Notification of Infringement. Each party shall immediately notify the other party and provide to the other party all relevant background facts upon becoming aware of: (a) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with Licensor’s rights in the Licensed Marks or the rights granted to Licensee under this Agreement, (b) any infringements or misuse of the Licensed Marks in the Territory by any third party (“Third Party Infringement”) or (c) any claim that Licensee’s use of the Licensed Marks infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed Marks. Licensee shall cooperate with Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 9 contracts
Samples: License Agreement (Sound Point Meridian Capital, Inc.), Form of License Agreement (Eagle Point Institutional Income Fund), License Agreement (Panagram Capital, LLC)
Notification of Infringement. Each party shall immediately notify the other party and provide to the other party all relevant background facts upon becoming aware of: of (a) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with the Licensor’s rights in the Licensed Marks Mxxx or the rights granted to the Licensee under this Agreement, (b) any infringements or misuse of the Licensed Marks Mxxx in the Territory by any third party (“Third Party Infringement”) ), or (c) any claim that Licensee’s use of the Licensed Marks Mxxx infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, settle in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed MarksMxxx. Licensee shall cooperate with Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 5 contracts
Samples: Trademark License Agreement (Brightwood Capital Corp I), Trademark License Agreement (Golub Capital Direct Lending Unlevered LLC), Trademark License Agreement (Golub Capital Direct Lending LLC)
Notification of Infringement. Each party shall immediately notify the other party and provide to the other party all relevant background facts upon becoming aware of: of (a) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with the Licensor’s rights in the Licensed Marks Xxxx or the rights granted to the Licensee under this Agreement, (b) any infringements or misuse misuses of the Licensed Marks Xxxx in the Territory by any third party (“Third Party Infringement”) or (c) any claim that Licensee’s use of the Licensed Marks Xxxx infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). The Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, settle in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed MarksXxxx. The Licensee shall cooperate with the Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 4 contracts
Samples: Trademark License Agreement (NMF Senior Loan Fund I, Inc.), Trademark License Agreement (NMF Senior Loan Fund I, Inc.), Trademark License Agreement (New Mountain Guardian III BDC, L.L.C.)
Notification of Infringement. Each party shall immediately notify the other party and provide to the other party all relevant background facts upon becoming aware of: (a) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with Licensor’s rights in the Licensed Marks Xxxx or the rights granted to Licensee under this Agreement, (b) any infringements or misuse of the Licensed Marks Xxxx in the Territory by any third party (“Third Party Infringement”) or (c) any claim that Licensee’s use of the Licensed Marks Xxxx infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed MarksXxxx. Licensee shall cooperate with Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 4 contracts
Samples: Trademark License Agreement (Crescent Capital BDC, Inc.), Trademark License Agreement (WhiteHorse Finance, LLC), Trademark License Agreement (Crescent Capital Finance Group, Inc.)
Notification of Infringement. Each party shall immediately notify the other party and provide to the other party all relevant background facts upon becoming aware of: of (a) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with the Licensor’s rights in the Licensed Marks Xxxx or the rights granted to the Licensee under this Agreement, (b) any infringements or misuse of the Licensed Marks Xxxx in the Territory by any third party (“Third Party Infringement”) ), or (c) any claim that Licensee’s use of the Licensed Marks Xxxx infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, settle in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed MarksXxxx. Licensee shall cooperate with Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 4 contracts
Samples: Trademark License Agreement (Golub Capital BDC 4 LLC), Trademark License Agreement (Steele Creek Capital Corp), Trademark License Agreement (Palmer Square Capital BDC Inc.)
Notification of Infringement. Each party shall immediately promptly notify the other party and provide to the other party all relevant background facts upon becoming aware of: of (a) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with the Licensor’s rights in the Licensed Marks Mark or the rights granted to the Licensee under this Agreement, (b) any infringements or misuse misuses of the Licensed Marks Mark in the Territory by any third party (“Third Party Infringement”) or (c) any claim that Licensee’s use of the Licensed Marks Mark infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). The Licensor shall have the exclusive right, but but, except as set forth in Section 2.4 with respect to Third Party Claims, not the obligation, to prosecute, defend and/or settle, settle in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the defense, protection and preservation of its rights in the Licensed MarksMark. The Licensee shall cooperate with Licensor the Licensor, at Licensor’s expense, in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 2 contracts
Samples: Trademark License Agreement (Poolit Imagine Fund I, Inc.), Trademark License Agreement (Poolit Horizon Fund I, Inc.)
Notification of Infringement. Each party shall immediately notify the other party and provide to the other party all relevant background facts upon becoming aware of: of (a) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with the Licensor’s rights in the Licensed Marks Mark or the rights granted to the Licensee under this Agreement, (b) any infringements or misuse misuses of the Licensed Marks Mark in the Territory by any third party (“Third Party Infringement”) or (c) any claim that Licensee’s use of the Licensed Marks Mark infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). The Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, settle in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed MarksMark. The Licensee shall cooperate with the Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 2 contracts
Samples: Trademark License Agreement (New Mountain Guardian IV Income Fund, L.L.C.), Trademark License Agreement (New Mountain Guardian IV Unlevered BDC, L.L.C.)
Notification of Infringement. Each party shall immediately notify the other party and provide to the other party all relevant background facts upon becoming aware of: of (ai) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with Licensor’s rights in the Licensed Marks Mark or the rights granted to Licensee under this Agreement, (bii) any infringements or misuse of the Licensed Marks Mark in the Territory by any third party (“Third Party Infringement”) ), or (ciii) any claim that Licensee’s use of the Licensed Marks Mark infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed MarksMark. Licensee shall cooperate with Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 2 contracts
Samples: Trademark License Agreement (OFS Credit Company, Inc.), Trademark License Agreement (OFS Capital Corp)
Notification of Infringement. Each party Party shall immediately notify the other party Parties and provide to the other party Parties all relevant background facts upon becoming aware of: (a) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with a Licensor’s rights in the Licensed Marks or the rights granted to the Licensee under this Agreement, ; (b) any infringements or misuse of the Licensed Marks in the Territory by any third party (“Third Party Infringement”) ); or (c) any claim or allegation that the Licensee’s use of the Licensed Marks infringes or violates the intellectual property rights of any third party in the Territory (“Third Party Claim”). Licensor Each of FSH and KKR shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in with respect to the Licensed FSH Marks and the KKR Marks, respectively. The Licensee shall cooperate with Licensor FSH or KKR, as applicable, in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 2 contracts
Samples: Trademark License Agreement (KKR FS Income Trust Select), Form of Trademark License Agreement (KKR FS Income Trust)
Notification of Infringement. Each party shall immediately notify the other party and provide to the other party all relevant background facts upon becoming aware of: of (ai) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with Licensor’s rights in the Licensed Marks Xxxx or the rights granted to Licensee under this Agreement, (bii) any infringements or misuse of the Licensed Marks Xxxx in the Territory by any third party (“Third Party Infringement”) ), or (ciii) any claim that Licensee’s use of the Licensed Marks Xxxx infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed MarksXxxx. Licensee shall cooperate with Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 1 contract
Notification of Infringement. Each party shall immediately notify the other party and provide to the other party all relevant background facts upon becoming aware of: (a) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with Licensor’s rights in the Licensed Marks or the rights granted to Licensee under this Agreement, ; (b) any infringements or misuse of the Licensed Marks in the Territory by any third party (“Third Party Infringement”) ); or (c) any claim that Licensee’s use of the Licensed Marks infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed Marks. Licensee shall cooperate with Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 1 contract
Notification of Infringement. Each party shall immediately notify the other party and provide to the other party all relevant background facts upon becoming aware of: of (a) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with the Licensor’s rights in the Licensed Marks Mark or the rights granted to the Licensee under this Agreement, (b) any infringements or misuse of the Licensed Marks Mark in the Territory by any third party (“Third Party Infringement”) ), or (c) any claim that Licensee’s use of the Licensed Marks Mark infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, settle in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed MarksMark. Licensee shall cooperate with Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 1 contract
Samples: Trademark License Agreement (Golub Capital Private Credit Fund)
Notification of Infringement. Each party shall immediately notify the other party parties and provide to the other party parties all relevant background facts upon becoming aware of: of (a) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with the Licensor’s rights in the Licensed Marks Xxxx or the rights granted to Licensee the Licensees under this Agreement, (b) any infringements or misuse misuses of the Licensed Marks Xxxx in the Territory by any third party (“Third Party Infringement”) or (c) any claim that Licensee’s Licensees’ use of the Licensed Marks Xxxx infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). The Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, settle in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed MarksXxxx. Licensee The Licensees shall cooperate with the Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 1 contract
Samples: Trademark License Agreement (New Mountain Finance Corp)
Notification of Infringement. Each party shall immediately notify the other party and provide to the other party all relevant background facts upon becoming aware of: of (a) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with the Licensor’s rights in the Licensed Marks Mxxx or the rights granted to the Licensee under this Agreement, (b) any infringements or misuse misuses of the Licensed Marks Mxxx in the Territory by any third party (“Third Party Infringement”) or (c) any claim that Licensee’s use of the Licensed Marks Mxxx infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). The Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, settle in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed MarksMxxx. The Licensee shall cooperate with the Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.
Appears in 1 contract
Samples: Trademark License Agreement (New Mountain Guardian IV BDC, L.L.C.)