Common use of Patents and Trademarks Clause in Contracts

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights which are necessary for use in connection with its business and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of any of the Intellectual Property Rights.

Appears in 14 contracts

Samples: Convertible Debenture Purchase Agreement (JNC Opportunity Fund LTD), Convertible Debenture Purchase Agreement (JNC Opportunity Fund LTD), Convertible Debenture Purchase Agreement (Innovacom Inc)

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Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary or material for use in connection with its business business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")Effect. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 8 contracts

Samples: Convertible Preferred Stock Purchase Agreement (I Link Inc), Preferred Stock Purchase Agreement (Neotherapeutics Inc), Stock Purchase Agreement (Compositech LTD)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights which are necessary for use in connection with its business and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property RightsINTELLECTUAL PROPERTY RIGHTS"). To the best knowledge of the Company, there is no existing infringement of on any of the Intellectual Property Rights.

Appears in 8 contracts

Samples: Convertible Debenture Purchase Agreement (Fix Corp International Inc), Convertible Debenture Purchase Agreement (Fix Corp International Inc), Convertible Debenture Purchase Agreement (Fix Corp International Inc)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "INTELLECTUAL PROPERTY RIGHTS") which are necessary or material for use in connection with its business business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")Effect. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 6 contracts

Samples: Convertible Debenture Purchase Agreement (Intelligent Medical Imaging Inc), Securities Purchase Agreement (Thrustmaster Inc), Convertible Debenture Purchase Agreement (Thrustmaster Inc)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary for use in connection with its business business, as currently conducted and as described in the SEC Documents, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")Effect. To the best knowledge of the Company, there is no existing infringement by another Person of any of the Intellectual Property RightsRights which are necessary for use in connection with the Company's business.

Appears in 4 contracts

Samples: Convertible Debenture Purchase Agreement (Possis Medical Inc), Securities Purchase Agreement (Iat Multimedia Inc), Convertible Preferred Stock Purchase Agreement (Usci Inc)

Patents and Trademarks. The Company hasand its Subsidiaries have, or has have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary or material for use in connection with its business their respective business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")Effect. To the best knowledge of the Company, Company all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Fidelity Holdings Inc), Securities Purchase Agreement (Fidelity Holdings Inc), Securities Purchase Agreement (Fidelity Holdings Inc)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary for use in connection with its business business, as currently conducted and as described in the SEC Documents, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of any of the Intellectual Property RightsEffect.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Diversified Senior Services Inc), Securities Purchase Agreement (Imaging Technologies Corp/Ca), Securities Purchase Agreement (Imaging Technologies Corp/Ca)

Patents and Trademarks. The Company has, owns or has rights a valid right to use, use all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses trade secrets, information and other proprietary rights which are necessary for use in connection with its business and which the failure to so have would have a Material Adverse Effect processes (collectively, the "Intellectual Property Rights")”) necessary for its business as now conducted. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another person of any of the Intellectual Property Rights.

Appears in 3 contracts

Samples: Subscription Agreement and Investment Letter (PetVivo Holdings, Inc.), Subscription Agreement and Investment Letter (PetVivo Holdings, Inc.), Subscription Agreement and Investment Letter (PetVivo Holdings, Inc.)

Patents and Trademarks. The Company has, or has the rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and other similar intellectual property rights which are necessary or material for use in connection with its business and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of any of the Intellectual Property Rights.

Appears in 2 contracts

Samples: Note and Purchase Agreement (Parallax Health Sciences, Inc.), Note and Purchase Agreement (Parallax Health Sciences, Inc.)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which the Company reasonably believes are necessary for use in connection with its business business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")Effect. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property RightsRights that is reasonably likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Convertible Preferred Stock Purchase Agreement (Ecogen Inc), Convertible Preferred Stock Purchase Agreement (Ecogen Inc)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the “Intellectual Property Rights”) which are necessary for use in connection with its business and business, or which the failure to do so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")Effect. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Fonix Corp), Securities Purchase Agreement (Fonix Corp)

Patents and Trademarks. The Company hasand the Subsidiaries have, or has have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and other similar rights which are necessary or material for use in connection with its business their respective businesses as described in the SEC Reports and which the failure to so have would could have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of any of the Intellectual Property Rights.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Workstream Inc), Securities Purchase Agreement (Workstream Inc)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary for use in connection with its business and which the failure to so have would have a Material Adverse Effect (collectivelyEffect. Except as disclosed in Schedule 3.1(s), the "Intellectual Property Rights"). To to the best knowledge of the Company, there is no existing infringement by another Person of any of the Intellectual Property RightsRights which are necessary for use in connection with its business.

Appears in 2 contracts

Samples: Convertible Preferred Stock Purchase Agreement (Vasomedical Inc), Convertible Preferred Stock Purchase Agreement (Vasomedical Inc)

Patents and Trademarks. The Company has, owns or has possesses all rights to use, use all patents, patent applicationsrights or licenses, inventions, collaborative research agreements, trade secrets, know-how, trademarks, trademark applications, service marks, trade names, copyrights, licenses names and rights copyrights which are necessary for use to conduct its businesses as described in connection with the Company’s Public Filings. Except as set forth in the Company’s Public Filings or in Section 3.9 of the Schedule of Exceptions, The Company has not received any written communications alleging that the Company has violated or, by conducting its business and which the failure to so have as proposed, would have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of violate any of the Intellectual Property Rights.of any other person or entity. Compliance with

Appears in 2 contracts

Samples: Stock Purchase Agreement (Utstarcom Inc), Stock Purchase Agreement (Interwave Communications International LTD)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary for use in connection with its business business, as currently conducted and as described in the SEC Documents, and which the failure to so have would have a Material Adverse Effect (collectivelyEffect. Except as disclosed in Schedule 2.1(s), the "Intellectual Property Rights"). To to the best knowledge of the Company, there is no existing infringement by another Person of any of the Intellectual Property RightsRights which are necessary for use in connection with the Company's business.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Commodore Environmental Services Inc /De/), Convertible Preferred Stock Purchase Agreement (Cytogen Corp)

Patents and Trademarks. The Company hasowns, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and other similar rights which that are necessary or material for use in connection with its business as described in the SEC Reports and which the failure to so have would would, individually or in the aggregate, have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of any of The Company has not received a written notice that the Intellectual Property RightsRights used by the Company violates or infringes upon the rights of any Person.

Appears in 2 contracts

Samples: Subscription Agreement (Players Network), Subscription Agreement (Players Network)

Patents and Trademarks. The Company has, or has rights to use, all ---------------------- patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary for use in connection with its business and business, or which the failure to do so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")Effect. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Fonix Corp), Securities Purchase Agreement (Fonix Corp)

Patents and Trademarks. The Company has, and its Subsidiaries do not own or has have the rights to use, all use any particular patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and other similar rights which are necessary for use in connection with its business and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). Neither the Company nor any Subsidiary has received written notice that the Intellectual Property Rights used by any of them violates or infringes upon the rights of any other person. To the best knowledge of the Company, Company there is no existing infringement by another person of any of the Intellectual Property Rights.

Appears in 2 contracts

Samples: Note  purchase Agreement (Master Silicon Carbide Industries, Inc.), Securities Purchase Agreement (Paragon Semitech USA, Inc.)

Patents and Trademarks. The Company and each Subsidiary has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary for use in connection with its business business, as currently conducted and as described in the SEC Documents, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of any of the Intellectual Property RightsEffect.

Appears in 2 contracts

Samples: Securities Exchange Agreement (NCT Group Inc), Securities Purchase Agreement (NCT Group Inc)

Patents and Trademarks. The Company hashas legal right, title, and interest or has rights valid and enforceable licenses in and to useall patent, all patentscopyright, patent applications, trademarkstrade secret, trademark applications, service marks, trade names, copyrights, licenses and or other proprietary rights which are necessary for use in connection with (“Intellectual Property”) that it uses to conduct its business and which the failure to so have would have a Material Adverse Effect (collectivelybusiness. To its knowledge, the "Intellectual Property Rights"). To the best knowledge conduct of the Company, there is no existing infringement ’s business and use of its Intellectual Property does not infringe or otherwise conflict with any rights of any person in respect of any Intellectual Property, and, to its knowledge, none of the Intellectual Property Rightsowned by the Company is being infringed upon by any other person.

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Levine Leichtman Capital Partners Ii Lp)

Patents and Trademarks. The To the knowledge of the Company, the Company hasand the Subsidiaries have, or has have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and other similar rights which are necessary or material for use in connection with its business their respective businesses as described in the SEC Reports and which the failure to so have would reasonably be expected to have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 2 contracts

Samples: Subscription Agreement (Metron Technology N V), Subscription Agreement (Metron Technology N V)

Patents and Trademarks. The Company hasand the Subsidiaries have, or has have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and other similar rights which that are necessary or material for use in connection with its business their respective businesses as described in the SEC Reports and which the failure to so have would could have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To Neither the best knowledge of the Company, there is no existing infringement of Company nor any of the Intellectual Property Rights.Subsidiary has received

Appears in 2 contracts

Samples: Securities Purchase Agreement (Pacific Cma Inc), Securities Purchase Agreement (On2 Technologies Inc)

Patents and Trademarks. The Company has, and its subsidiaries own or has rights have the right to use, use all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrightsinventions, licenses processes, know-how and rights which are trade secrets necessary to the conduct of their respective businesses, except for use in connection with its business and those which the failure to so own or have the right to use would not, individually or in the aggregate, have a Company Material Adverse Effect (collectively, the "Intellectual Property Proprietary Rights"). To the best knowledge of the Company, there is no existing infringement of any of the Intellectual Property Rights.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Tel Save Holdings Inc), Agreement and Plan of Merger (Shared Technologies Fairchild Inc)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights which are necessary or material for use in connection with its business business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, except as specified in Schedule 2.1(p), all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Stock Purchase Agreement (E Digital Corp)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights which are necessary for use in connection with its business and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")) which are necessary or material for use in connection with its business, and which the failure to so have could reasonably be expected to have a Material Adverse Effect. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Big Entertainment Inc)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights which are necessary or material for use in connection with its business business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, Company all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Registration Rights Agreement (New Frontier Media Inc /Co/)

Patents and Trademarks. The Company has, or has rights to use, ---------------------- all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights which are necessary or material for use in connection with its business business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual ------------ Property Rights"). To the best knowledge of the Company, Company all such Intellectual --------------- Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Sonic Foundry Inc)

Patents and Trademarks. The Company hasand its subsidiaries have, or has have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and other similar rights which that are necessary or material for use in connection with its business and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of any of the Intellectual Property Rightstheir respective businesses.

Appears in 1 contract

Samples: Subscription Agreement (Western Goldfields Inc)

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Patents and Trademarks. The Company has, and its subsidiaries own or has rights ---------------------- have the right to use, use all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrightsinventions, licenses processes, know-how and rights which are trade secrets necessary to the conduct of their respective businesses, except for use in connection with its business and those which the failure to so own or have the right to use would not, individually or in the aggregate, have a Company Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of any of the Intellectual Property RightsEffect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Intermedia Communications of Florida Inc)

Patents and Trademarks. The Company has, or has rights right to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary for use in connection with its business and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")business. To the best knowledge of the Company, there is no existing infringement by another Person of any of the Intellectual Property Rights which are necessary for use in connection with the Company's business which would individually or in the aggregate, have a Material Adverse Effect and the Company is not infringing on any other person's Intellectual Property Rights.

Appears in 1 contract

Samples: Asset Purchase Agreement (VisiTrade, Inc.)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary for use in connection with its business and business, or which the failure to do so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")Effect. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Fonix Corp)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which the Company reasonably believes are necessary for use in connection with its business business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")Effect. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property RightsRights that is reasonably likely to have a Material Adverse effect.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Ecogen Inc)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights which are similar rights necessary or material for use in connection with its business and which the failure to so have would could have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (NYTEX Energy Holdings, Inc.)

Patents and Trademarks. The Company hasand the Subsidiaries have, or has have rights through licenses to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and other similar rights which that are necessary or material for use in connection with its business their respective businesses as described in the SEC Reports and which the failure to so have would could have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bio Bridge Science Inc)

Patents and Trademarks. The Each of the Company has, and its Subsidiaries owns or has rights the right to use, use all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses copyrights and other rights which are necessary for use in connection with required to conduct its business and which as presently conducted without any conflicts with the failure rights of others, except where the absence of such rights could not reasonably be expected to so have would have a Material Adverse Effect (collectivelyon the Company and its Subsidiaries, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of any of the Intellectual Property Rightstaken as a whole.

Appears in 1 contract

Samples: Earn Up Agreement (Queen Sand Resources Inc)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary for use in connection with its business business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")Effect. To the best knowledge of the Company, there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Global Intellicom Inc)

Patents and Trademarks. The Company has, or has rights to use, all all, if any, ---------------------- patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual ------------ Property Rights") which are necessary or material for use in connection with its business --------------- business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")material adverse effect. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Stock Purchase Agreement (Princeton Ecom Corp)

Patents and Trademarks. The Company has, or has rights to use, . all patents, patent applications, trademarks, trademark applications, service marks, . trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary for use in connection with its business business, as currently conducted and as described in the SEC Documents, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of any of the Intellectual Property RightsEffect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Finantra Capital Inc)

Patents and Trademarks. The Company has, or has the rights to use, use all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights which are necessary for use in connection with its business and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of the Company, there is no existing infringement of on any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Purchase Agreement (Collegiate Pacific Inc)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrightscopyrights and licenses (collectively, licenses and rights the "Intellectual Property Rights") which are necessary for use in connection with its business as presently conducted and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights"). To the best knowledge of and to the Company's knowledge, there is no existing infringement by another person or entity of any of the Intellectual Property RightsRights which are necessary for use in connection with the Company's business as presently conducted.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Avax Technologies Inc)

Patents and Trademarks. The Company has, or has rights to use, ---------------------- all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights which are necessary or material for use in connection with its business business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual ------------ Property Rights"). To Rights").To the best knowledge of the Company, all such Intellectual --------------- Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Softlink Inc)

Patents and Trademarks. The Company has, or has rights to use, ---------------------- all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary or material for use in ----------------------------- connection with its business business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")Effect. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and, except as specifically disclosed in Schedule 2.1(q), there is no existing infringement by another --------------- Person of any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Registration Rights Agreement (Number Nine Visual Technology Corp)

Patents and Trademarks. The Company has, or has rights to use, all ---------------------- patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual ------------ Property Rights") which are necessary for use in connection with its business and business, --------------- or which the failure to do so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")Effect. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Fonix Corp)

Patents and Trademarks. The Company has, or has rights to use, all all, if any, patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which are necessary or material for use in connection with its business business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")material adverse effect. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.

Appears in 1 contract

Samples: Stock Purchase Agreement (Billing Concepts Corp)

Patents and Trademarks. The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, licenses and rights (collectively, the "Intellectual Property Rights") which the Company reasonably believes are necessary for use in connection with its business business, and which the failure to so have would have a Material Adverse Effect (collectively, the "Intellectual Property Rights")Effect. To the best knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights.Rights that is reasonably likely to have a Material Adverse Effect. 8 (q)

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Ecogen Inc)

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