Common use of Grant and Reaffirmation of Grant of Security Interests Clause in Contracts

Grant and Reaffirmation of Grant of Security Interests. To secure the payment and performance of the Liabilities, Grantor hereby grants to Grantee, for its benefit and the benefit of Purchasers, and hereby reaffirms its prior grant pursuant to the Security Agreement of, a continuing security interest in Grantor’s entire right, title and interest in and to the following (all of the following items or types of property being herein collectively referred to as the “Trademark Collateral”), whether now owned or existing or hereafter created, acquired or arising: (a) each Trademark, Trademark registration and Trademark application, including, without limitation, the Trademarks, Trademark registrations (together with any reissues, continuations or extensions thereof) and Trademark applications referred to in Schedule 1 annexed hereto, and all of the goodwill of the business connected with the use of, and symbolized by, each Trademark, Trademark registration and Trademark application; (b) each Trademark license and all of the goodwill of the business connected with the use of, and symbolized by, each Trademark license; and (c) all products and proceeds of the foregoing, including without limitation, any claim by Grantor against third parties for past, present or future (a) infringement or dilution of any Trademark or Trademark registration including, without limitation, the Trademarks and Trademark registrations referred to in Schedule 1 annexed hereto, the Trademark registrations issued with respect to the Trademark applications referred in Schedule 1 and the Trademarks licensed under any Trademark license, or (b) injury to the goodwill associated with any Trademark, Trademark registration or Trademark licensed under any Trademark license. This security interest is granted in conjunction with the security interests granted to Grantee pursuant to the Security Agreement and is not intended to increase the rights of Grantee or the obligations of Grantor beyond the rights and obligations contained in the Security Agreement. Grantor hereby acknowledges and affirms that the rights and remedies of Grantee with respect to the security interest in the Trademark Collateral made and granted hereby are more fully set forth in the Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein. In the event of any conflict between any provision of this Trademark Security Agreement and the Security Agreement, the Security Agreement shall govern.

Grant and Reaffirmation of Grant of Security Interests. To secure the payment and performance of the LiabilitiesObligations and each Grantor's obligations under the Guaranty, each Grantor hereby grants to Grantee, for its benefit and the benefit of PurchasersLenders, and hereby reaffirms affirms its prior grant pursuant to the Security Agreement of(which grant shall be deemed to have been made simultaneously herewith) of a lien on, a continuing and security interest in Grantor’s entire in, any and all right, title and interest in and to the following (all of the following items or types of property being herein collectively referred to as the “Trademark "Copyright Collateral”"), whether now owned or existing or hereafter created, acquired or arising: (ai) each Trademarkany copyrights, Trademark registration copyright registrations and Trademark applicationcopyright applications, including without limitation, the United States federal copyright registrations and applications set forth on Schedule A hereto, and all renewals and extensions of any of the foregoing; (ii) all income, damages and payments now and hereafter due or payable with respect thereto, including, without limitation, the Trademarks, Trademark registrations (together with any reissues, continuations damages and payments for past or extensions future infringements thereof) and Trademark applications referred to in Schedule 1 annexed hereto, and all of the goodwill of the business connected with the use of, and symbolized by, each Trademark, Trademark registration and Trademark application; (biii) each Trademark license and all licenses of any of the goodwill of foregoing to or from third parties and the business connected with royalties and other payments, if any, receivable thereunder; (iv) the use ofright to sue for past, present and symbolized by, each Trademark licensefuture infringements thereof; (v) all rights corresponding thereto throughout the world; and (cvi) all Proceeds and products and proceeds of the foregoing. Notwithstanding the foregoing, including without limitationthe Copyright Collateral shall not include any General Intangibles or other rights arising under any contracts, any claim by Grantor against third parties for pastinstruments, present licenses or future other documents to the extent that the grant of a Lien or security interest therein would (a) infringement result in a breach of the terms of, or dilution constitute a default under, such contract, instrument, license, agreement or other document (other than to the extent that any such term would be rendered ineffective pursuant to Sections 9-406, 9-407 or 9-408 of the Uniform Commercial Code or any successor provision of the Uniform Commercial Code of any Trademark relevant jurisdiction or Trademark registration including, without limitation, the Trademarks and Trademark registrations referred to in Schedule 1 annexed hereto, the Trademark registrations issued with respect to the Trademark applications referred in Schedule 1 and the Trademarks licensed under any Trademark license, other applicable law) or (b) injury give any other party to such contract, instrument, license or other document the goodwill associated with any Trademark, Trademark registration or Trademark licensed under any Trademark license. This security interest is granted right to terminate its obligations thereunder pursuant to a valid and enforceable provision (including without limitation in conjunction connection with the security interests granted to Grantee pursuant to operation of Section 9-406, 9-407 or 9-408 of the Security Agreement and is not intended to increase the rights of Grantee Uniform Commercial Code or the obligations of Grantor beyond the rights and obligations contained in the Security Agreement. Grantor hereby acknowledges and affirms that the rights and remedies of Grantee with respect to the security interest in the Trademark Collateral made and granted hereby are more fully set forth in the Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein. In the event of any conflict between any provision of this Trademark Security Agreement and the Security Agreement, the Security Agreement shall governother applicable law).

Grant and Reaffirmation of Grant of Security Interests. To secure the payment and performance of PEI's obligations under the LiabilitiesNotes and the Indenture and each Grantor's obligations under the Indenture, each Grantor hereby grants to Grantee, for its benefit and the benefit of PurchasersHolders, and hereby reaffirms affirms its prior grant pursuant to the Security Agreement of(which grant shall be deemed to have been made simultaneously herewith) of a lien on, a continuing and security interest in Grantor’s entire in, any and all right, title and interest in and to the following (all of the following items or types of property being herein collectively referred to as the “"Trademark Collateral”"; provided that Trademark Collateral will not include "intent to use" trademark applications unless Grantor has used such trademarks and has filed a statement of use or amendment to allege use with respect to such application), whether now owned or existing or hereafter created, acquired or arising: (ai) each Trademarkany trademarks, Trademark registration and Trademark application, including, without limitation, the Trademarks, Trademark registrations (together with any reissues, continuations or extensions thereof) and Trademark applications referred to in Schedule 1 annexed heretotrademark registrations, and all of the goodwill of the business connected with the use oftrademark applications, trade names and symbolized bytrade styles, each Trademarkservice marks, Trademark registration service registrations and Trademark application; (b) each Trademark license and all of the goodwill of the business connected with the use of, and symbolized by, each Trademark license; and (c) all products and proceeds of the foregoingservice mark applications, including without limitation, any claim by Grantor against third parties for pastthe United Xxxxes federal trademark registrations and applications set forth on Schedule A hereto, present or future (a) infringement or dilution all renewals and extensions of any Trademark of the foregoing and all goodwill symbolized by any of the foregoing; (ii) all income, damages and payments now and hereafter due or Trademark registration includingpayable with respect thereto, including without limitation, the Trademarks damages and Trademark registrations referred to in Schedule 1 annexed heretopayments for past or future infringements, the Trademark registrations issued with respect to the Trademark applications referred in Schedule 1 and the Trademarks licensed under any Trademark licenseunfair competition, dilution of, or (b) for injury to the goodwill associated with any Trademarkof the Trademarks; (iii) licenses of any of the foregoing to or from third parties and the royalties and other payments, Trademark registration or Trademark licensed under any Trademark license. This security interest is granted in conjunction with if any, receivable thereunder; (iv) the security interests granted right to Grantee pursuant sue for past, present and future infringements thereof; (v) all rights corresponding thereto throughout the world; and (vi) Proceeds and products of the foregoing and all insurance payments pertaining to the Security Agreement foregoing and is not intended to increase proceeds thereof. Notwithstanding the rights of Grantee or the obligations of Grantor beyond the rights and obligations contained in the Security Agreement. Grantor hereby acknowledges and affirms that the rights and remedies of Grantee with respect to the security interest in foregoing, the Trademark Collateral made and granted hereby are more fully set forth shall not include any General Intangibles or other rights arising under any contracts, instruments, licenses or other documents to the extent that the grant of a Lien or security interest therein would (a) result in the Security Agreement, a breach of the terms and provisions of, or constitute a default under, such contract, instrument, license, agreement or other document (other than to the extent that any such term would be rendered ineffective pursuant to Sections 9-406, 9-407 or 9-408 of which are incorporated by reference herein as if fully set forth herein. In the event Uniform Commercial Code or any successor provision of the Uniform Commercial Code of any conflict between relevant jurisdiction or other applicable law) or (b) give any other party to such contract, instrument, license or other document the right to terminate its obligations thereunder pursuant to a valid and enforceable provision (including without limitation in connection with the operation of this Trademark Security Agreement and Section 9-406, 9-407 or 9-408 of the Security Agreement, the Security Agreement shall governUniform Commercial Code or any other applicable law).

Grant and Reaffirmation of Grant of Security Interests. To secure the payment and performance of the LiabilitiesObligations and Grantor's obligations under the Guaranty, Grantor hereby grants to Grantee, for its benefit and the benefit of PurchasersLenders, and hereby reaffirms affirms its prior grant pursuant to the Security Agreement (which grant shall be deemed to have been made simultaneously herewith) of, a continuing lien on, and security interest in Grantor’s entire in, any and all right, title and interest in and to the following (all of the following items or types of property being herein collectively referred to as the “"Trademark Collateral”"; provided that Trademark Collateral will not include "intent to use" trademark applications unless Grantor has used such trademarks and has filed a statement of use or amendment to allege use with respect to such application), whether now owned or existing or hereafter created, acquired or arising: (ai) each Trademarkany trademarks, Trademark registration and Trademark application, including, without limitation, the Trademarks, Trademark registrations (together with any reissues, continuations or extensions thereof) and Trademark applications referred to in Schedule 1 annexed heretotrademark registrations, and all of the goodwill of the business connected with the use oftrademark applications, trade names and symbolized bytrade styles, each Trademarkservice marks, Trademark registration service registrations and Trademark application; (b) each Trademark license and all of the goodwill of the business connected with the use of, and symbolized by, each Trademark license; and (c) all products and proceeds of the foregoingservice mark applications, including without limitation, any claim by Grantor against third parties for pastthe Unxxxx States federal trademark registrations and applications set forth on Schedule A hereto, present or future (a) infringement or dilution all renewals and extensions of any Trademark of the foregoing and all goodwill symbolized by any of the foregoing; (ii) all income, damages and payments now and hereafter due or Trademark registration includingpayable with respect thereto, including without limitation, the Trademarks damages and Trademark registrations referred to in Schedule 1 annexed heretopayments for past or future infringements, the Trademark registrations issued with respect to the Trademark applications referred in Schedule 1 and the Trademarks licensed under any Trademark licenseunfair competition, dilution, or (b) for injury to the goodwill associated with any Trademarkof the Trademarks; (iii) licenses of any of the foregoing to or from third parties and the royalties and other payments, Trademark registration or Trademark licensed under any Trademark license. This security interest is granted in conjunction with if any, receivable thereunder; (iv) the security interests granted right to Grantee pursuant sue for past, present and future infringements therxxx; (v) all rights corresponding thereto throughout the world; and (vi) Proceeds and products of the foregoing and all insurance payments pertaining to the Security Agreement foregoing and is not intended to increase proceeds thereof. Notwithstanding the rights of Grantee or the obligations of Grantor beyond the rights and obligations contained in the Security Agreement. Grantor hereby acknowledges and affirms that the rights and remedies of Grantee with respect to the security interest in foregoing, the Trademark Collateral made and granted hereby are more fully set forth shall not include any General Intangibles or other rights arising under any contracts, instruments, licenses or other documents to the extent that the grant of a Lien or security interest therein would (a) result in the Security Agreement, a breach of the terms and provisions of, or constitute a default under, such contract, instrument, license, agreement or other document (other than to the extent that any such term would be rendered ineffective pursuant to Sections 9-406, 9-407 or 9-408 of which are incorporated by reference herein as if fully set forth herein. In the event Uniform Commercial Code or any successor provision of the Uniform Commercial Code of any conflict between relevant jurisdiction or other applicable law) or (b) give any other party to such contract, instrument, license or other document the right to terminate its obligations thereunder pursuant to a valid and enforceable provision (including without limitation in connection with the operation of this Trademark Security Agreement and Section 9-406, 9-407 or 9-408 of the Security Agreement, the Security Agreement shall governUniform Commercial Code or any other applicable law).

Grant and Reaffirmation of Grant of Security Interests. To secure the payment and performance of the LiabilitiesObligations and each Grantor's obligations under the Guaranty, Grantor hereby grants to Grantee, for its benefit and the benefit of PurchasersLenders, and hereby reaffirms affirms its prior grant pursuant to the Security Agreement (which grant shall be deemed to have been made simultaneously herewith) of, a continuing lien on, and security interest in Grantor’s entire in, any and all right, title and interest in and to the following (all of the following items or types of property being herein collectively referred to as the “"Trademark Collateral”"; provided that Trademark Collateral will not include "intent to use" trademark applications unless Grantor has used such trademarks and has filed a statement of use or amendment to allege use with respect to such application), whether now owned or existing or hereafter created, acquired or arising: (ai) each Trademarkany trademarks, Trademark registration and Trademark application, including, without limitation, the Trademarks, Trademark registrations (together with any reissues, continuations or extensions thereof) and Trademark applications referred to in Schedule 1 annexed heretotrademark registrations, and all of the goodwill of the business connected with the use oftrademark applications, trade names and symbolized bytrade styles, each Trademarkservice marks, Trademark registration service registrations and Trademark application; (b) each Trademark license and all of the goodwill of the business connected with the use of, and symbolized by, each Trademark license; and (c) all products and proceeds of the foregoingservice mark applications, including without limitation, any claim by Grantor against third parties for pastthe United Xxxtes federal trademark registrations and applications set forth on Schedule A hereto, present or future (a) infringement or dilution all renewals and extensions of any Trademark of the foregoing and all goodwill symbolized by any of the foregoing; (ii) all income, damages and payments now and hereafter due or Trademark registration includingpayable with respect thereto, including without limitation, the Trademarks damages and Trademark registrations referred to in Schedule 1 annexed heretopayments for past or future infringements, the Trademark registrations issued with respect to the Trademark applications referred in Schedule 1 and the Trademarks licensed under any Trademark licenseunfair competition, dilution, or (b) for injury to the goodwill associated with any Trademarkof the Trademarks; (iii) licenses of any of the foregoing to or from third parties and the royalties and other payments, Trademark registration or Trademark licensed under any Trademark license. This security interest is granted in conjunction with if any, receivable thereunder; (iv) the security interests granted right to Grantee pursuant sue for past, present and future infringements thereof; (v) all rights corresponding thereto throughout the world; and (vi) Proceeds and products of the foregoing and all insurance payments pertaining to the Security Agreement foregoing and is not intended to increase proceeds thereof. Notwithstanding the rights of Grantee or the obligations of Grantor beyond the rights and obligations contained in the Security Agreement. Grantor hereby acknowledges and affirms that the rights and remedies of Grantee with respect to the security interest in foregoing, the Trademark Collateral made and granted hereby are more fully set forth shall not include any General Intangibles or other rights arising under any contracts, instruments, licenses or other documents to the extent that the grant of a Lien or security interest therein would (a) result in the Security Agreement, a breach of the terms and provisions of, or constitute a default under, such contract, instrument, license, agreement or other document (other than to the extent that any such term would be rendered ineffective pursuant to Sections 9-406, 9-407 or 9-408 of which are incorporated by reference herein as if fully set forth herein. In the event Uniform Commercial Code or any successor provision of the Uniform Commercial Code of any conflict between relevant jurisdiction or other applicable law) or (b) give any other party to such contract, instrument, license or other document the right to terminate its obligations thereunder pursuant to a valid and enforceable provision (including without limitation in connection with the operation of this Trademark Security Agreement and Section 9-406, 9-407 or 9-408 of the Security Agreement, the Security Agreement shall governUniform Commercial Code or any other applicable law).

Grant and Reaffirmation of Grant of Security Interests. To secure the payment and performance of the LiabilitiesObligations and Grantor's obligations under the Guaranty, Grantor hereby grants to Grantee, for its benefit and the benefit of PurchasersLenders, and hereby reaffirms affirms its prior grant pursuant to the Security Agreement of(which grant shall be deemed to have been made simultaneously herewith) of a lien on, a continuing and security interest in Grantor’s entire in, any and all right, title and interest in and to the following (all of the following items or types of property being herein collectively referred to as the “Trademark "Copyright Collateral”"), whether now owned or existing or hereafter created, acquired or arising: (ai) each Trademarkany copyrights, Trademark registration copyright registrations and Trademark applicationcopyright applications, including without limitation, the United States federal copyright registrations and applications set forth on Schedule A hereto, and all renewals and extensions of any of the foregoing; (ii) all income, damages and payments now and hereafter due or payable with respect thereto, including, without limitation, the Trademarks, Trademark registrations (together with any reissues, continuations damages and payments for past or extensions future infringements thereof) and Trademark applications referred to in Schedule 1 annexed hereto, and all of the goodwill of the business connected with the use of, and symbolized by, each Trademark, Trademark registration and Trademark application; (biii) each Trademark license and all licenses of any of the goodwill of foregoing to or from third parties and the business connected with royalties and other payments, if any, receivable thereunder; (iv) the use ofright to sue for past, present and symbolized by, each Trademark licensefuture infringements therexx; (v) all rights corresponding thereto throughout the world; and (cvi) all Proceeds and products and proceeds of the foregoing. Notwithstanding the foregoing, including without limitationthe Copyright Collateral shall not include any General Intangibles or other rights arising under any contracts, any claim by Grantor against third parties for pastinstruments, present licenses or future other documents to the extent that the grant of a Lien or security interest therein would (a) infringement result in a breach of the terms of, or dilution constitute a default under, such contract, instrument, license, agreement or other document (other than to the extent that any such term would be rendered ineffective pursuant to Sections 9-406, 9-407 or 9-408 of the Uniform Commercial Code or any successor provision of the Uniform Commercial Code of any Trademark relevant jurisdiction or Trademark registration including, without limitation, the Trademarks and Trademark registrations referred to in Schedule 1 annexed hereto, the Trademark registrations issued with respect to the Trademark applications referred in Schedule 1 and the Trademarks licensed under any Trademark license, other applicable law) or (b) injury give any other party to such contract, instrument, license or other document the goodwill associated with any Trademark, Trademark registration or Trademark licensed under any Trademark license. This security interest is granted right to terminate its obligations thereunder pursuant to a valid and enforceable provision (including without limitation in conjunction connection with the security interests granted to Grantee pursuant to operation of Section 9-406, 9-407 or 9-408 of the Security Agreement and is not intended to increase the rights of Grantee Uniform Commercial Code or the obligations of Grantor beyond the rights and obligations contained in the Security Agreement. Grantor hereby acknowledges and affirms that the rights and remedies of Grantee with respect to the security interest in the Trademark Collateral made and granted hereby are more fully set forth in the Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein. In the event of any conflict between any provision of this Trademark Security Agreement and the Security Agreement, the Security Agreement shall governother applicable law).