Common use of No Use of Certain Names Clause in Contracts

No Use of Certain Names. The Purchaser shall cause the Companies and their Subsidiaries promptly, and in any event within 90 days after the Closing Date, to (a) revise print advertising and product labeling to delete all references to the Names, (b) change signage and stationery to delete all reference to the Names, and (c) otherwise discontinue use of the Names; provided, however, that for a period of 150 days after the Closing Date, the Companies and their Subsidiaries may continue to distribute product literature that uses any Names and distribute products with labeling that uses any Names to the extent that such product literature and labeling exists or is in the process of creation on the Closing Date and the Purchaser has marked, or have caused the Companies and their Subsidiaries to xxxx, such product literature and such labeling to obliterate the Names. In no event shall the Companies and their Subsidiaries use any Names after the Closing in any manner or for any purpose different from the use of such Names by the Companies and their Subsidiaries, as the case may be, during the 90-day period preceding the Closing Date. With respect to inventory manufactured by the Companies and their Subsidiaries prior to the Closing, the Companies and their Subsidiaries may continue to sell such inventory, notwithstanding that it bears one or more of the Names, for a reasonable time after the Closing Date, which shall in no event exceed 150 days. As promptly as practicable, but in no event later than 150 days after the Closing Date, the Purchaser shall cause the Companies and their Subsidiaries to file applications to amend or terminate any certificate of assumed name, d/b/a, or foreign filings so as to eliminate the right of the Companies and their Subsidiaries to use the Names. Immediately prior to the Closing, the Sellers shall cause the names of the Companies and their Subsidiaries (in each case, to the extent they make use of the Names) to be changed to names (that do not include the Names or are confusingly similar to the Names or any portion thereof) selected by the Purchaser.

No Use of Certain Names. The Purchaser shall cause the Companies Acquired Company and their Subsidiaries each subsidiary of the Acquired Company promptly, and in any event (a) within 90 days after the Closing DateClosing, to (a) revise print advertising and product labeling to delete all references to the NamesNames (as defined below), except to the extent such use is permitted under the License Agreement dated as of April 29, 2002, between the Acquired Company, on the one hand, and Widia GmbH, Widia Nederland B.V., Milacron Iberica S.L., Milacron U.K. Ltd., Milacron France SAS and Widia Italia S.r.l., on the other hand (the "License Agreement") and (b) within 60 days after the Closing, to change Internet domain names and websites, signage and stationery to delete all reference the extent necessary to the Names, and (c) otherwise discontinue use of the Names; providedNames for all corporate identification purposes. Purchaser agrees that it will not order any new print advertising, howeverproduct labeling, that for a period of 150 days signage or stationery, or create any new information or other materials, which uses the Names after the Closing DateClosing, the Companies and their Subsidiaries may continue to distribute product literature that uses any Names and distribute products except with labeling that uses any Names respect to the extent that such product literature and labeling exists or is use of the Names permitted under the License Agreement. Except as otherwise provided in the process of creation on the Closing Date and the Purchaser has markedLicense Agreement, or have caused the Companies and their Subsidiaries to xxxx, such product literature and such labeling to obliterate the Names. In in no event shall Purchaser, the Companies and Acquired Company or their Subsidiaries respective subsidiaries use any Names after the Closing in any manner or for any purpose different from the use of such Names by the Companies Acquired Company and their Subsidiariesits subsidiaries, as the case may be, during the 90-day period preceding the Closing DateClosing. With respect to inventory manufactured by the Companies and their Subsidiaries prior to Within 30 days after the Closing, the Companies and their Subsidiaries may continue to sell such inventory, notwithstanding that it bears one or more of the Names, for a reasonable time after the Closing Date, which shall in no event exceed 150 days. As promptly as practicable, but in no event later than 150 days after the Closing Date, the Purchaser shall cause the Companies Acquired Company and their Subsidiaries each subsidiary of the Acquired Company to file applications to amend or terminate any certificate of assumed name, name or d/b/a, a or foreign filings so as to eliminate the right of the Companies Acquired Company and their Subsidiaries its subsidiaries to use the NamesNames for corporate identification purposes. Immediately prior to the Closing, the Sellers Seller shall cause the names of the Companies Acquired Company and their Subsidiaries each subsidiary of the Acquired Company (in each case, to the extent they make use of the Names) to be changed to names (that do not include the Names or are confusingly similar to the Names or any portion thereofNames) selected by the Purchaser. "Names" means "Milacron", "Widia", "Werko", "Cimcool", "Milpro", "Widacool" or any name, logo or trademark that includes "Milacron", "Widia", "Werko", "Cimcool", "Milpro" or "Widacool", any variations and derivatives thereof and any other logos or trademarks of Seller or its affiliates not included in Schedule 2.09.

No Use of Certain Names. The (a) Purchaser shall cause the Companies each Acquired Company and their Subsidiaries each subsidiary of an Acquired Company promptly, and in any event (i) within 90 days after the Closing DateClosing, to (a) revise print advertising and product labeling to delete all references to the NamesMilacron Names (as defined below), except to the extent such use is permitted under the License Agreement and (bii) within 60 days after the Closing, to change Internet domain names and websites, signage and stationery to delete all reference to the Names, and (c) otherwise discontinue use of the Names; providedMilacron Names for corporate identification purposes. Purchaser agrees that it will not order any new print advertising, howeverproduct labeling, that for a period of 150 days signage or stationery, or create any new information or other materials, which uses the Milacron Names after the Closing DateClosing, the Companies and their Subsidiaries may continue to distribute product literature that uses any Names and distribute products except with labeling that uses any Names respect to the extent that such product literature and labeling exists or is use of Milacron Names permitted under the License Agreement. Except as otherwise provided in the process of creation on the Closing Date and the Purchaser has markedLicense Agreement, or have caused the Companies and their Subsidiaries to xxxx, such product literature and such labeling to obliterate the Names. In in no event shall Purchaser, the Acquired Companies and or their Subsidiaries respective subsidiaries use any Milacron Names after the Closing in any manner or for any purpose different from the use of such Milacron Names by the Acquired Companies and their Subsidiariesrespective subsidiaries, as the case may be, during the 90-day period preceding the Closing DateClosing. With respect to inventory manufactured by the Companies and their Subsidiaries prior to Within 60 days after the Closing, the Companies and their Subsidiaries may continue to sell such inventory, notwithstanding that it bears one or more of the Names, for a reasonable time after the Closing Date, which shall in no event exceed 150 days. As promptly as practicable, but in no event later than 150 days after the Closing Date, the Purchaser shall cause the Companies each Acquired Company and their Subsidiaries each subsidiary of an Acquired Company to file applications to amend or terminate any certificate of assumed name, name or d/b/a, a or foreign non-U.S. filings so as to eliminate the right of the Acquired Companies and their Subsidiaries respective subsidiaries to use the NamesMilacron Names for corporate identification purposes. Immediately prior to the Closing, the Sellers Seller shall cause the names of the Companies each Acquired Company and their Subsidiaries each subsidiary of an Acquired Company (in each case, to the extent they make use of the Milacron Names) to be changed to names (that do not include the Names or are confusingly similar to the Names or any portion thereofMilacron Names) selected by the Purchaser. "Milacron Names" means "Milacron", "Valenite", "Modco" or any name, symbol, logo or trademark that includes "Milacron", "Valenite" or "Modco", any variations and derivatives thereof and any other names, logos, symbols or trademarks of Parent, Seller or their respective affiliates not included in Schedule 2.08.

No Use of Certain Names. The (a) Purchaser shall will, and will cause its affiliates and the Companies and their Subsidiaries Business, promptly, and in any event within 90 180 days after the Closing DateClosing, to (a) revise signage, stationery, print advertising and advertising, product labeling and all other information or other materials, including any internet or other electronic communications vehicles, to delete all references to the Names, (b) change signage Excluded Marks and stationery to delete all reference to the Names, and (c) otherwise discontinue use of the NamesExcluded Marks except as otherwise permitted by this Section 11.02; provided, however, that that the foregoing shall not restrict Purchaser, any of its affiliates, or the Business from (a) for a period of 150 180 days after the Closing DateClosing, the Companies and their Subsidiaries may continue continuing to distribute product literature relating to the Business that uses any Names and distribute products with labeling that uses any Names of the Excluded Marks to the extent that such product literature exists as of Closing and labeling exists (b) continuing to use and distribute Transferred Inventory and Inventory produced by Seller or is co-packed under Seller’s direction pursuant to the Transition Services Agreement in each case bearing marks as of the process last day of creation on the Closing Date and final Transition Period (as defined under the Purchaser has markedTransition Services Agreement) for up to one year following the end of the final Transition Period, notwithstanding that such Inventory bears one or have caused more of the Companies and their Subsidiaries to xxxx, such product literature and such labeling to obliterate the NamesExcluded Marks. In no event shall will Purchaser, any of its affiliates or the Companies and their Subsidiaries Business use any Names of the Excluded Marks after the Closing in any manner or for any purpose different from the use of such Names Excluded Marks by Seller and the Companies and their Subsidiaries, as the case may be, Seller Parties during the 90-day period preceding the Closing Date. With respect to inventory manufactured by the Companies and their Subsidiaries prior to Closing. (b) Following the Closing, Seller shall cause Gigante Verde S. de X.X. de C.V. and each other affiliate of the Companies Seller whose corporate, limited liability company, doing business as or other name includes the words “Green Giant” (in any language), or any variant thereof, to change its corporate name, limited liability company, doing business as or other name, as the case may be, effective as promptly as practicable following the Closing Date to a name that does not include “Green Giant” (in any language), or any variant thereof, except in each case as permitted by the Intellectual Property License. For the avoidance of doubt, the parties acknowledge that Green Giant International, LLC, a Delaware limited liability company and their Subsidiaries affiliate of the Seller, utilizes the “Green Giant” name in connection with activities permitted under the Intellectual Property License and, subject to compliance with the Intellectual Property License, may continue to sell such inventory, do so notwithstanding that it bears one or more of the Names, for a reasonable time after the Closing Date, which shall in no event exceed 150 days. As promptly as practicable, but in no event later than 150 days after the Closing Date, the Purchaser shall cause the Companies and their Subsidiaries to file applications to amend or terminate any certificate of assumed name, d/b/a, or foreign filings so as to eliminate the right of the Companies and their Subsidiaries to use the Names. Immediately prior to the Closing, the Sellers shall cause the names of the Companies and their Subsidiaries (in each case, to the extent they make use of the Names) to be changed to names (that do not include the Names or are confusingly similar to the Names or any portion thereof) selected by the Purchaserthis Section 11.02(b).