Common use of Covenants Relating to Patents and Trademarks Clause in Contracts

Covenants Relating to Patents and Trademarks. (i) Except in connection with a Disposition permitted under Section 8.05 of the Credit Agreement or to the extent that failure to so act or refrain from acting could not reasonably be expected to have a Material Adverse Effect (A) continue to use each registered Trademark on each and every trademark class of goods applicable to its current line as reflected in its current catalogs, brochures and price lists in order to maintain such Trademark in full force free from any claim of abandonment for non-use, (B) maintain as in the past the quality of products and services offered under such Trademark, (C) employ such Trademark with the appropriate notice of registration, (D) not adopt or use any xxxx that is confusingly similar or a colorable imitation of such Trademark unless the Administrative Agent, for the ratable benefit of the holders of the Secured Obligations, shall obtain a perfected security interest in such xxxx pursuant to this Security Agreement and (E) not (and not permit any licensee or sublicensee thereof to) do any act or knowingly omit to do any act whereby any Trademark may become invalidated.

Appears in 2 contracts

Samples: Security Agreement (Fti Consulting Inc), Security Agreement (Fti Consulting Inc)

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Covenants Relating to Patents and Trademarks. (i) Except in connection with a Disposition permitted under Section 8.05 With respect to each material Trademark of the Credit Agreement or to the extent that failure to so act or refrain from acting could not reasonably be expected to have a Material Adverse Effect such Grantor, (A) continue to use each registered such Trademark on each and every trademark class of goods applicable to its current line as reflected in its current catalogs, brochures and price lists in order to maintain such Trademark in full force free from any claim of abandonment for non-use, unless such Grantor determines, in its reasonable business judgment, that such Trademark is no longer necessary or appropriate for use in its business, (B) maintain as in the past the quality of products and services offered under such Trademark, (C) employ such Trademark with the appropriate notice of registration, if registered, (D) not adopt or use any xxxx mxxx that is confusingly similar or a colorable imitation of such Trademark unless the Administrative Agent, for the ratable benefit of the holders of the Secured Obligations, shall obtain a perfected security interest in such xxxx mxxx pursuant to this Security Agreement Agreement, and (E) not (and not permit any licensee or sublicensee thereof to) do any act or knowingly omit to do any act whereby any such Trademark may become invalidated.

Appears in 1 contract

Samples: Security Agreement (Orbital Sciences Corp /De/)

Covenants Relating to Patents and Trademarks. (i) Except in connection with a Disposition permitted under Section 8.05 of the Credit Agreement or to the extent that the failure to do so act or refrain from acting could would not reasonably be expected to have a Material Adverse Effect and such Obligor has a valid business purpose therefor, (A) continue to use each registered Trademark on each and every trademark class of goods applicable to its current line as reflected in its current catalogs, brochures and price lists in order to maintain such Trademark in full force free from any claim of abandonment for non-use, (B) maintain as in the past the quality of products and services offered under such Trademark, (C) employ such Trademark with the appropriate notice of registration, (D) not adopt or use any xxxx that mark which is confusingly similar or a colorable imitation imxxxxion of such Trademark unless the Administrative Agent, for the ratable benefit of the holders of the Secured ObligationsLenders, shall obtain a perfected security interest in such xxxx mark pursuant to this Security Agreement Agreement, and (E) not (and not permit any licensee or sublicensee thereof to) do any act or knowingly omit to do any act whereby any Trademark may become invalidated.

Appears in 1 contract

Samples: Credit Agreement (Signal Medical Services)

Covenants Relating to Patents and Trademarks. (i) Except Other than as excluded or as not prohibited herein or in connection with a Disposition permitted under Section 8.05 of the Credit Agreement Agreement, or with respect to Patents or Trademarks which are no longer used or useful in the extent that applicable Obligor’s business operations or except where failure to do so act or refrain from acting could not would not, as deemed by the applicable Obligor in its reasonable business judgment, reasonably be expected to have a Material Adverse Effect (A) continue to use each registered Trademark on each and every trademark class Trademark, which any Obligor reasonably determines is material to the conduct of goods applicable to its current line as reflected in its current catalogsbusiness, brochures and price lists in order to maintain such Trademark in full force free from any claim of abandonment for non-use, (B) maintain as in the past the quality of products and services offered under such Trademark, (C) employ such Trademark with the appropriate notice of registration, (D) not adopt or use any xxxx that which is confusingly similar or a colorable imitation of such Trademark unless the Administrative Agent, for the ratable benefit of the holders of the Secured ObligationsParties, shall obtain a perfected security interest in such xxxx pursuant to this Security Agreement Agreement, and (E) not (and not permit any licensee or sublicensee thereof to) do any act or knowingly omit to do any act whereby any such Trademark may become invalidated.

Appears in 1 contract

Samples: Security Agreement (Pantry Inc)

Covenants Relating to Patents and Trademarks. (i) Except in connection with a Disposition permitted under Section 8.05 of the Credit Agreement or to the extent that the failure to do so act or refrain from acting could would not reasonably be expected to have a Material Adverse Effect and such Obligor has a valid business purpose therefor, (A) continue to use each registered Trademark on each and every trademark class of goods applicable to its current line as reflected in its current catalogs, brochures and price lists in order to maintain such Trademark in full force free from any claim of abandonment for non-use, (B) maintain as in the past the quality of products and services offered under such Trademark, (C) employ such Trademark with the appropriate notice of registration, (D) not adopt or use any xxxx that mark which is confusingly similar or a colorable imitation imitaxxxx of such Trademark unless the Administrative Agent, for the ratable benefit of the holders of the Secured ObligationsLenders, shall obtain a perfected security interest in such xxxx mark pursuant to this Security Agreement Agreement, and (E) not (and xxx not permit any licensee or sublicensee thereof to) do any act or knowingly omit to do any act whereby any Trademark may become invalidated.

Appears in 1 contract

Samples: Credit Agreement (Jw Childs Equity Partners Ii Lp)

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Covenants Relating to Patents and Trademarks. (i) Except in connection with a Disposition permitted under Section 8.05 of the Credit Agreement or to the extent that failure to so act or refrain from acting could not reasonably be expected to have a Material Adverse Effect Effect, (A) continue to use each registered Trademark on each and every trademark class of goods applicable to its current line as reflected in its current catalogs, brochures and price lists in order to maintain such Trademark in full force free from any claim of abandonment for non-use, (B) maintain as in the past the quality of products and services offered under such Trademark, (C) employ such Trademark with the appropriate notice of registration, (D) not adopt or use any xxxx that is confusingly similar or a colorable imitation of such Trademark unless the Administrative Agent, for the ratable benefit of the holders of the Secured Obligations, shall obtain a perfected security interest in such xxxx pursuant to this Security Agreement Agreement, and (E) not (and not permit any licensee or sublicensee thereof to) do any act or knowingly omit to do any act whereby any Trademark may become invalidated.

Appears in 1 contract

Samples: Security Agreement (Fti Consulting Inc)

Covenants Relating to Patents and Trademarks. (i) Except in connection with a Disposition permitted under Section 8.05 of the Credit Agreement or to the extent that failure to so act or refrain from acting could not reasonably be expected to have a Material Adverse Effect (A) Except as otherwise permitted by the Credit Agreement, continue to use each registered Trademark on each and every trademark class of goods applicable to its current line that would constitute Material Intellectual Property in such a manner as reflected in its current catalogs, brochures and price lists in order to maintain such Trademark in full force free from any claim of abandonment for non-use, (B) maintain as in the past use its best efforts to control the quality of products and services offered under such Trademark by licensees of the Trademark, (C) employ such Trademark with the appropriate notice of registrationregistration or notice of trademark, as applicable, sufficient to protect such Trademark, (D) not adopt or use any xxxx that mark xxxch is confusingly similar or a colorable imitation of such Trademark unless the Administrative Collateral Agent, for the ratable benefit of the holders of the Secured ObligationsLenders, shall obtain a perfected security interest in such xxxx mark pursuant to this Security Agreement Agreement, and (E) except as otherwise permitted by the Credit Agreement, not (and not permit any licensee or sublicensee thereof to) do any act or knowingly omit to do any act whereby any such Trademark may become invalidated.

Appears in 1 contract

Samples: Security Agreement (Ivex Packaging Corp /De/)

Covenants Relating to Patents and Trademarks. (i) Except in connection with a Disposition permitted under Section 8.05 of the Credit Agreement or to the extent that failure to so act or refrain from acting could not reasonably be expected to have a Material Adverse Effect (A) continue Continue to use each registered Trademark on each and every trademark class of goods applicable to its current line as reflected in its current catalogs, brochures and price lists in order to maintain such registered Trademark in full force free from any claim of abandonment for non-useuse unless Grantor determines that such registered Trademark is no longer necessary for the conduct of its business, (B) maintain as in the past the quality of products and services offered under such registered Trademark unless the Grantor ceases to use such registered Trademark, (C) employ such registered Trademark with the appropriate notice of registration, (D) not adopt or use any xxxx that is confusingly similar or a colorable imitation of such registered Trademark unless the Administrative Collateral Agent, for the ratable benefit of the holders of the Secured Obligations, shall obtain a perfected security interest in such xxxx pursuant to this Security Agreement Agreement, and (E) not (and not permit any licensee or sublicensee thereof to) do any act or knowingly omit to do any act whereby any registered Trademark may become invalidatedinvalidated unless Grantor determines that such registered Trademark is no longer necessary for the conduct of its business.

Appears in 1 contract

Samples: Security Agreement (Ptek Holdings Inc)

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