Duties of Mortgagor. Mortgagor shall have the duty, in each case as commercially reasonable (i) to file and prosecute diligently any copyright, patent, trademark or service mxxx applications material to Mortgagor’s business and pending as of the date hereof or thereafter until the Financing Documents Termination, (ii) to make application on uncopyrighted but copyrightable works, on unpatented but patentable inventions and on trademarks and service marks, as appropriate, material to Mortgagor’s business, (iii) to preserve and maintain all rights in the Material Copyrights, Material Patents, Material Trademarks and Material Licenses and (iv) to ensure that the Material Copyrights, Material Patents, Material Trademarks and Material Licenses are and remain enforceable (subject to any statutory expirations). Any expenses incurred in connection with Mortgagor’s obligations under this Section 9 shall be borne by Mortgagor. Mortgagor shall not abandon any right to file an application with respect to a copyright, patent, trademark or service mxxx that is material to Mortgagor’s business, or abandon any material Copyright, material Patent, material Trademark or material License, without the written consent of Mortgagee. If Mortgagor fails to comply with any of the foregoing duties, Mortgagee may perform said duties in Mortgagor’s name, to the extent permitted by law. Mortgagor agrees (i) to maintain the quality of any and all products in connection with which the Material Trademarks are used, consistent with the quality of said products as of the date hereof, except to the extent that the failure to perform any of the following would not reasonably be expected to have a Material Adverse Effect (as defined in the ABL Agreement as in effect on the date hereof), and (ii) to provide Mortgagee, upon Mortgagee’s request from time to time, with a certificate of an officer of Mortgagor certifying Mortgagor’s compliance with the foregoing. Upon the occurrence and during the continuation of an Event of Default, Mortgagor agrees that Mortgagee, or a conservator appointed by Mortgagee, shall have the right to establish such additional product quality controls as Mortgagee, or said conservator, in its sole judgment exercised in a commercially reasonable manner, may deem necessary to assure maintenance of the quality of products sold by Mortgagor under the Trademarks. Mortgagor shall promptly, upon demand, reimburse and indemnify Mortgagee for all reasonable costs and expenses of Mortgagee, including...
Duties of Mortgagor. To the extent deemed necessary in the exercise of Mortgagor's reasonable business judgment, Mortgagor shall have the duty (i) to prosecute diligently any patent, trademark or service mark xxxlications pending as of the date hereof or thereafter until the Obligations shall have been paid in full, (ii) to make application on unpatented but patentable inventions and on Trademarks and service marks, as appropriate, (iii) to preserve and maintain all rights in the Patents, Trademarks and Licenses, and (iv) to ensure that the Patents, Trademarks and Licenses are and remain enforceable. Any expenses incurred in connection with Mortgagor's obligations under this Section 11 shall be borne by Mortgagor. To the extent deemed necessary in the exercise of Mortgagor's reasonable business judgment, Mortgagor shall not abandon any right to file a Patent, Trademark or service mark xxxlication, or abandon any pending patent application, or any other Patent, Trademark or License without the written consent of Mortgagee.
Duties of Mortgagor. Mortgagor will observe and perform all covenants and conditions to be observed or performed by the lessor under the Leases and enforce the observance and performance of the Leases by the lessees. Mortgagor will not cancel, surrender, terminate, or materially alter, amend or modify any Leases, release any party liable thereunder or consent to the assignment of the interests of any lessees without the prior written consent of Mortgagee which consent will not be unreasonably withheld; and Mortgagee will be deemed to have consented to any such items if Mortgagee fails to object thereto within 5 days of receipt of a written request for Mortgagee's consent.
Duties of Mortgagor. Where commercially reasonable and cost effective as to Mortgagor, unless otherwise consented to by Mortgagee in writing, Mortgagor shall have the duty (i) to file and prosecute any trademark or service xxxx applications pending as of the date hereof or hereafter until Mortgagor's Liabilities shall have been paid in full, and (ii) to preserve and maintain all rights in the Patents, Trademarks and Licenses. Any expenses incurred in connection with Mortgagor's obligations under this Section 9 shall be borne by Mortgagor. Mortgagor shall not abandon any right to file a patent, trademark or service xxxx application, or abandon any pending patent, trademark or service xxxx application or any other Patent, Trademark or License.
Duties of Mortgagor. Mortgagor shall have the duty (i) to preserve and maintain all rights in the Patents and Trademarks, and (ii) to ensure that the Patents and Trademarks are and remain enforceable. Any expenses incurred in connection with Mortgagor's obligations under this Section 10 shall be borne by Mortgagor. Mortgagor shall not abandon any right to file a patent, trademark or service mark application, or abandon axx xending patent application, or any other Patent or Trademark without the consent of Mortgagee.
Duties of Mortgagor. Mortgagor shall have the duty (a) to file and prosecute diligently any patent, trademark, service mark xxx copyright applications pending as of the date hereof or hereafter until Mortgagor's Obligations shall have been paid in full and the Loan Agreements have been terminated, (b) upon the request of Mortgagee, to make application on unpatented but patentable inventions and on trademarks and service marks, (c) to preserve and maintain all rights in the Patents, Trademarks, Copyrights and Licenses, and (d) to ensure that the Patents, Trademarks and Licenses are and remain enforceable. Any expenses incurred in connection with Mortgagor's obligations under this Section 10 shall be borne by Mortgagor.
Duties of Mortgagor. Mortgagor shall have the duty (i) to prosecute diligently any material patent, trademark or service mark applications pendxxx as of the date hereof or thereafter until the Obligations shall have been paid in full, (ii) to make application on unpatented but patentable inventions and on trademarks and service marks, as appropriate, and to the extent commercially reasonable, (iii) to preserve and maintain all rights in the Patents, Trademarks and Licenses, and (iv) to ensure that the Patents, Trademarks and Licenses are and remain enforceable. Any expenses incurred in connection with Mortgagor's obligations under this Section 11 shall be borne by Mortgagor. Mortgagor shall not abandon any right to file a patent, trademark or service mark application, or axxxxon any pending patent application, or any other Patent, Trademark or License without the consent of Mortgagee, except as may be commercially reasonable.
