Facility Trade Names. 56 35.3 Transfer of Operational Control of the Facility................56 35.4
Facility Trade Names. If this Master Lease is terminated by reason of an Event of Default or Lessor exercises its option to purchase Lessee’s Personal Property pursuant to Section 35.1, Lessor shall be permitted to use the name(s) under which any Facility has done business during the Term (the “Facility Trade Names”); provided, however, that nothing herein shall be construed as granting Lessor any right to use the name “SunBridge” or “Sun” or “Mediplex”or “Harborside” or “Peak” any variation thereof. Lessee shall not, after any termination of this Master Lease, use any Facility Trade Name in the same market in which any of the Facilities is located in connection with any business that competes with any Facility.
Facility Trade Names. If this Lease is terminated after the occurrence of an Event of Default, Lessee shall be deemed to have assigned to Lessor the exclusive right to use the Facility Trade Names in perpetuity in the markets in which the Facilities are located, and Lessee shall not after any such termination use the Facility Trade Names in any business that competes with the Facilities.
Facility Trade Names. If this Lease is terminated pursuant to Section 16.1 or Lessor exercises its option to purchase Lessee’s Personal Property pursuant to Section 34.1, Lessee shall be deemed to have assigned to Lessor the exclusive right to use the Facility Trade Names (except for the names “CommuniCare”, any variants thereof, and any trade name which is commonly used as part of a long term marketing program among multiple facilities by Affiliates of Lessee) in perpetuity in the markets in which the Facilities are located, and Lessee shall not after any such termination use the Facility Trade Names in any business that competes with the Facilities.
Facility Trade Names. If this Lease is terminated by reason of an Event of Default, or if Landlord purchases the Tenant's Personal Property with respect to any Leased Property pursuant to Section 35.1 hereof, Landlord shall be permitted to use the Facility Trade Names under which the Leased Property conducts business in the market in which the Facility is located, and Tenant shall not after any such termination use the Facility Trade Names under which the Leased Property conducts business in any business that competes with the Leased Property.
Facility Trade Names. If this Lease is terminated pursuant to Section 16.1 or Lessor exercises its option to purchase Lessee's Personal Property pursuant to Section 34.1, Lessee shall be deemed to have assigned to Lessor the right to use the Facility Trade Names in the markets in which the Facilities are located, and Lessee shall not after any such termination use the Facility Trade Names in the same market in which any Facility is located in connection with any business that competes with such Facility provided, however, that nothing contained in this Section 34.2 grants Lessor any right to use the name "Diversicare" for any Leased Property or Facility.
Facility Trade Names. If this Lease is terminated by reason of an Event of Default, or if Landlord purchases the Tenant's Personal Property with respect to any Leased Property pursuant to Section 35.1 hereof, Landlord shall be permitted to use the Facility Trade Names (except for the names "Integrated," "IHS" and variants thereof) under which the applicable Leased Property conducts business in the market in which the applicable Facility is located, and Tenant shall not after any such termination use the Facility Trade Names under which the applicable Leased Property conducts business in any business that competes with the applicable Leased Property.
Facility Trade Names. If this Lease is terminated pursuant to Section 16.1 or Landlord acquires Tenant’s Personal Property pursuant to Section 35.1, Tenant shall be deemed to have assigned to Landlord the right to use the Facility Trade Names in the markets in which the Facilities are located, and Tenant shall not after any such termination use the Facility Trade Names in the same market in which any Facility is located in connection with any business that competes with such Facility provided, however, that nothing contained in this Section 35.2 grants Landlord any right to use the name “Diversicare”, or any derivative or trademark thereof, and any subsequent trade name adopted during the Term hereof and which is commonly used as part of a long term marketing program among multiple facilities by Tenant and Affiliates of Tenant, for any Leased Property or Facility.
Facility Trade Names. If this Lease is terminated pursuant to Section 16.1 or Lessor exercises its option to purchase Lessee's Personal Property pursuant to Section 34.1, Lessee shall be deemed to have assigned to Lessor the right to use the Facility Trade Names in the markets in which the Facilities are located, and Lessee shall not after any such termination use the Facility Trade Names in the same market in which any Facility is located in connection with any business that competes with such Facility provided, however, that nothing contained in this Section 34.2 grants Lessor any right to use the name "Diversicare" for any Leased Property or Facility.
34.3 Transfer of Operational Control of the Facilities. Lessee shall cooperate fully in transferring operational control of the Facilities to Lessor or Lessor's nominee if the Term expires without renewal or purchase by Lessee, or this Lease is terminated upon the occurrence of an Event of Default or for any other reason, and shall use its reasonable best efforts to cause the business conducted at the Facilities to continue without interruption. To that end, pending completion of the transfer of the operational control of the Facilities to Lessor or its nominee:
(i) Lessee will not terminate the employment of any employees without just cause, or change any salaries, provided, however, that without the advance written consent of Lessor Lessee may grant pre-announced wage increases of which Lessor has knowledge, increases required by written employment agreements and normal raises to non-officers at regular review dates; and Lessee will not hire any additional employees except in good faith in the ordinary course of business;
(ii) Lessee will provide all necessary information requested by Lessor or its nominee for the preparation and filing of any and all necessary applications or notifications of any federal or state governmental authority having jurisdiction over a change in the operational control of the Facilities, and any other information reasonably required to effect an orderly transfer of the Facilities, and Lessee will use its best efforts to cause all operating health care licenses to be transferred to Lessor or to Lessor's nominee;
(iii) Lessee shall use its best efforts to keep the business and organization of the Facilities intact and to preserve for Lessor or its nominee the goodwill of the suppliers, distributors, residents and others having business relations with Lessee with respect to the Facilities;
(iv) Lessee...
Facility Trade Names. If this Lease is terminated by reason of an Event of Default, or if Lessor purchases the Lessee's Personal Property with respect to any Leased Property pursuant to Section 35.1, Lessor shall be permitted to use the Facility Trade Names (except for the names "Integrated," "IHS" and variants thereof) under which the applicable Leased Property conducts business in the market in which the applicable Facility is located, and Lessee shall not after any termination use the Facility Trade Names under which the applicable Leased Property conducts business in any business that competes with the applicable Leased Property.
