Intellectual Property Litigation. Unless there shall occur and be continuing any Event of Default and Grantors receive written notice from Collateral Agent of its intent to exercise remedies hereunder, each Grantor shall have the right to commence and prosecute in its own name, as the party in interest, for its own benefit and at the sole cost and expense of the Grantors, such applications for protection of the Intellectual Property Collateral and suits, proceedings or other actions to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value or other damage as are necessary to protect the Intellectual Property Collateral. Upon the occurrence and during the continuance of any Event of Default and upon receipt by Grantors of written notice from Collateral Agent stating its intent to exercise remedies hereunder, the Collateral Agent shall have the right but shall in no way be obligated to file applications for protection of the Intellectual Property Collateral and/or bring suit in the name of any Grantor, the Collateral Agent or the Secured Parties to enforce the Intellectual Property Collateral and any license thereunder. In the event of such suit, each Grantor shall, at the reasonable request of the Collateral Agent, do any and all commercially reasonable acts and execute any and all documents reasonably requested by the Collateral Agent in aid of such enforcement, and the Grantors shall promptly reimburse and indemnify the Collateral Agent for all reasonable costs and expenses incurred by the Collateral Agent in the exercise of its rights under this Section 6.04 in accordance with Section 9.08. In the event that the Collateral Agent shall elect not to bring suit to enforce the Intellectual Property Collateral as permitted by this Section 6.04 and an Event of Default has occurred and is continuing, each Grantor agrees, at the reasonable request of the Collateral Agent, to take all commercially reasonable actions necessary, whether by suit, proceeding or other action, to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value of or other damage to any of the Intellectual Property Collateral by others and for that purpose agrees to diligently maintain any suit, proceeding or other action against any person so infringing necessary to prevent such infringement.
Intellectual Property Litigation. Unless there shall occur and be continuing any Event of Default, the Pledgor shall have the right to commence and prosecute in its own name, as the party in interest, for its own benefit and at the sole cost and expense of the Pledgor, such applications for protection of the Trademarks and suits, proceedings or other actions to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value or other damage as are necessary to protect the Trademarks. Upon the occurrence and during the continuance of any Event of Default, the Secured Party shall have the right but shall in no way be obligated to file applications for protection of the Trademarks and/or bring suit in the name of the Pledgor, the Secured Party to enforce the Trademarks and any license thereunder. In the event of such suit, the Pledgor shall, at the reasonable request of the Secured Party, do any and all commercially reasonable acts/lawful acts and execute any and all documents reasonably requested by the Secured Party in aid of such enforcement and the Pledgor shall promptly reimburse and indemnify the Secured Party for all reasonable costs and expenses incurred by the Secured Party in the exercise of its rights under this Section 5.03 in accordance with Section 7.07. In the event that the Secured Party shall elect not to bring suit to enforce the Trademarks as permitted by this Section 5.03 and an Event of Default has occurred and is continuing, the Pledgor agrees, at the reasonable request of the Secured Party, to take all commercially reasonable actions necessary, whether by suit, proceeding or other action, to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value of or other damage to any of the Trademarks by others and for that purpose agrees to diligently maintain any suit, proceeding or other action against any person so infringing necessary to prevent such infringement.
Intellectual Property Litigation. In the event that any suit or proceeding alleging infringement of any patent or copyright, or alleging unfair competition resulting from similarity in the design or appearance of Purchased Goods/Services is brought against the University, the Supplier agrees that it will promptly, on notification of such proceeding, assume defense thereof, and that it will pay and discharge all costs and expenses in defense thereof, and will also pay or satisfy all costs, damages, royalties or profits which may be decreed or awarded against the University (including its employees, agents, representatives and contractors) for or on account of any Purchased Goods/Services. If it so desires, University may be represented by its own counsel in any such suit or proceeding at its own cost.
Intellectual Property Litigation. Since the date of this Agreement, no Person (other than Parent or its Affiliates) shall have instituted any action that challenges the validity and ownership of the Owned Intellectual Property, other than such actions the outcome of which is not reasonably expected to result in a Company Material Adverse Effect.
Intellectual Property Litigation. Except as and to the extent expressly provided in this Section 9.4, Sorrento shall have the right, but not the obligation, to bring or defend an infringement action with respect to Sorrento Patent Rights at its own expense, in its own name and entirely under its sole discretion and control.
Intellectual Property Litigation. Upon the occurrence and during the continuance of any Event of Default, the Administrative Agent shall have the right but shall in no way be obligated to file applications for protection of the Intellectual Property and/or bring suit in the name of any Grantor, the Administrative Agent or the Secured Parties to enforce the Intellectual Property and any license thereunder. In the event of such suit, each Grantor shall, at the reasonable request of the Administrative Agent, do any and all lawful acts and execute any and all documents requested by the Administrative Agent in aid of such enforcement and the Grantors shall promptly reimburse and indemnify the Administrative Agent, as the case may be, for all costs and expenses incurred by the Administrative Agent in the exercise of its rights under this Section 6.5 in accordance with Section 8.4 hereof. In the event that the Administrative Agent shall elect not to bring suit to enforce the Intellectual Property, each Grantor agrees, at the reasonable request of the Administrative Agent, to take all commercially reasonable actions necessary, whether by suit, proceeding or other action, to prevent the infringement, counterfeiting, unfair competition, dilution, diminution in value of or other damage to any of the Intellectual Property by others and for that purpose agrees to diligently maintain any suit, proceeding or other action against any Person so infringing necessary to prevent such infringement.
Intellectual Property Litigation. To the actual knowledge, without investigation, of Seller's Vice President and Chief Counsel - Intellectual Property, there is no suit or proceeding pending against, or currently threatened in writing against, Seller and affecting the Products or the PRC Assets which alleges that the Products or PRC Assets infringe, misappropriate or otherwise violate any Intellectual Property Right of any third party.
Intellectual Property Litigation. 24 6.6 Proceeds to Be Turned Over to Administrative Agent....................24 6.7 Application of Proceeds...............................................24 6.8 Code and Other Remedies...............................................25 6.9
Intellectual Property Litigation. TRANSFEREE shall have the right and sole discretion, in TRANSFEROR’s name (if required by Law, but otherwise in TRANSFEREE’s name) to xxx third parties for past, present, and future infringement, misappropriation, or other violations of the Licensed Hemiwedge Intellectual Property in the Combined Fields of Use and TRANSFEROR shall fully and timely cooperate and assist TRANSFEREE in connection with any such suit or action. All damages, awards, and settlement recoveries shall belong to TRANSFEREE. In the event that TRANSFEREE cannot pursue, without TRANSFEROR, any desired action for violation of the Licensed Hemiwedge Intellectual Property, then TRANSFEROR agrees to be joined as a party to such action. In such an event, TRANSFEROR will pay for its costs, including its attorneys’ fees, and any recovery will be first used to pay TRANSFEROR’S and TRANSFEREE’S litigation costs and, to the extent funds remain, the parties will discuss and agree upon an allocation of the remaining funds between the parties based upon at least the following factors: each party’s level of involvement in the action, the field(s) of use of the third party violator, and the impact of any such action across the various fields of use. TRANSFEROR further shall fully and timely cooperate with TRANSFEREE in connection with any suit or action involving the Assigned Hemiwedge Intellectual Property.
Intellectual Property Litigation. Cryptography Research Vale Canjeable Starpay and VIMachine PrivaSys Every Xxxxx Counts, Inc.—Prepaid Cards Re: Visa Inc., Visa International Service Association, and Visa U.S.A. Inc.— Five Year Revolving Credit Agreement dated as of February 15, 2008
