Intellectual Property; Licenses, Etc. Each Loan Party owns, or possesses the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person except, in each case, where the failure to do so would have a Material Adverse Effect. To the best knowledge of each Loan Party, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party infringes upon any rights held by any other Person except where such infringement would not have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.18, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each Loan Party, threatened, which, either individually or in the aggregate, would have a Material Adverse Effect.
Appears in 22 contracts
Samples: Credit Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.)
Intellectual Property; Licenses, Etc. Each Loan Party ownsThe Borrower and the other Consolidated Parties own, or possesses possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person except, in each case, where the failure to do so would have a Material Adverse EffectPerson. To the best knowledge of each Loan any Responsible Officer of any Consolidated Party, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Borrower or any Loan other Consolidated Party infringes upon any rights held by any other Person Person, except where for such infringement infringements that would not have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.185.18, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each Loan any Responsible Officer of any Consolidated Party, threatened, which, either individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.
Appears in 19 contracts
Samples: Credit Agreement (Pebblebrook Hotel Trust), Credit Agreement (Pebblebrook Hotel Trust), Credit Agreement (Pebblebrook Hotel Trust)
Intellectual Property; Licenses, Etc. Each Loan Party owns, or possesses the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person except, in each case, where the failure to do so would not have a Material Adverse Effect. To the best knowledge of each Loan Party, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party infringes upon any rights held by any other Person except where such infringement would not have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.18, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each Loan Party, threatened, which, either individually or in the aggregate, would have a Material Adverse Effect.
Appears in 11 contracts
Samples: Credit Agreement (American Realty Capital Trust IV, Inc.), Credit Agreement (American Realty Capital Properties, Inc.), Credit Agreement (American Realty Capital Trust III, Inc.)
Intellectual Property; Licenses, Etc. Each Loan Credit Party owns, or possesses the right to use, all of the trademarks, trademark rights, service marks, trade names, trade name rights, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with businesses or that are material to the rights conduct of any other Person except, in each case, where the failure to do so would have a Material Adverse Effectits business. To the best knowledge of each Loan Partythe Borrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Borrower or any Loan Party Subsidiary infringes upon any rights held by any other Person except where such infringement in a manner that would not have reasonably be expected to result in a Material Adverse EffectChange. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each Loan the Borrower, threatened, against any Credit Party, threatenedor their use thereof, which, either individually or in the aggregate, would have could reasonably be expected to result in a Material Adverse EffectChange.
Appears in 6 contracts
Samples: Credit Agreement (Nine Energy Service, Inc.), Credit Agreement (Nine Energy Service, Inc.), Credit Agreement (Nine Energy Service, Inc.)
Intellectual Property; Licenses, Etc. Each Loan Party ownsand its Restricted Subsidiaries own, or possesses possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person except, in each case, where the failure unless any such conflict could not reasonably be expected to do so would have a Material Adverse Effect. To the best knowledge of each Loan Party, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party or any Restricted Subsidiary infringes upon any rights held by any other Person except where such infringement would not in any manner which could reasonably be expected to have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each any Loan Party, threatened, which, either individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Credit Agreement (Global Partners Lp), Credit Agreement (Global Partners Lp), Credit Agreement (Global Partners Lp)
Intellectual Property; Licenses, Etc. Each Loan Party ownsand its Subsidiaries own, or possesses possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person exceptPerson, in each case, except where the failure to do so would so, or for such conflicts that, could not reasonably be expected to have a Material Adverse Effect. To the best knowledge of each Loan Partythe Borrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party or any Subsidiary infringes upon any rights held by any other Person Person, except where for such infringement would infringements that could not reasonably be expected to have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing IP Rights is pending or, to the best knowledge of each Loan Partythe Borrower, threatened, which, either individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (Timken Co), Credit Agreement (Timken Co), Credit Agreement (Timken Co)
Intellectual Property; Licenses, Etc. Each Loan Party owns, or possesses the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person except, in each case, where the failure to do so would not have a Material Adverse Effect. To the best knowledge of each Loan Party, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party infringes upon any rights held by any other Person except where such infringement would not have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.186.17, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each Loan Party, threatened, which, either individually or in the aggregate, would have a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (DLC Realty Trust, Inc.), Credit Agreement (DLC Realty Trust, Inc.), Credit Agreement (DLC Realty Trust, Inc.)
Intellectual Property; Licenses, Etc. Each Loan Party and each of its Subsidiaries owns, or possesses the right to use, all of the material trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective its businesses, without conflict with the rights of any other Person except, in each case, where the failure (except for such conflicts that could not reasonably be expected to do so would have a Material Adverse Effect). To the best knowledge of each Loan Partythe Borrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party or any of its Subsidiaries infringes upon any rights held by any other Person except where such infringement would not have a Material Adverse EffectPerson. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each Loan Partythe Borrower, threatenedthreatened in writing, which, either individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (American Assets Trust, Inc.), Credit Agreement (American Assets Trust, Inc.), Credit Agreement (American Assets Trust, Inc.)
Intellectual Property; Licenses, Etc. Each Loan Party ownsand its Subsidiaries own, or possesses possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “"IP Rights”") that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person except, in each case, where the failure unless any such conflict could not reasonably be expected to do so would have a Material Adverse Effect. To the best knowledge of each Loan Party, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party or any Subsidiary infringes upon any rights held by any other Person except where such infringement would not have a Material Adverse EffectPerson. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each any Loan Party, threatened, which, either individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Global Partners Lp), Credit Agreement (Global Partners Lp)
Intellectual Property; Licenses, Etc. Each Loan Party ownsand each of its Subsidiaries own, or possesses possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person except, in each case, where the failure to do so would have a Material Adverse EffectPerson. To the best knowledge of each Loan Partythe Borrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party or any of its Subsidiaries infringes upon any rights held by any other Person Person, except where for such infringement would infringements, individually or in the aggregate, which could not reasonably be expected to have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each Loan Partythe Borrower, threatened, which, either individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Biomarin Pharmaceutical Inc), Credit Agreement (Biomarin Pharmaceutical Inc)
Intellectual Property; Licenses, Etc. Each Loan Party and each of its Subsidiaries owns, or possesses the right to use, all of the material trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses licenses, proprietary rights and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person except, in each case, where the failure to do so would have a Material Adverse EffectPerson. To the best knowledge of each the Loan PartyParties, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party or any of their Subsidiaries infringes upon any rights held by any other Person Person, except where for such infringement would infringements which could not have reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each the Loan PartyParties, threatened, whichwhich could reasonably be expected to have, either individually or in the aggregate, would have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Lannett Co Inc)
Intellectual Property; Licenses, Etc. Each Loan Party ownsand each of its Subsidiaries own, or possesses possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without any known conflict with the rights of any other Person exceptPerson, in each case, where except to the extent the failure to do so own or possess such intellectual property would not reasonably be expected to have a Material Adverse Effect. To the best knowledge of each Loan Partythe Borrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party or any of its Subsidiaries infringes upon any rights held by any other Person except where such infringement would not have a Material Adverse EffectPerson. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each Loan Partythe Borrower, threatened, which, either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Intellectual Property; Licenses, Etc. Each Loan Party ownsand each of its Subsidiaries own, or possesses possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person exceptPerson, in each case, where the failure except as could not reasonably be expected to do so would have a Material Adverse Effect. To the best knowledge of each Loan Partythe Borrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party or any of its Subsidiaries infringes upon any rights held by any other Person Person, except where such infringement would as could not reasonably be expected to have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each Loan Partythe Borrower, threatened, which, either individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Intellectual Property; Licenses, Etc. Each Loan Party ownsand its Restricted Subsidiaries own, or possesses possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “"IP Rights”") that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person except, in each case, where the failure unless any such conflict could not reasonably be expected to do so would have a Material Adverse Effect. To the best knowledge of each Loan Party, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party or any Restricted Subsidiary infringes upon any rights held by any other Person except where such infringement would not in any manner which could reasonably be expected to have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each any Loan Party, threatened, which, either individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Intellectual Property; Licenses, Etc. Each Loan Party ownsand its Subsidiaries own, or possesses possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person exceptPerson, in each case, where except to the extent the failure to do so would could not reasonably be expected to have a Material Adverse Effect. To the best knowledge of each the Loan PartyParties, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party or any Subsidiary infringes upon any rights held by any other Person except where such infringement would not in a manner that could reasonably be expected to have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each the Loan PartyParties, threatened, which, either individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (PMC Sierra Inc)
Intellectual Property; Licenses, Etc. Each Loan Consolidated Party owns, or possesses the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are is reasonably necessary for the operation of their respective businessesits businesses as presently conducted, without any known conflict with the rights of any other Person exceptPerson, in each case, where the failure except as could not reasonably be expected to do so would have a Material Adverse Effect. To the best knowledge of each Loan Partythe Company, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Consolidated Party infringes upon any rights held by any other Person Person, except where such infringement would as could not reasonably be expected to have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each Loan Partythe Company, threatened, which, either individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Global Power Equipment Group Inc/)
Intellectual Property; Licenses, Etc. Each The Loan Party ownsParties own, or possesses possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person exceptPerson, in each case, where except to the extent that failure to do so would have not reasonably be expected to result in a Material Adverse Effect. To the best knowledge of each Loan PartyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party infringes upon any rights held by any other Person except where such infringement Person, which, either individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each Loan PartyBorrower, threatened, which, either individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Intellectual Property; Licenses, Etc. Each Loan Party Party, to its knowledge, owns, or possesses the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses to intellectual property rights and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businessesits business, without conflict with the rights of any other Person exceptPerson, in each case, where the failure except as could not reasonably be expected to do so would have a Material Adverse Effect. To the best knowledge of each Loan Partythe Borrower, no material slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party infringes upon any rights material IP Rights held by any other Person Person, except where such infringement would as could not reasonably be expected to have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each Loan Partythe Borrower, threatened, which, either individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Intellectual Property; Licenses, Etc. Each Loan Party owns, or possesses the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person except, in each case, where the failure to do so would not have a Material Adverse Effect. To the best knowledge of each Loan Partythe Borrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party infringes upon any rights held by any other Person except where such infringement would not have a Material Adverse Effect. Except as specifically disclosed in Schedule 6.18, no No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of each Loan Partythe Borrower, threatened, which, either individually or in the aggregate, would have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (American Realty Capital Trust V, Inc.)