Common use of Duties of Mortgagor Clause in Contracts

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 reasonable attorney’s fees and expenses so incurred by Mortgagee, in the exercise of its rights under this Section 9.

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 xxxx applications material to Mortgagor’s 's business and pending as of the date hereof or thereafter until the Financing Documents Indenture 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 '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 '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 xxxx that is material to Mortgagor’s '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 '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)Effect, and (ii) to provide Mortgagee, upon Mortgagee’s 's request from time to time, with a certificate of an officer of Mortgagor certifying Mortgagor’s '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 reasonable attorney’s 's fees and expenses so incurred by Mortgagee, in the exercise of its rights under this Section 9.

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 mark applications material to Mortgagor’s 's business and pending as of the date hereof or thereafter until the Financing Documents Indenture and Security Agreement 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 '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)enforceable. Any expenses incurred in connection with Mortgagor’s 's obligations under this Section 9 shall be borne by Mortgagorbx Xxxxxxxor. Mortgagor shall not abandon any right to file an application with respect to a copyright, patent, trademark or service mxxx mark that is material to Mortgagor’s 's business, or abandon any material Material Copyright, material Material Patent, material Material Trademark or material Material License, without the written consent of Mortgagee. If Subject to the terms of the Intercreditor Agreement and the last paragraph of Section 2 hereof, if Mortgagor fails to comply with any of the foregoing duties, Mortgagee Mxxxxxxxx may perform said duties in Mortgagor’s 's name, to the extent permitted by law. Mortgagor agrees (i) to axxxxx xx maintain the quality of any and all products in connection produxxx xx xxnnection 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 Effect. Subject to the ABL terms of the Intercreditor Agreement as in effect on and the date last paragraph of Section 2 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 Mortgageebx Xxxxxxxee, 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 demandupox xxxxxx, reimburse and indemnify Mortgagee for all reasonable costs and expenses of Mortgagee, including reasonable attorney’s 's fees and expenses so incurred by Mortgagee, in the exercise of its rights under this Section 9.