Common use of No Intellectual Property Litigation Clause in Contracts

No Intellectual Property Litigation. To Sellers' knowledge, no -------------------------------------- claim or demand of any Person has been made nor is there any proceeding that is pending, or to the knowledge of Sellers, threatened, nor is there to Sellers' knowledge, a reasonable basis therefor, which (i) challenges the rights of Company in respect of any of the Intellectual Property, (ii) asserts that Company is infringing or otherwise in conflict with, or is, except as set forth in Disclosure Schedule 4.08.6(d), required to pay any royalty, license fee, charge or other amount with regard to, any Intellectual Property, or (iii) claims that any default exists under any agreement or arrangement regarding Intellectual Property. None of Company's Intellectual Property 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 years, whether or not resolved in favor of Company.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pomeroy Computer Resources Inc)

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No Intellectual Property Litigation. To Sellers' knowledgeExcept as set forth under Section 3.1.7 above, no -------------------------------------- claim or demand of any Person has been made nor is there there, to the knowledge of Seller, any proceeding that is pending, pending or to the knowledge of Sellers, threatened, nor is there to Sellers' knowledge, a reasonable basis therefor, which that (i) challenges the rights of Company the Seller and/or the Seller in respect of any of the Intellectual PropertyProperty Assets, (ii) asserts that Company the Seller is infringing or otherwise in conflict with, or is, except as set forth in Disclosure Schedule 4.08.6(d), required to pay any royalty, license fee, charge or other amount amount, with regard to, any Intellectual Property, or (iii) claims that any default exists under any agreement or arrangement regarding concerning any Intellectual PropertyProperty Assets. None of Company's 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 yearslitigation, whether or not resolved in favor of Companythe Seller.

Appears in 1 contract

Samples: Asset Purchase Agreement (XTX Energy Inc)

No Intellectual Property Litigation. To Sellers' knowledge, no -------------------------------------- claim or demand of any Person has been made nor is there any proceeding that is pending, or to the knowledge of Sellers, threatened, nor is there to Sellers' knowledge, a reasonable basis therefor, which (i) challenges the rights of Company in respect of any of the Intellectual Property, (ii) asserts that Company is infringing or otherwise in conflict with, or is, except as set forth in Disclosure Schedule 4.08.6(d), required to pay any royalty, license fee, charge or other amount with regard to, any Intellectual Property, or (iii) claims that any default exists under any agreement or arrangement regarding Intellectual Property. None of Company's Intellectual Property 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 years, whether or not resolved in favor of Company.

Appears in 1 contract

Samples: ` Stock Purchase Agreement (Pomeroy Computer Resources Inc)

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No Intellectual Property Litigation. To Sellers' knowledge, no -------------------------------------- ----------------------------------- claim or demand of any Person has been made nor is there any proceeding that is pending, or to the knowledge of Sellers, threatened, nor is there to Sellers' knowledge, a reasonable basis therefor, which (i) challenges the rights of Company in respect of any of the Intellectual Property, (ii) asserts that Company is infringing or otherwise in conflict with, or is, except as set forth in Disclosure Schedule 4.08.6(d), required to pay any royalty, license fee, charge or other amount with regard to, any Intellectual Property, or (iii) claims that any default exists under any agreement or arrangement regarding Intellectual Property. None of Company's Intellectual Property 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 years, whether or not resolved in favor of Company.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pomeroy Computer Resources Inc)

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