Common use of No Third Person Infringement Clause in Contracts

No Third Person Infringement. Since May 16, 2018, the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a whole.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Pluralsight, Inc.), Agreement and Plan of Merger (Pluralsight, Inc.)

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No Third Person Infringement. Since May 16January 1, 20182017, the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a whole.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Innophos Holdings, Inc.), Agreement and Plan of Merger (Monotype Imaging Holdings Inc.)

No Third Person Infringement. Since May 16August 14, 20182020, the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a whole.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Vista Equity Partners Fund Viii, L.P.), Agreement and Plan of Merger (Duck Creek Technologies, Inc.)

No Third Person Infringement. Since May 16January 1, 20182017, the no Group Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting misappropriating or otherwise violating any material Company Group Intellectual PropertyProperty Right, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the CompanySeller, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a wholeoccurring.

Appears in 2 contracts

Samples: Share Exchange Agreement (Legacy Acquisition Corp.), Share Exchange Agreement (Legacy Acquisition Corp.)

No Third Person Infringement. Since May 16January 1, 20182014, neither the Company Group nor any of its Subsidiaries has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting misappropriating or otherwise violating any material Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Groupand its Subsidiaries, taken as a whole.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Marketo, Inc.), Agreement and Plan of Merger (Cvent Inc)

No Third Person Infringement. Since May 16January 1, 20182016, the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a whole.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Omnicomm Systems Inc)

No Third Person Infringement. Since May 16, 2018, Neither the Company Group nor any of its Subsidiaries has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting misappropriating or otherwise violating any material Company Intellectual Property, and, except Property and the matter remains unresolved as would not have a Company Material Adverse Effect, to of the date of this Agreement. To the Knowledge of the Company, no such activity has or is occurring that has resulted or could reasonably be expected to result in a material liability to the Company Groupand its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Natus Medical Inc)

No Third Person Infringement. Since May 16Except as set forth in Section 4.16(f) of the Company Disclosure Letter, 2018since January 1, 2017 through December 4, 2019, no member of the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material items of Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted as of December 4, 2019, except, in each case, as would not constitute a material liability to the Company Group, taken as a wholeMaterial Adverse Effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Instructure Inc)

No Third Person Infringement. Since May 16October 1, 20182014, the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a whole.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nutraceutical International Corp)

No Third Person Infringement. Since May 16Except as would not have a Company Material Adverse Effect, 2018since December 30, 2013, (i) neither the Company Group nor any of its Subsidiaries has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting misappropriating or otherwise violating any material Company Intellectual Property, and, except Property and the matter remains unresolved as would not have a Company Material Adverse Effect, of the date of this Agreement; and (ii) to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Groupand its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Blue Nile Inc)

No Third Person Infringement. Since May 16January 1, 20182020, the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material Company Intellectual Property, and, except as would not have be material to the business of the Company Group, taken as a Company Material Adverse Effectwhole and, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a whole.

Appears in 1 contract

Samples: Agreement and Plan of Merger (EngageSmart, Inc.)

No Third Person Infringement. Since May 16September 22, 20182016, the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a whole.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Apptio Inc)

No Third Person Infringement. Since May 16December 31, 20182016, the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material items of Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted as of the date of this Agreement, except, in each case, as would not have a material liability to the Company Group, taken as a wholeMaterial Adverse Effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ellie Mae Inc)

No Third Person Infringement. Since May 16Except as set forth in Section 3.16(f) of the Company Disclosure Letter, 2018since January 1, 2017 through the Agreement Date, no member of the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material items of Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted as of Agreement Date, except, in each case, as would not constitute a material liability to the Company Group, taken as a wholeMaterial Adverse Effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Instructure Inc)

No Third Person Infringement. Since May 16July 1, 20182015, the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a whole.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Xactly Corp)

No Third Person Infringement. Since May 16January 1, 20182015, neither the Company Group nor any of its Subsidiaries has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting misappropriating or otherwise violating any material Company Intellectual Property, Property and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Groupand its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rocket Fuel Inc.)

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No Third Person Infringement. Since May 16December 31, 20182017, the no Acquired Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material items of Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted as of the date of this Agreement, except, in each case, as would not have a material liability to the Company Group, taken as a wholeMaterial Adverse Effect.

Appears in 1 contract

Samples: Stock Purchase Agreement (Intercontinental Exchange, Inc.)

No Third Person Infringement. Since May 16January 1, 20182016, the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a whole.

Appears in 1 contract

Samples: Agreement and Plan of Merger (MINDBODY, Inc.)

No Third Person Infringement. Since May 16January 1, 20182016, neither the Company Group nor any of its Subsidiaries has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting misappropriating or otherwise violating any material Company Intellectual PropertyProperty Right, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a wholeoccurring.

Appears in 1 contract

Samples: Business Combination Agreement (Cogint, Inc.)

No Third Person Infringement. Since May 16Except as would not have a Company Material Adverse Effect, 2018since January 30, 2021, the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a wholeoccurring.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Chico's Fas, Inc.)

No Third Person Infringement. Since May 16December 1, 20182012, neither the Company Group nor any of its Subsidiaries has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting misappropriating or otherwise violating any material Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Groupand its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tibco Software Inc)

No Third Person Infringement. Since May 16January 1, 20182017, except as set forth on Section 2.15(i) of the Company Group Disclosure Letter, neither the Company nor any of its Subsidiaries has not provided any third Third Person with written notice claiming that such third Third Person is infringing, misappropriatingmisappropriating or otherwise violating any Company Intellectual Property, diluting and, to the Company’s Knowledge, no Third Person is infringing, misappropriating or otherwise violating any material Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a whole.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Roper Technologies Inc)

No Third Person Infringement. Since May 16Except as set forth in Section 3.16(f) of the Company Disclosure Letter, 2018in the past six (6) years, no member of the Company Group has not provided any third Third Person with written notice claiming that such third Third Person is infringing, misappropriating, diluting or otherwise violating any material Company Intellectual PropertyProperty in any material respect, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that occurring, or has resulted occurred in a material liability to the Company Group, taken as a wholepast six (6) years.

Appears in 1 contract

Samples: Agreement and Plan of Merger

No Third Person Infringement. Since May 16January 1, 20182017, the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted in a material liability to the Company Group, taken as a whole.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mobileiron, Inc.)

No Third Person Infringement. Since May 16Except as set forth in Section 3.16(f) of the Company Disclosure Letter, 2018since January 1, 2019 through the date hereof, no member of the Company Group has not provided any third Person with written notice claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material items of Company Intellectual Property, and, except as would not have a Company Material Adverse Effect, to the Knowledge of the Company, no such activity is occurring that has resulted as of the date hereof, except, in each case, as would not constitute a material liability to the Company Group, taken as a wholeMaterial Adverse Effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (RealPage, Inc.)

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