Common use of Names and Intellectual Property Clause in Contracts

Names and Intellectual Property. (a) Borrower has not and no Subsidiary Guarantor has conducted business under or used any name other than the names listed on Schedule 5.9 hereto (whether corporate or assumed) except for the names shown on Schedule “5.13(a)” attached hereto and made part hereof. Borrower and each Subsidiary Guarantor, as applicable, 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 Borrower’s or such Subsidiary Guarantor’s sales, business and invoices. Each trade name of Borrower and each Subsidiary Guarantor, as applicable, represents an alternate name of Borrower or such Subsidiary Guarantor, as applicable, and not a separate Subsidiary or Affiliate or independent entity. (b) All registered trademarks, service marks, patents or copyrights which Borrower or any Subsidiary Guarantor uses, or has a right to use are shown on Schedule “5.13(b)” attached hereto and made part hereof, and Borrower and such Subsidiary Guarantor, as applicable, 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)”. 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) neither Borrower nor any Subsidiary Guarantor 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) to the best of Borrower’s knowledge, Agent 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 (a5) years prior to the Closing Date, Borrower has not and no Subsidiary Guarantor has conducted business under or used any other name other than the names listed on Schedule 5.9 hereto (whether corporate or assumed) except for the names shown on Schedule “5.13(a)” attached hereto and made part hereof. Except to the extent that Borrower and each Subsidiary may conduct business under a name utilizing the work “Newtek” the ownership of which is with Guarantor, as applicable, 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 Borrower’s or such Subsidiary Guarantor’s sales, business and invoices. Each trade name of Borrower and each Subsidiary GuarantorBorrower, as applicableincluding business conducted under a name utilizing the work “Newtek”, represents an alternate name a division or trading style of Borrower or such Subsidiary Guarantor, as applicable, and not a separate Subsidiary or Affiliate or independent entity. (b) b. All registered trademarks, service marks, patents or copyrights which Borrower or any Subsidiary Guarantor uses, plans to use or has a right to use are shown on Schedule “5.13(b)” attached hereto and made part hereof, hereof and Borrower and such Subsidiary Guarantor, as applicable, 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)”. Borrower is not in violation of any rights of any other Person with respect to such Property. (c) c. Except as shown on Schedule “5.13(c)” attached hereto and made part hereof, (i) neither Borrower nor any Subsidiary Guarantor 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) to the best of Borrower’s knowledge, Agent 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, neither Borrower has not and no Subsidiary Guarantor nor any of its Subsidiaries has conducted business under or used any other name other than the names listed on Schedule 5.9 hereto (whether corporate or assumed) except for the names shown on Schedule “5.13(a)” ) attached hereto and made part hereof. Borrower and each Subsidiary Guarantor, as applicable, 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 Borrower’s or such Subsidiary Guarantor’s 's sales, business and invoices. Each trade name of Borrower and each Subsidiary Guarantor, as applicable, represents an alternate name a division or trading style of Borrower or such Subsidiary Guarantor, as applicable, and not a separate Subsidiary or Affiliate or independent entity. (b) All registered trademarks, service marks, patents or copyrights which Borrower or any Subsidiary Guarantor uses, plans to use or has a right to use are shown on Schedule “5.13(b)” ) attached hereto and made part hereof, hereof and Borrower and such Subsidiary Guarantor, as applicable, 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)”. 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) neither Borrower nor any Subsidiary Guarantor 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) to the best of Borrower’s knowledge, Agent 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. (d) Borrower shall promptly notify the Lender of any termination (prior to the end of its stated term), material amendment, material supplement or other material modification to the Dupont Agreement or the occurrence of a default in any material respect by the Borrower under the Dupont Agreement or, to the Borrower’s knowledge, by any other party to the Dupont Agreement.

Names and Intellectual Property. a. Within five (a5) years prior to the Closing Date, Borrower has not and no Subsidiary Guarantor has conducted business under or used any other name other than the names listed on Schedule 5.9 hereto (whether corporate or assumed) except for the names shown on Schedule “5.13(a)” Borrower’s Information Certificate attached hereto and made part hereof. Borrower and each Subsidiary Guarantor, as applicable, is the sole owner of all names listed on such Schedule “5.13(a)” Borrower’s Information Certificate and any and all business done and all invoices issued in such trade names are Borrower’s or such Subsidiary Guarantor’s 's sales, business and invoices. Each trade name of Borrower and each Subsidiary Guarantor, as applicable, represents an alternate name a division or trading style of Borrower or such Subsidiary Guarantor, as applicable, and not a separate Subsidiary or Affiliate or independent entity. (b) All registered b. Borrower is the sole owner or valid licensee of all trademarks, service marks, patents or copyrights which Borrower or any Subsidiary Guarantor uses, plans to use or has a right to use are shown on Schedule “5.13(b)” attached hereto and made part hereof, and Borrower and such Subsidiary Guarantor, as applicable, 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)”. Borrower is not in violation of any rights of any other Person with respect to such Propertythe Collateral. (c) c. Except as shown set forth on Schedule “5.13(c)” attached hereto and made part hereof, (i) neither Borrower nor any Subsidiary Guarantor 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; business and (ii) to the best of Borrower’s knowledge, Agent 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 and during the continuation of an Event of Default. d. Except for such claims and infringements that could not reasonably be expected to have a Material Adverse Effect, to Borrower’s knowledge, no claim has been asserted and is pending challenging or questioning the use of any trademarks or service marks or their validity and effectiveness, and, to Borrower’s knowledge, the use of any intellectual property rights by Borrower or any Subsidiary, the granting of a right or a license in respect of the intellectual property rights from Borrower or any Subsidiary, or any slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by Borrower or any Subsidiary does not infringe on any rights of any other Person.

Names and Intellectual Property. (a) Within five (5) years prior to the Closing Date, Borrower has not and no Subsidiary Guarantor has conducted business under or used any other name other than the names listed on Schedule 5.9 hereto (whether corporate or assumed) except for the names shown on Schedule “5.13(a)” attached hereto and made part hereof. Borrower and each Subsidiary Guarantor, as applicable, 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 Borrower’s or such Subsidiary Guarantor’s sales, business and invoices. Each trade name of Borrower and each Subsidiary Guarantor, as applicable, represents an alternate name a division or trading style of Borrower or and such Subsidiary Guarantor, as applicable, and not a separate Subsidiary or Affiliate or independent entity. (b) All registered trademarks, service marks, patents or copyrights which Borrower or any Subsidiary Guarantor uses, plans to use or has a right to use are shown on Schedule “5.13(b)” attached hereto and made part hereof, and Borrower and such Subsidiary Guarantor, as applicable, 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)”. 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) neither Borrower nor any Subsidiary Guarantor 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) to the best of Borrower’s knowledge, Agent 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.