Common use of Grant of Security Interest in Trademarks Clause in Contracts

Grant of Security Interest in Trademarks. To secure the complete and timely payment, performance and satisfaction of all of the Secured Obligations, the Grantor hereby grants to the Noteholders, a security interest as and by way of a first lien and security interest having priority over all other security interests, including with power of sale to the fullest extent permitted by applicable law, in all of the Grantor’s right, title and interest in and to the Grantor’s now owned or otherwise existing and hereafter acquired or arising: (a) trademarks, trade names, registered trademarks, trademark applications, service marks, registered service marks and service mxxx applications and (b) all renewals thereof, all income, royalties, damages and payments now and hereafter due and/or payable under and with respect thereto, including, without limitation, payments under all licenses entered into in connection therewith and damages and payments for past or future infringements or dilutions thereof, the right to sxx for past, present and future infringements and dilutions thereof, the goodwill of the Grantor’s business symbolized by the foregoing and connected therewith and all of the Grantor’s rights corresponding thereto throughout the world (all of the foregoing items described in the foregoing clauses (a) and (b) in this Section 2.2, are hereinafter individually and/or collectively referred to as the “Trademarks”); and (c) all proceeds of any and all of the foregoing, including, without limitation, license royalties and proceeds of the infringement suits.

Grant of Security Interest in Trademarks. To secure the complete and timely payment, performance and satisfaction of all of the Secured Obligations, the Grantor hereby grants to the Noteholders, a security interest as and by way of a first lien mortgage and security interest having priority over all other security interests, including including, without limitation, with power of sale to the fullest extent permitted by applicable law, in all of the Grantor’s 's right, title and interest in and to the Grantor’s 's now owned or otherwise existing and hereafter acquired or arising: (a) trademarks, trade names, registered trademarks, trademark applications, service marks, registered service marks and service mxxx applications and xxxx applications; (bi) all renewals thereof, (ii) all income, royalties, damages and payments now and hereafter due and/or payable under and with respect to thereto, including, without limitation, payments under all licenses entered into in connection therewith and damages and payments for past or future infringements or dilutions thereof, (iii) the right to sxx xxx for past, present and future infringements and dilutions thereof, (iv) the goodwill of the Grantor’s 's business symbolized by the foregoing and connected therewith and (v) all of the Grantor’s 's rights corresponding thereto throughout the world (all of the foregoing trademarks, trade names, registered trademarks and trademark applications, service marks, registered service marks and service xxxx applications, together with the items described in the foregoing clauses (a) and (bi)-(v) in this Section 2.2, are hereinafter individually and/or collectively referred to as the “"Trademarks”"); and (cb) all proceeds of any and all of the foregoing, including, without limitation, license royalties and proceeds of the infringement suits.

Grant of Security Interest in Trademarks. To secure the complete and timely payment, performance and satisfaction of all of the Secured Obligations, the Grantor hereby grants to the NoteholdersCollateral Agent, for the pro rata benefit of the Holders, a security interest as and by way of a first lien and security interest having priority over all other security interests, including with power of sale to the fullest extent permitted by applicable law, in all of the Grantor’s right, title and interest in and to the Grantor’s now owned or otherwise existing and hereafter acquired or arising: (a) trademarks, trade names, registered trademarks, trademark applications, service marks, registered service marks and service mxxx xxxx applications and (b) all renewals thereof, all income, royalties, damages and payments now and hereafter due and/or payable under and with respect thereto, including, without limitation, payments under all licenses entered into in connection therewith and damages and payments for past or future infringements or dilutions thereof, the right to sxx xxx for past, present and future infringements and dilutions thereof, the goodwill of the Grantor’s business symbolized by the foregoing and connected therewith and all of the Grantor’s rights corresponding thereto throughout the world (all of the foregoing items described in the foregoing clauses (a) and (b) in this Section 2.2, are hereinafter individually and/or collectively referred to as the “Trademarks”); and (c) all proceeds of any and all of the foregoing, including, without limitation, license royalties and proceeds of the infringement suits.

Grant of Security Interest in Trademarks. To secure the complete and timely payment, performance and satisfaction of all of the Secured ObligationsLiabilities, the Grantor Grantors hereby grants grant to the NoteholdersAdministrative Agent, for the benefit of the Administrative Agent, the Lenders, the Issuing Banks and the other Holders, a security interest in, as and by way of a first lien mortgage and security interest having priority over all other security interests, including with power of sale to the fullest extent permitted by applicable law, in all of the Grantor’s right, title and interest in and to the Grantor’s Grantors' now owned or otherwise existing and hereafter acquired or arising: : (ai) trademarks, trade names, registered trademarkstrade dress, trademark applicationsdesign marks, service marks, registered service marks logos, corporate names, company names, business names, domain names, trade styles and service mxxx other source of business identifiers, and all federal, state and foreign registrations, renewals and recordings thereof and all applications in connection therewith, including, without limitation, those listed on SCHEDULE A attached hereto and made a part hereof, and (ba) all renewals thereof, all income, royalties, damages and payments now and hereafter due and/or payable under and with respect thereto, including, without limitation, payments under all licenses entered into in connection therewith and damages and payments for past or future infringements or dilutions thereof, (b) the right to sxx xxx for past, present and future infringements and dilutions thereof, (c) the goodwill of the Grantor’s business Grantors' businesses symbolized by the foregoing and connected therewith therewith, and (d) all of the Grantor’s Grantors' rights corresponding thereto throughout the world (all of the foregoing items described in the foregoing clauses (a) and (b) in this Section 2.2PARAGRAPH 4(I), are sometimes hereinafter individually and/or collectively referred to as the “"Trademarks”"); and and (cii) all proceeds of rights under or interest in any and all of the foregoingtrademark or service xxxx licenses or agreements with any other party, whether either Grantor is a licensee or licensor, including, without limitation, license royalties those trademark or service xxxx licenses and proceeds agreements listed on SCHEDULE B attached hereto and made a part hereof, in each case to the extent assignable without violation thereof, together with any goodwill connected with and symbolized by any such trademark or service xxxx licenses and agreements, the right to collect and receive payments, including but not limited to royalties, under such licenses and agreements or damages for breach thereof and the right to prepare for sale and sell any and all Inventory now or hereafter owned by the Grantors and now or hereafter covered by such licenses and agreements and all rights corresponding thereto in the United States and any foreign country (all of the infringement suitsforegoing are hereinafter referred to collectively as the "Licenses").

Grant of Security Interest in Trademarks. To secure the complete and timely payment, performance and satisfaction of all of the Secured Obligations, the Grantor hereby grants to the Collateral Agent, for the benefit of the Noteholders, a security interest as and by way of a first lien and security interest having priority over all other security interests, including with power of sale to the fullest extent permitted by applicable law, in all of the Grantor’s right, title and interest in and to the Grantor’s now owned or otherwise existing and hereafter acquired or arising: (a) trademarks, trade names, registered trademarks, trademark applications, service marks, registered service marks and service mxxx xxxx applications and (b) all renewals thereof, all income, royalties, damages and payments now and hereafter due and/or payable under and with respect thereto, including, without limitation, payments under all licenses entered into in connection therewith and damages and payments for past or future infringements or dilutions thereof, the right to sxx xxx for past, present and future infringements and dilutions thereof, the goodwill of the Grantor’s business symbolized by the foregoing and connected therewith and all of the Grantor’s rights corresponding thereto throughout the world (all of the foregoing items described in the foregoing clauses (a) and (b) in this Section 2.2, are hereinafter individually and/or collectively referred to as the “Trademarks”); and (c) all proceeds of any and all of the foregoing, including, without limitation, license royalties and proceeds of the infringement suits.

Grant of Security Interest in Trademarks. To secure the complete and timely payment, performance and satisfaction of all of the Secured Obligations, the Grantor hereby grants to the Collateral Agent, for the benefit of the Noteholders, a security interest as and by way of a first lien and security interest having priority over all other security interestsinterests except as set forth in Section 2.5 below, including with power of sale to the fullest extent permitted by applicable law, in all of the Grantor’s right, title and interest in and to the Grantor’s now owned or otherwise existing and hereafter acquired or arising: (a) trademarks, trade names, registered trademarks, trademark applications, service marks, registered service marks and service mxxx xxxx applications and (b) all renewals thereof, all income, royalties, damages and payments now and hereafter due and/or payable under and with respect thereto, including, without limitation, payments under all licenses entered into in connection therewith and damages and payments for past or future infringements or dilutions thereof, the right to sxx xxx for past, present and future infringements and dilutions thereof, the goodwill of the Grantor’s business symbolized by the foregoing and connected therewith and all of the Grantor’s rights corresponding thereto throughout the world (other than in connection with the Company’s PMK Apparatus, as described in the Memorandum) (all of the foregoing items described in the foregoing clauses (a) and (b) in this Section 2.2, are hereinafter individually and/or collectively referred to as the “Trademarks”); and (c) all proceeds of any and all of the foregoing, including, without limitation, license royalties and proceeds of the infringement suits.

Grant of Security Interest in Trademarks. To secure the complete and timely payment, performance and satisfaction of all of the Secured Obligations, the Grantor hereby grants to the NoteholdersCollateral Agent, for the pro rata benefit of the Holders, a security interest as and by way of a first lien second mortgage and security interest having priority over all other security interests, except for the security interest granted for the benefit of the holders of the Senior Notes, including with power of sale to the fullest extent permitted by applicable law, in all of the Grantor’s right, title and interest in and to the Grantor’s now owned or otherwise existing and hereafter acquired or arising: (a) trademarks, trade names, registered trademarks, trademark applications, service marks, registered service marks and service mxxx xxxx applications and (b) all renewals thereof, all income, royalties, damages and payments now and hereafter due and/or payable under and with respect thereto, including, without limitation, payments under all licenses entered into in connection therewith and damages and payments for past or future infringements or dilutions thereof, the right to sxx xxx for past, present and future infringements and dilutions thereof, the goodwill of the Grantor’s business symbolized by the foregoing and connected therewith and all of the Grantor’s rights corresponding thereto throughout the world (all of the foregoing items described in the foregoing clauses (a) and (b) in this Section 2.2, are hereinafter individually and/or collectively referred to as the “Trademarks”); and (c) all proceeds of any and all of the foregoing, including, without limitation, license royalties and proceeds of the infringement suits.

Grant of Security Interest in Trademarks. To secure the complete and timely payment, performance and satisfaction of all of the Secured Obligations, the Grantor hereby grants to the NoteholdersCollateral Agent, for the pro rata benefit of the Holders, a security interest as and by way of a first lien mortgage and security interest having priority over all other security interests, including with power of sale to the fullest extent permitted by applicable law, in all of the Grantor’s right, title and interest in and to the Grantor’s now owned or otherwise existing and hereafter acquired or arising: (a) trademarks, trade names, registered trademarks, trademark applications, service marks, registered service marks and service mxxx xxxx applications and (b) all renewals thereof, all income, royalties, damages and payments now and hereafter due and/or payable under and with respect thereto, including, without limitation, payments under all licenses entered into in connection therewith and damages and payments for past or future infringements or dilutions thereof, the right to sxx xxx for past, present and future infringements and dilutions thereof, the goodwill of the Grantor’s business symbolized by the foregoing and connected therewith and all of the Grantor’s rights corresponding thereto throughout the world (all of the foregoing items described in the foregoing clauses (a) and (b) in this Section 2.2, are hereinafter individually and/or collectively referred to as the “Trademarks”); and (c) all proceeds of any and all of the foregoing, including, without limitation, license royalties and proceeds of the infringement suits.

Grant of Security Interest in Trademarks. To secure the complete and timely payment, performance and satisfaction of all of the Secured Obligations, the Grantor Borrower hereby grants to the Noteholders, Lender a security interest in, as and by way of a first lien mortgage and security interest having priority over all other security interests, including with power of sale to the fullest extent permitted by applicable law, in all of the Grantor’s right, title and interest in and to the Grantor’s Borrower's now owned or otherwise existing and hereafter acquired or arising: (ai) trademarks, trade names, registered trademarks, trademark applications, service marks, registered service marks and service mxxx mark applications, including, without limitation, the trademarks, xxxde names, registered trademarks, trademark applications, service marks, registered service marks and service mark applications listed on Schedule 4.8 attached to the Note Purchase Xxxeement and made a part hereof ("SCHEDULE 4.8"), and (ba) all renewals thereof, (b) all income, royalties, damages and payments now and hereafter due and/or payable under and with respect thereto, including, without limitation, payments under all licenses entered into in connection therewith and damages and payments for past or future infringements or dilutions thereof, (c) the right to sxx sue for past, present and future infringements and dilutions thereof, (d) the goodwill of the Grantor’s Borrower's business symbolized by the foregoing and connected therewith and (e) all of the Grantor’s Borrower's rights corresponding thereto throughout the world (all of the foregoing trademarks, trade names, registered trademarks and trademark applications, service marks, registered service marks and service mark applications, together with the items described in the foregoing clauses (aa)-(e) and (b) in xx this Section 2.24, are hereinafter individually and/or collectively referred to as the “"Trademarks”"); and (cii) all proceeds of any and all of the foregoing, including, without limitation, license royalties and proceeds of the infringement suits.

Grant of Security Interest in Trademarks. To secure the complete and timely payment, performance and satisfaction of all of the Secured Obligations, the each Grantor hereby grants to the NoteholdersCollateral Agent for the benefit of the Purchasers, a security interest in, as and by way of a first lien mortgage and security interest having priority over all other security interests, including with power of sale to the fullest extent permitted by applicable law, in all of the Grantor’s right, title and interest in and to the Grantor’s such Grantors' now owned or otherwise existing and hereafter acquired or arising: : (ai) all trademarks, trade names, registered trademarkstrade dress, trademark applicationsdesign marks, service marks, registered service marks logos, corporate names, company names, business names, domain names, trade styles and service mxxx other source of business identifiers, and all federal, state and foreign registrations, renewals and recordings thereof and all applications in connection therewith (I) listed on Schedule A attached hereto and made a part hereof and (bII) all renewals thereof, hereafter acquired or arising and (a) all income, royalties, damages and payments now and hereafter due and/or payable under and with respect thereto, including, without limitation, payments under all licenses entered into in connection therewith and damages and payments for past or future infringements or dilutions thereof, thereof (b) the right to sxx for sue xxx past, present and future infringements and dilutions thereof, thereof (c) the goodwill of the such Grantor’s business 's businesses symbolized by the foregoing and connected therewith therewith, and (d) all of the such Grantor’s 's rights corresponding thereto throughout the world (all of the foregoing items described in the foregoing clauses (a) and (b) in this Section 2.22(i), are sometimes hereinafter individually and/or collectively referred to as the “"Trademarks”"); and and (cii) all proceeds of rights under or interest in any and all of the foregoingtrademark or service mark licenses or agreements with any other party, whether such Grantor is a licensee or licensor, including, without limitation, license royalties those trademark or service mark xxxenses and proceeds agreements listed on Schedule A attached hereto and made a part hereof, in each case to the extent assignable without violation thereof together with any goodwill connected with and symbolized by any such trademark or service mark xxxenses and agreements, the right to collect and receive payments, including but not limited to royalties, under such licenses and agreements or damages for breach thereof and the right to prepare for sale and sell any and all Inventory now or hereafter owned by such Grantor and now or hereafter covered by such licenses and agreements and all rights corresponding thereto in the United States and any foreign country (the "Trademark Licenses") (all of the infringement suits.foregoing items described in this Section 2 (i-ii) are hereinafter collectively referred to as the

Grant of Security Interest in Trademarks. To secure the complete and timely payment, performance and satisfaction of all of the Secured Obligations, the Grantor Borrower hereby grants to the Noteholders, Lender a security interest in, as and by way of a first lien mortgage and security interest having priority over all other security interests, including with power of sale to the fullest extent permitted by applicable law, in all of the Grantor’s right, title and interest in and to the Grantor’s Borrower's now owned or otherwise existing and hereafter acquired or arising: (ai) trademarks, trade names, registered trademarks, trademark applications, service marks, registered service marks and service mxxx xxxx applications, including, without limitation, the trademarks, trade names, registered trademarks, trademark applications, service marks, registered service marks and service xxxx applications listed on Schedule 4.8 attached to the Note Purchase Agreement and made a part hereof ("SCHEDULE 4.8"), and (ba) all renewals thereof, (b) all income, royalties, damages and payments now and hereafter due and/or payable under and with respect thereto, including, without limitation, payments under all licenses entered into in connection therewith and damages and payments for past or future infringements or dilutions thereof, (c) the right to sxx xxx for past, present and future infringements and dilutions thereof, (d) the goodwill of the Grantor’s Borrower's business symbolized by the foregoing and connected therewith and (e) all of the Grantor’s Borrower's rights corresponding thereto throughout the world (all of the foregoing trademarks, trade names, registered trademarks and trademark applications, service marks, registered service marks and service xxxx applications, together with the items described in the foregoing clauses (a) and (ba)-(e) in this Section 2.24, are hereinafter individually and/or collectively referred to as the “"Trademarks”"); and (cii) all proceeds of any and all of the foregoing, including, without limitation, license royalties and proceeds of the infringement suits.