Common use of Intangible Assets Clause in Contracts

Intangible Assets. The Borrower and its Subsidiaries own, or possess the right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are used in the conduct of their respective businesses as now operated, and none of such items, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict has a Material Adverse Effect.

Appears in 8 contracts

Samples: Term Loan Credit Agreement (Tech Data Corp), Term Loan Credit Agreement (Tech Data Corp), Revolving Credit Agreement (Tech Data Corp)

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Intangible Assets. The Borrower and its Guarantor Subsidiaries own, or possess the right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are used necessary in the conduct of their respective businesses as now operated, and none of no such itemsintangible asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict has would constitute a Material Adverse Effect.

Appears in 8 contracts

Samples: Term Loan Agreement (Kb Home), Revolving Loan Agreement (Kb Home), Revolving Loan Agreement (Kb Home)

Intangible Assets. The Borrower and its Restricted Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operated, and none of no such itemsIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.

Appears in 5 contracts

Samples: Term Loan Agreement (Mandalay Resort Group), Capital Markets Term Loan Agreement (Mandalay Resort Group), Revolving Loan Agreement (Mandalay Resort Group)

Intangible Assets. The Borrower Borrowers and its their respective Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operated, and none of no such itemsIntangible Asset, to the best knowledge of BorrowerBorrowers, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co)

Intangible Assets. The Borrower and its Subsidiaries own, or possess the unrestricted right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are used necessary in the conduct of their respective businesses as now operated, and none of no such itemsintangible asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict has would constitute a Material Adverse Effect.

Appears in 3 contracts

Samples: Revolving Loan Agreement (Kaufman & Broad Home Corp), Loan Agreement (Kaufman & Broad Home Corp), Term Loan Agreement (Kaufman & Broad Home Corp)

Intangible Assets. The Borrower and its Subsidiaries Guarantor own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operated, and none of no such itemsIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.

Appears in 3 contracts

Samples: Unsecured Credit Agreement (BioMed Realty L P), Unsecured Term Credit Agreement (BioMed Realty L P), Unsecured Credit Agreement (BioMed Realty L P)

Intangible Assets. The Borrower and its Significant Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operated, and none of no such itemsIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Reliance, Inc.), Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co)

Intangible Assets. The Borrower and its Subsidiaries own, or possess the unrestricted right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are used necessary in the conduct of their respective businesses as now operated, and none of no such itemsintangible asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict has would constitute a Material Adverse Effect.

Appears in 3 contracts

Samples: Term Loan Agreement (Kb Home), Revolving Loan Agreement (Kb Home), Revolving Loan Agreement (Kb Home)

Intangible Assets. The Borrower and its Subsidiaries own, or possess the right to useuse to the extent necessary in their businesses, all material trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operatedbusinesses, and none of no such itemsIntangible Asset, to the best knowledge of BorrowerBorrower and the Co-Borrowers, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.

Appears in 3 contracts

Samples: 364 Day Loan Agreement (MGM Mirage), 364 Day Loan Agreement (MGM Mirage), 364 Day Loan Agreement (MGM Mirage)

Intangible Assets. The Borrower and its Subsidiaries ownowns, or possess possesses the right to useuse to the extent necessary in its business, all trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets that are used in the conduct of their respective businesses its business as now operated, and none of no such itemsintangible asset, to the best knowledge of Borrower’s actual knowledge, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict has a Material Adverse EffectPerson.

Appears in 3 contracts

Samples: Credit Agreement (Southwest Water Co), Credit Agreement (Southwest Water Co), Credit Agreement (Southwest Water Co)

Intangible Assets. The Borrower and its Subsidiaries own, or ----------------- possess the right to useuse to the extent necessary in their businesses, all material trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operatedbusinesses, and none of no such itemsIntangible Asset, to the best knowledge of BorrowerBorrower and the Co-Borrowers, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (MGM Grand Inc), Term Loan Agreement (MGM Grand Inc)

Intangible Assets. The Borrower and its Subsidiaries own, or possess the right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are used in material to the conduct of their respective businesses as now operated, and none of such items, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict has a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Hispanic Express Inc), Credit Agreement (Central Financial Acceptance Corp)

Intangible Assets. The Borrower and its Guarantor Subsidiaries own, or possess the right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are used necessary in the conduct of their respective businesses as now operated, and none of no such itemsintangible asset, to the best actual knowledge of the Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict has would constitute a Material Adverse Effect.

Appears in 2 contracts

Samples: Revolving Credit Agreement (WCI Communities, Inc.), Revolving Credit Agreement (WCI Communities, Inc.)

Intangible Assets. The Each Borrower and its Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operated, and none of no such items, to the best knowledge of BorrowerIntangible Asset, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.

Appears in 2 contracts

Samples: Revolving Loan Agreement (Day Runner Inc), Loan Agreement (Day Runner Inc)

Intangible Assets. The Borrower and its Subsidiaries own, or possess the right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are used in the conduct of their respective businesses as now operated, and none of such items, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict has a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Newmark Homes Corp), Credit Agreement (Flir Systems Inc)

Intangible Assets. The Borrower Company and its Subsidiaries own, or possess the ----------------- right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are used in the conduct of their respective businesses as now operated, and none of such items, to the best knowledge of Borrowerany Borrower Party, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person Person, to the extent that such failure to own or possess or such conflict has a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Levi Strauss & Co), Bridge Credit Agreement (Levi Strauss & Co)

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Intangible Assets. The Borrower Company and its Subsidiaries own, or possess the ----------------- right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are used in the conduct of their respective businesses as now operated, and none of such items, to the best knowledge of Borrowerany Borrower Party, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such failure to own or possess or such conflict has a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Levi Strauss & Co), 364 Day Credit Agreement (Levi Strauss & Co)

Intangible Assets. The Borrower and its Subsidiaries own, or possess ----------------- the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operated, and none of no such itemsIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Loan Agreement (Callaway Golf Co /Ca)

Intangible Assets. The Borrower and its Subsidiaries own, owns or possess possesses the right to useuse all trade secrets, all trademarks, trade names, copyrights, patents, patent rights, franchisesservice marks, computer software, licenses and other intangible assets that are assets, if any, used in the conduct of their respective businesses Borrower's business as now presently operated, and none of no such itemsproperty, to the best knowledge of BorrowerBorrower following due inquiry thereof, conflicts with the valid trademark, trade name, copyright, patent, patent right or other intangible asset of any other Person to the extent that such conflict has a Material Adverse Effectperson.

Appears in 1 contract

Samples: Loan and Security Agreement (Halifax Corp of Virginia)

Intangible Assets. The Borrower and its Subsidiaries own, or possess ----------------- the right to useuse to the extent necessary in their respective businesses, all trademarksmaterial trade marks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operated, and none of no such itemsIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving/Term Loan Agreement (Data Processing Resources Corp)

Intangible Assets. The Borrower and its Guarantor Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operated, and none of no such itemsIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Loan Agreement (Del Webb Corp)

Intangible Assets. The Borrower and its Subsidiaries ownowns, or possess possesses the right to useuse to the extent necessary in its business, all trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets that are used in the conduct of their respective businesses its business as now operated, and none of no such itemsintangible asset, to the best knowledge of Borrower’s actual knowledge, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict has a Material Adverse EffectPerson.

Appears in 1 contract

Samples: Credit Agreement (Southwest Water Co)

Intangible Assets. The Borrower and its Subsidiaries Borrowers own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operated, and none of no such itemsIntangible Asset, to the best knowledge of BorrowerBorrowers, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Loan Agreement (BioMed Realty Trust Inc)

Intangible Assets. The Borrower and its Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all trademarksmaterial trade marks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operated, and none of no such itemsIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Wild Oats Markets Inc)

Intangible Assets. The Borrower and its Guarantor Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operated, and none of no such itemsIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.. -51-

Appears in 1 contract

Samples: Revolving Loan Agreement (Del Webb Corp)

Intangible Assets. The Borrower and its Subsidiaries own, or possess ----------------- the right to useuse to the extent necessary in their businesses, all material trademarks, trade names, copyrights, patents, patent rights, franchisescomputer software, licenses and other intangible assets Intangible Assets that are used in the conduct of their respective businesses as now operatedbusinesses, and none of no such itemsIntangible Asset, to the best knowledge of BorrowerBorrower and the Co-Borrowers, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict has constitutes a Material Adverse Effect.

Appears in 1 contract

Samples: 364 Day Loan Agreement (MGM Grand Inc)

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