Common use of Names and Intellectual Property Clause in Contracts

Names and Intellectual Property. a. Within five (5) years prior to the Closing Date, no Borrower has conducted business under or used any other name (whether corporate or assumed) except for the names shown on Schedule “5.13 (a) attached hereto and made part hereof. Each Borrower is the sole owner of all names listed on such Schedule “5.13(a)” and any and all business done and all invoices issued in such trade names are such Borrower’s sales, business and invoices. Each trade name of each Borrower represents a division or trading style of such Borrower and not a separate Subsidiary or Affiliate or independent entity. b. All trademarks, service marks, patents or copyrights which each Borrower uses, plans to use or has a right to use as of the Closing Date are shown on Schedule “5.13(b)” attached hereto and made part hereof and such Borrower is the sole owner of such Property except to the extent any other Person has claims or rights in such Property, as such claims and rights are shown on Schedule “5.13(b)”. All material copyrights have been registered with the United States Copyright Office. No Borrower is in violation of any rights of any other Person with respect to such Property. c. Except as shown on Schedule “5.13(c)” attached hereto and made part hereof, (i) no Borrower requires any copyrights, patents, trademarks or other intellectual property, or any license(s) to use any patents, trademarks or other intellectual property in order to provide services to its customers in the ordinary course of business; and (ii) Lender will not require any copyrights, patents, trademarks or other intellectual property or any licenses to use the same in order to provide such services after the occurrence of an Event of Default.

Names and Intellectual Property. a. Within five (5) years prior to the Closing Date, no Borrower has conducted business under or used any other name (whether corporate or assumed) except for the names shown on Schedule “5.13 (a) attached hereto and made part hereof. Each Borrower is the sole owner of all names listed on such Schedule “5.13(a)” and to Borrowers’ knowledge, any and all business done and all invoices issued in such trade names are such Borrower’s sales, business and invoices. Each trade name of each Borrower represents a division or trading style of such Borrower and not a separate Subsidiary or Affiliate or independent entity. b. All trademarks, service marks, patents or copyrights Intellectual Property which each Borrower uses, plans to use or has a right to use as of the Closing Date are shown on Schedule “5.13(b)” attached hereto and made part hereof and such Borrower is the sole owner of such Intellectual Property except to the extent any other Person has claims or rights in such Property, as such claims and rights are shown on Schedule “5.13(b)”. All material copyrights have been registered with the United States Copyright Office. No Borrower is in violation of any rights of any other Person with respect to such Property. c. Except as shown on Schedule “5.13(c)” attached hereto and made part hereof, (i) no Borrower requires any copyrights, patents, trademarks or other intellectual propertyIntellectual Property, or any license(s) to use any patents, trademarks or Intellectual Property of any other intellectual property Person in order to provide services to its customers in the ordinary course of business; and (ii) Lender will not require any copyrights, patents, trademarks or Intellectual Property of any other intellectual property Person or any licenses to use the same in order to provide such services after the occurrence of an Event of Default.

Names and Intellectual Property. a. Within five two (52) years prior to the Closing Date, no Borrower Seller has not conducted business under or used any other name (whether corporate or assumed) except for the names shown on Schedule “5.13 (a5.13(a) attached hereto and made part hereof. Each Borrower Within five (5) years prior to the Closing Date, Seller has not changed its legal name to any name except for the names shown on Schedule 5.13(a) attached hereto and made part hereof. Seller is the sole owner of all names listed on such Schedule “5.13(a)” ) and any and all business done and all invoices issued in such trade names are such BorrowerSeller’s sales, business and invoices. Each trade name of each Borrower Seller represents a division or trading style of such Borrower Seller and not a separate Subsidiary or Affiliate or independent entity. b. All trademarks, service marks, patents or copyrights which each Borrower Seller uses, plans to use or has a right to use as of the Closing Date are shown on Schedule “5.13(b)” ) attached hereto and made part hereof and such Borrower Seller is the sole owner of such Property except to the extent any other Person has claims or rights in such Property, as such claims and rights are shown on Schedule “5.13(b)”. All material copyrights have been registered with the United States Copyright Office. No Borrower Seller is not in violation of any rights of any other Person with respect to such Property. c. Except as shown on Schedule “5.13(c)” ) attached hereto and made part hereof, (i) no Borrower requires Seller does not require any copyrights, patents, trademarks or other intellectual property, or any license(s) to use any patents, trademarks or other intellectual property in order to provide services to its customers in the ordinary course of business; and (ii) Lender FGI will not require any copyrights, patents, trademarks or other intellectual property or any licenses to use the same in order to provide such services after the occurrence of an Event of Default.

Names and Intellectual Property. a. Within five (5) years prior to the Closing Date, no Borrower has not conducted business under or used any other name (whether corporate or assumed) except for the names shown on Schedule “5.13 (a) "5.13(a)" attached hereto and made part hereof. Each Borrower is the sole owner of all names listed on such Schedule “"5.13(a)” " and any and all business done and all invoices issued in such trade names are such Borrower’s 's sales, business and invoices. Each trade name of each Borrower represents a division or trading style of such Borrower and not a separate Subsidiary or Affiliate or independent entity. b. All trademarks, service marks, patents or copyrights which each Borrower uses, plans to use or has a right to use as of the Closing Date are shown on Schedule “"5.13(b)” " attached hereto and made part hereof and such Borrower is the sole owner of such Property except to the extent any other Person has claims or rights in such Property, as such claims and rights are shown on Schedule “5.13(b)”. All material copyrights have been registered with the United States Copyright Office. No Borrower is not in violation of any rights of any other Person with respect to such Property. c. Except as shown on Schedule “"5.13(c)” " attached hereto and made part hereof, (i) no Borrower requires does not require any copyrights, patents, trademarks or other intellectual property, or any license(s) to use any patents, trademarks or other intellectual property in order to provide services to its customers in the ordinary course of business; and (ii) Lender will not require any copyrights, patents, trademarks or other intellectual property or any licenses to use the same in order to provide such services after the occurrence of an Event of Default.

Names and Intellectual Property. a. Within five (5) years prior to the Closing Date, no Borrower has not conducted business under or used any other name (whether corporate or assumed) except for the names shown on Schedule “5.13 (a) 5.13(a)” attached hereto and made part hereof. Each Borrower is the sole owner of all names listed on such Schedule “5.13(a)” and any and all business done and all invoices issued in such trade names are such Borrower’s sales, business and invoices. Each trade name of each Borrower represents a division or trading style of such Borrower and not a separate Subsidiary or Affiliate or independent entity. b. All trademarks, service marks, patents or copyrights of Borrower which each Borrower uses, uses or plans to use or has a right to use as of the Closing Date are shown on Schedule “5.13(b)” attached hereto and made part hereof and such Borrower is the sole owner of such Property except to the extent any other Person has claims or rights in such Property, as such claims and rights are shown on Schedule “5.13(b)”. All material copyrights have been registered with the United States Copyright Office. No Borrower is not in violation of any rights of any other Person with respect to such Property. c. Except as shown on Schedule “5.13(c)” attached hereto and made part hereof, (i) no Borrower requires does not require any copyrights, patents, trademarks or other intellectual property, or any license(s) to use any patents, trademarks or other intellectual property in order to provide services to its customers in the ordinary course of business; and (ii) Lender will not require any copyrights, patents, trademarks or other intellectual property or any licenses to use the same in order to provide such services after the occurrence of an Event of Default.

Names and Intellectual Property. a. Within five (5) years prior to the Closing Date, no neither Borrower has conducted business under or used any other name (whether corporate or assumed) except for the names shown on Schedule “5.13 (a) 5.13(a)” attached hereto and made part hereof. Each Except to the extent that Borrowers may conduct business under a name utilizing the word “Newtek” the ownership of which is with Guarantor, each Borrower is the sole owner of all names listed on such Schedule “5.13(a)” and any and all business done and all invoices issued in such trade names are such Borrower’s sales, business and invoices. Each trade name of each Borrower Borrower, including business conducted under a name utilizing the word “Newtek”, represents a division or trading style of such Borrower and not a separate Subsidiary or Affiliate or independent entity. b. All trademarks, service marks, patents or copyrights which each Borrower uses, plans to use or has a right to use as of the Closing Date are shown on Schedule “5.13(b)” attached hereto and made part hereof and such Borrower is has the sole owner legal authority to use such intellectual property in the conduct of such Property except to the extent any other Person has claims or rights in such Property, as such claims and rights are shown on Schedule “5.13(b)”its business. All material copyrights have been registered with the United States Copyright Office. No Borrower is not in violation of any rights of any other Person with respect to such Property. c. Except as shown on Schedule “5.13(c)” attached hereto and made part hereof, (i) no each Borrower requires does not require any copyrights, patents, trademarks or other intellectual property, or any license(s) to use any patents, trademarks or other intellectual property (other than software licenses generally available) in order to provide services to its customers in the ordinary course of business; and (ii) Lender will not require any copyrights, patents, trademarks or other intellectual property or any licenses to use the same in order to provide such services after the occurrence of an Event of Default.