date that such New Version is released generally for commercial distribution, Parent and Borrowers shall (i) cause additional copyrights, or, if applicable, the New Version, generated by Parent Copyrights that are not already the subject of a registration with the United States Copyright Office (or an application therefor diligently prosecuted) to be registered with the United States Copyright Office in a manner sufficient to impart constructive notice of Parent's or a Borrower's ownership thereof, such that, after giving effect to the registration with the United Stated Copyright Office, valid registered, or applied for, copyrights Copyrights constituting the Required Library, or, if applicable, the New Version, Library have been registered with the United States Copyright Office, and (ii) cause to be prepared, executed, and delivered to LenderAgent, with sufficient time to permit Lender Agent to record no later than the last Business Day within 10 days following the date that such copyrights, or, if applicable, the New Version, Copyrights have been registered or an application for registration has been filed, a Copyright Security Agreement or supplemental schedules to the Copyright Security Agreement reflecting the security interest of Lender in such additional copyrights or the New Version, as applicable, Copyrights which supplemental schedules shall be in form and content suitable for registration with the United States Copyright Office so as to give constructive notice, when so registered, of the transfer by Parent to Lender Agent of a security interest in such copyrights or the New Version, as applicablesuch. Parent and Borrowers also shall maintain copies of all source and object code for the Required Library at safe and secure offsite locations reasonably acceptable to Lender Agent and shall, at the request of LenderAgent, advise the operators of such locations of LenderAgent's security interest in such software, shall keep Lender Agent fully informed of each such location, and shall maintain the currency of all such software stored offsite.
Appears in 1 contract