Copyrights, Trademarks, etc. The Borrower and the Restricted Subsidiaries own, or, to the best of their knowledge, are licensed to use, all copyrights, trademarks, trade names, patents, technology, know-how and processes, service marks and rights with respect to the foregoing that are (a) used in or necessary for the conduct of their respective businesses as currently conducted and (b) material to the business, assets, operations, properties, prospects or condition (financial or otherwise) of the Borrower and the Restricted Subsidiaries taken as a whole. The use of such copyrights, trademarks, trade names, patents, technology, know-how and processes, service marks and rights with respect to the foregoing by the Borrower and the Restricted Subsidiaries does not infringe on the rights of any Person.
Copyrights, Trademarks, etc. The Borrower and the ---------------------------- Subsidiaries own, or are licensed to use, all copyrights, trademarks, trade names, patents, technology, know-how and processes, service marks and rights with respect to the foregoing that are (a) used in or necessary for the conduct of their respective businesses as currently conducted and (b) material to the business, assets, operations, properties, prospects or condition (financial or otherwise) of the Borrower and the Subsidiaries taken as a whole. The use of such copyrights, trademarks, trade names, patents, technology, know-how and processes, service marks and rights with respect to the foregoing by the Borrower and the Subsidiaries does not infringe in any material respect on the rights of any Person.
Copyrights, Trademarks, etc. Alamosa Delaware and the Restricted Subsidiaries own, or are licensed to use, all copyrights, trademarks, trade names, patents, technology, know-how and processes, service marks and rights with respect to the foregoing that are used in or necessary for the conduct of their respective businesses as currently conducted unless the failure to obtain such item could not reasonably be expected to result in a Material Adverse Effect. To the knowledge of any Loan Party, the use of such copyrights, trademarks, trade names, patents, technology, know-how and processes, service marks and rights with respect to the foregoing by Alamosa Delaware and the Restricted Subsidiaries does not infringe in any material respect on the rights of any Person.
Copyrights, Trademarks, etc. The Company owns or possesses adequate licenses or other rights to use all patents, patent applications, trademarks, trademark applications, service marks, service mark applications, trade names, copyrights, manufacturing processes, formulae, trade secrets, customer lists and know how (collectively, “Intellectual Property”) necessary or desirable to the conduct of its business as conducted and as proposed to be conducted, and no claim is pending or, to the best of the Company's knowledge, threatened to the effect that the operations of the Company infringe upon or conflict with the asserted rights of any other person under any Intellectual Property, and there is no basis for any such claim (whether or not pending or threatened). No claim is pending or threatened to the effect that any such Intellectual Property owned or licensed by the Company, or which the Company otherwise has the right to use, is invalid or unenforceable by the Company, and there is no basis for any such claim (whether or not pending or threatened).
Copyrights, Trademarks, etc. Except as identified on Schedule 8.9, no licenses, sublicenses, covenants or agreements have been granted or entered into by JMS or Parent in respect of any copyrights, trademarks, service marks, trade names, brand names, patents or trade secrets, used or usable in The Acquired Business. There are no copyrights, trademarks, service marks, trade names, brand names, patents or trade secrets that are not being sold to Buyer and without which the Business could not be conducted as presently conducted. Neither JMS nor Parent have been advised of any claim of infringement of any such copyright, proprietary right, trademark, service xxxx, trade name, brand name, patent or trade secret. After the Closing Date, JMS and Parent will not use or otherwise infringe upon any of the names used in The Acquired Business, including without limitation the name "X.X. Xxxxxxx Corporation" or any derivative or alteration thereof, which shall be sold, assigned and transferred to Buyer pursuant to this Agreement.
Copyrights, Trademarks, etc. To the best knowledge of DCEC and the DCEC Shareholders, except as listed on Schedule 1.16 hereto there are no claims or demands of any person, firm or corporation pertaining to the patent, patent pending, designs, copyrights, trademarks, service marks, trademark or service mark registrations or applications, label filings or trade names, xx, as the case may be, the rights of DCEC under trademarks, service marks, label filings or trade names listed in Schedule 1.1(b) as owned by DCEC, and no proceedings have been instituted, or are pending or threatened which challenge the rights of DCEC in respect thereof, and none of the issued trademarks, service marks, trademark registrations, label filings or trade names or, as the case may be, the rights granted to DCEC in respect thereof and listed in Schedule 1.1(b) as owned by DCEC, is subject to any outstanding order, decree, judgment, stipulation, injunction, restriction or agreement restricting the scope of the use of such patents, copyrights, trademarks, service marks, trademark registrations, label filings or trade names. To the best knowledge of DCEC and the DCEC Shareholders, except as listed on Schedule 1.16 hereto DCEC is not infringing or violating, and during the past five years has not infringed or violated, any adversely held copyright, trademark, service mark or trade name, nor engaged in any kind of unfair or unlawful coxxxxition nor wrongfully used any confidential information or trade secretes or patentable inventions of any former employee of DCEC or any other person, firm or corporation. DCEC is not wrongfully using any such information nor has any knowledge of any patented device or application thereof which would materially and adversely affect any aspect of the Business or its operations.
Copyrights, Trademarks, etc. The Borrower, WCI and their respective Subsidiaries own, possess or can acquire on reasonable terms, adequate trademarks, trade names and other rights to inventions, know-how, patents, copyrights, confidential information and other intellectual property (collectively, "intellectual property rights") necessary to conduct the business as now operated by them, or used in the conduct of the business as now operated by them, except to the extent that the failure to own or possess or the inability to acquire such intellectual property rights would not individually or in the aggregate have a Material Adverse Effect; and the Borrower and WCI have not received any notice of infringement of or conflict with asserted rights of others with respect to any intellectual property rights that, if determined adversely to the Borrower, WCI or any of their respective Subsidiaries, would individually or in the aggregate have a Material Adverse Effect.
Copyrights, Trademarks, etc. Except as identified on Schedule 8.8, no licenses, sublicenses, covenants or agreements have been granted or entered into by Seller in respect of any copyrights, trademarks, service marks, trade names, brand names, patents or trade secrets, used or usable in the Acquired Business. There are no copyrights, trademarks, service marks, trade names, brand names, patents or trade secrets that are not being sold to Buyer and without which the Business could not be conducted as presently conducted. Seller has not been advised of any claim of infringement of any such copyright, proprietary right, trademark, service mxxx, trade name, brand name, patent or trade secret. After the Closing Date, Seller will not use or otherwise infringe upon any of the names used in the Acquired Business which shall be sold, assigned and transferred to Buyer pursuant to this Agreement.
Copyrights, Trademarks, etc. (a) Set forth in Section 1.1(d) of the ITXC Disclosure Schedule is -------------- a list of all domestic and foreign trademarks, trademark applications, service marks, service xxxx applications, trade names and copyrights, and all applications for such, which are primarily used in connection with ITXC's eCommerce Business. To ITXC's knowledge, ITXC or its Subsidiary has a valid right to use the Intellectual Property Rights being used to conduct ITXC's eCommerce Business as now conducted (the "eCommerce Intellectual Property Rights"). Except as set forth in Section 4.6(a) of the ITXC Disclosure Schedule -------------- and except for licenses generally available to the public on reasonable commercial terms, to ITXC's knowledge, ITXC has no obligation to compensate any Person for the use of any eCommerce Intellectual Property Rights and ITXC and its Subsidiary have not granted to or assigned to any Person any license or other right to use any of the eCommerce Intellectual Property Rights or otherwise licensed from others, for use in ITXC's eCommerce Business, the Intellectual Property Rights of third parties. Except as set forth in Section ------- 4.6(a) of the ITXC Disclosure Schedule, to ITXC's knowledge, (i) no Person or ------ entity is infringing, violating or misappropriating any of the eCommerce Intellectual Property Rights and (ii) none of the activities or business conducted by ITXC's eCommerce Business infringes, violates or constitutes a misappropriation of any Intellectual Property Rights of any other person or entity and ITXC has not received notice of any such claim. To the knowledge of ITXC, none of the employees or consultants of ITXC's eCommerce Business is obligated under any contract (including licenses, covenants or commitments of any nature) or other agreement, or subject to any judgment, decree or order of any court or administrative agency, that would interfere with his or her obligations to promote the interests of ITXC's eCommerce Business.
Copyrights, Trademarks, etc. The Borrower and each of its Subsidiaries own, or are licensed to use, all copyrights, trademarks, trade names, patents, technology, know-how and processes, service marks, other intellectual property and rights with respect to the foregoing that are (a) used in or necessary for the conduct of their respective businesses as currently conducted and (b) material to the business, assets, operations, properties, prospects or condition (financial or otherwise) of the Borrower and its Subsidiaries taken as a whole. The use of such copyrights, trademarks, trade names, patents, technology, know-how and processes, service marks, other intellectual property and rights with respect to the foregoing by the Borrower and its Subsidiaries does not infringe on the rights of any Person except to the extent that, individually or in the aggregate, the same could not reasonably be expected to have a Material Adverse Effect (such representation as it relates to any of the foregoing that is licensed by the Borrower and its Subsidiaries is made to the best of their knowledge).
