Common use of No Third Person Infringement Clause in Contracts

No Third Person Infringement. Except as set forth in Section 3.15(g) of the Company Disclosure Letter, since January 1, 2020, neither the Company nor any of its Subsidiaries has provided any third Person with written notice (including any cease & desist letter, invitation to license or indemnity claim) claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any items of Company Intellectual Property, and, to the Knowledge of the Company, no such activity is occurring as of the date hereof, except as would not constitute a Company Material Adverse Effect.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (True Wind Capital, L.P.), Agreement and Plan of Merger (Zix Corp), Agreement and Plan of Merger (Open Text Corp)

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No Third Person Infringement. Except as set forth in Section 3.15(g3.16(f) of the Company Disclosure Letter, since January 1, 20202019 through the date hereof, neither no member of the Company nor any of its Subsidiaries Group has provided any third Person with written notice (including any cease & desist letter, invitation to license or indemnity claim) claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material items of Company Intellectual Property, and, to the Knowledge of the Company, no such activity is occurring as of the date hereof, except except, in each case, as would not constitute a Company Material Adverse Effect.

Appears in 1 contract

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

No Third Person Infringement. Except as set forth in Section 3.15(g) of the would not have a Company Disclosure LetterMaterial Adverse Effect, since January 1December 30, 20202013, (i) neither the Company nor any of its Subsidiaries has provided any third Person with written notice (including any cease & desist letter, invitation to license or indemnity claim) claiming that such third Person is infringing, misappropriating, diluting misappropriating or otherwise violating any items of material Company Intellectual Property, and, Property and the matter remains unresolved as 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 and its Subsidiaries, taken as of the date hereof, except as would not constitute a Company Material Adverse Effectwhole.

Appears in 1 contract

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

No Third Person Infringement. Except as set forth in Section 3.15(g3.16(f) of the Company Disclosure Letter, since January 1, 20202017 through the Agreement Date, neither no member of the Company nor any of its Subsidiaries Group has provided any third Person with written notice (including any cease & desist letter, invitation to license or indemnity claim) claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material items of Company Intellectual Property, and, to the Knowledge of the Company, no such activity is occurring as of the date hereofAgreement Date, except except, in each case, as would not constitute a Company Material Adverse Effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Instructure Inc)

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No Third Person Infringement. Except as set forth in Section 3.15(g4.16(f) of the Company Disclosure Letter, since January 1, 20202017 through December 4, neither 2019, no member of the Company nor any of its Subsidiaries Group has provided any third Person with written notice (including any cease & desist letter, invitation to license or indemnity claim) claiming that such third Person is infringing, misappropriating, diluting or otherwise violating any material items of Company Intellectual Property, and, to the Knowledge of the Company, no such activity is occurring as of the date hereofDecember 4, except 2019, except, in each case, as would not constitute a Company Material Adverse Effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Instructure Inc)

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