Common use of No Intellectual Property Litigation Clause in Contracts

No Intellectual Property Litigation. No claim or demand of any Person has been made nor is there any proceeding that is pending, or to the Knowledge of the Shareholders, threatened, which (i) challenges the rights of any Acquired Company in respect of any Owned Intellectual Property, (ii) asserts that any Acquired Company is infringing or otherwise in conflict with, or is, except as set forth in Schedule 4.17(d), required to pay any royalty, license fee, charge or other amount with regard to, any Intellectual Property Asset in the United States, or (iii) claims that any default exists under any agreement or arrangement listed on Schedule 4.17(d). None of the Intellectual Property Assets is subject to any outstanding order, ruling, decree, judgment or stipulation by or with any court, arbitrator, or administrative agency, or has been the subject of any litigation within the last five (5) years, whether or not resolved in favor of the Acquired Companies.

Appears in 1 contract

Samples: Stock Purchase Agreement (Tba Entertainment Corp)

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No Intellectual Property Litigation. No claim or demand of any Person person has been made nor is there any proceeding that is pending, or to the Knowledge knowledge of the ShareholdersAcme after due inquiry, threatened, nor is there a reasonable basis therefor, which (i) challenges the rights of any Acquired Company Acme in respect of any Owned Intellectual PropertyProperty Assets, (ii) asserts that any Acquired Company Acme is infringing or otherwise in conflict with, or is, except as set forth in Schedule 4.17(d3.1.19(d), required to pay any royalty, license fee, charge or other amount with regard to, any Intellectual Property Asset in the United StatesProperty, or (iii) claims that any default exists under any agreement or arrangement listed on Schedule 4.17(d3.1.19(d). None of the Intellectual Property Assets is subject to any outstanding order, ruling, decree, judgment or stipulation by or with any court, arbitrator, or administrative agency, or nor has been the subject of any litigation within the last five (5) years, whether or not resolved in favor of the Acquired CompaniesAcme.

Appears in 1 contract

Samples: Asset Purchase Agreement (Medical Action Industries Inc)

No Intellectual Property Litigation. No claim or demand of any Person has been made nor is there any proceeding that is pending, or to the Knowledge knowledge of the ShareholdersSeller after due inquiry, threatened, nor is there a reasonable basis therefor, which (i) challenges the rights of any Acquired Company the Seller in respect of any Owned Intellectual PropertyProperty Assets, (ii) asserts that any Acquired Company the Seller is infringing or otherwise in conflict with, or is, except as set forth in Schedule 4.17(d3.1.13(d), required to pay any royalty, license fee, charge or other amount with regard to, any Intellectual Property Asset in the United StatesProperty, or (iii) claims that any default exists under any agreement or arrangement listed on Schedule 4.17(d3.1.13(d). None of the Intellectual Property Assets is subject to any outstanding order, ruling, decree, judgment or stipulation by or with any court, arbitrator, or administrative agency, or has been the subject of any litigation within the last five (5) years, whether or not resolved in favor of the Acquired CompaniesSeller.

Appears in 1 contract

Samples: Asset Purchase Agreement (Wpi Group Inc)

No Intellectual Property Litigation. No claim or demand of any Person person has been made nor is there any proceeding that is pending, or to the Knowledge knowledge of the ShareholdersMaxxim after due inquiry, threatened, nor is there a reasonable basis therefor, which (i) challenges the rights of any Acquired Company Maxxim in respect of any Owned Intellectual PropertyProperty Assets, (ii) asserts that any Acquired Company Maxxim is infringing or otherwise in conflict with, or is, except as set forth in Schedule 4.17(d3.1.19(e), required to pay any royalty, license fee, charge or other amount with regard to, any Intellectual Property Asset in the United StatesProperty, or (iii) claims that any default exists under any agreement or arrangement listed on Schedule 4.17(d3.1.19(e). None of the Intellectual Property Assets is subject to any outstanding order, ruling, decree, judgment or stipulation by or with any court, arbitrator, or administrative agency, or nor has been the subject of any litigation within the last five (5) years, whether or not resolved in favor of the Acquired CompaniesMaxxim.

Appears in 1 contract

Samples: Asset Purchase Agreement (Medical Action Industries Inc)

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No Intellectual Property Litigation. No Except as set forth in Section 3.16(d) of the Seller Disclosure Schedule, no claim or demand of any Person has been made nor is there any proceeding that is pending, or to the Knowledge knowledge of Acuitrek and the ShareholdersSellers, threatened, nor is there a reasonable basis therefor, which (i) challenges the rights of any Acquired Company Acuitrek in respect of any Owned Intellectual Property, (ii) asserts that any Acquired Company Acuitrek is infringing or otherwise in conflict with, or is, except as set forth in Schedule 4.17(d), is required to pay any royalty, license fee, charge or other amount with regard to, any Intellectual Property Asset in the United StatesProperty, or (iii) claims that any default exists under any agreement or arrangement listed on Schedule 4.17(d)in the Seller Disclosure Schedule. None of the Intellectual Property Assets is subject to any outstanding order, ruling, decree, judgment or stipulation by or with any court, arbitrator, or administrative agency, or has been the subject of any litigation within the last five (5) years, whether or not resolved in favor of the Acquired CompaniesAcuitrek.

Appears in 1 contract

Samples: Stock Purchase Agreement (Unify Corp)

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