Patents, Licenses, Trademarks, Etc Sample Clauses

Patents, Licenses, Trademarks, Etc. The Borrower, and each Subsidiary of the Borrower, possesses all necessary patents, licenses, trademarks, trademark rights, trade names, trade name rights and copyrights to conduct its business without conflict with any patent, license, trademark, trade name or copyright of any other Person.
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Patents, Licenses, Trademarks, Etc. Borrower and each of its Subsidiaries have all permits, certificates, licenses (including patent and copyright licenses), approvals and other authorizations required in connection with the operation of their businesses, except those which the failure to have could not reasonably be expected to have a Material Adverse Effect. There is no pending or, to Borrower's actual knowledge, threatened litigation, or arbitration in which it is alleged that Borrower or any Subsidiary has violated or breached any patents, licenses, trademarks, trademark rights, trade names, trade name rights and copyrights which could reasonably be expected to have a Material Adverse Effect.
Patents, Licenses, Trademarks, Etc. Except as disclosed on Schedule 5.16 attached hereto, neither Borrower nor any Subsidiary has any patents, trademarks, trademark rights or copyrights which are material to the business of Borrower or any Subsidiary. Borrower may at any time amend, modify or supplement Schedule 5.16 by notifying the Agent and each of the Banks in writing of any changes thereto, and thereby the representations and warranties contained in the first sentence of this Section 5.16 shall be amended accordingly so long as such amendment, modification or supplement is made within thirty (30) days after the occurrence of any such changes in the facts stated therein and that such changes reflect transactions that are permitted under this Agreement. Borrower and each Subsidiary possesses all necessary patents, licenses, trademarks, trademark rights, trade names, trade name rights and copyrights to conduct its business without conflict with any patent, license, trademark, trade name or copyright of any other Person.
Patents, Licenses, Trademarks, Etc. Except as disclosed on Schedule 9.16 attached hereto, neither Borrower nor any Subsidiary has any patents, trademarks, trademark rights or copyrights which are material to the business of Borrower or any Subsidiary. Borrower and each Subsidiary possesses all necessary patents, licenses, trademarks, trademark rights, trade names, trade name rights and copyrights to conduct its business without conflict with any patent, license, trademark, trade name or copyright of any other Person.
Patents, Licenses, Trademarks, Etc. Borrower and each Subsidiary own, and have the full right to license without the consent of any other Person and without known conflict with the rights of others, all patents, licenses, trademarks, trademark rights, trade names, trade name rights, trade secrets, service marks, copyrights, permits and franchises and all rights with respect thereto, which are required to conduct their business and to operate their properties as now conducted and operated and as proposed to be conducted and operated.
Patents, Licenses, Trademarks, Etc. (i) The Company owns and possesses all patents, licenses, trademarks, trade names, trademark rights and copyrights and other intellectual property listed on Schedule 3(o) attached hereto and such listed intellectual property constitutes all intellectual property necessary to conduct its business as now conducted or as contemplated to be conducted, without conflict, to the best of the Company's knowledge, with any patent, license, trademark, trade name, or copyright of any other Person. (ii) No royalties, fees, commissions or other payments are payable by the Company to other Persons by reason of the ownership or use of the Intellectual Property Rights as defined in Section 3(o)(iii) hereof; provided that this provision shall not apply to the payment of salary to persons in connection with the performance of services to the Company. (iii) To the knowledge of the Company, no product manufactured, marketed or sold by the Company will violate any license or infringe any Intellectual Property Rights or assumed name of another. To the knowledge of the Company, there is no pending or threatened claim or litigation against the Company (nor to the knowledge of the Company, does there exist any basis therefor) contesting the validity or right to use of any of the foregoing. The Company has not received any notice that any of the Intellectual Property Rights or the operation or proposed operation of the Company's business conflicts, or will conflict, with the asserted rights of others, nor to the knowledge of the Company does there exist any basis for any such conflict. "Intellectual Property Rights" shall mean all industrial, commercial and intellectual property rights, including, without limitation, patents, patent applications, patent rights, trademarks, trade names, service marks, copyrights, computer programs, software designs, source codes and related materials, certificates of public convenience and necessity, franchises, licenses, trade secrets, proprietary processes and formulae.
Patents, Licenses, Trademarks, Etc. Except as disclosed on Schedule 4.16 attached hereto, neither Borrower nor any Subsidiary has any patents, patent applications, patent rights, trademarks, trademark applications, trademark rights, copyrights, licenses or other intellectual property which are material to the business of Borrower or any Subsidiary. Borrower and each Subsidiary possesses all necessary patents, patent rights, licenses, trademarks, trademark rights, trade names, trade name rights, copyrights and other intellectual property to conduct its business without conflict with any patent, patent right, license, trademark, trademark right, trade name, copyright or other intellectual property of any other Person.
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Patents, Licenses, Trademarks, Etc. Each of the Borrowers, and each Subsidiary of the Borrowers, possesses (or are licensed or otherwise have the right to use) all necessary patents, licenses, trademarks, trademark rights, trade names, trade name rights and copyrights to conduct its business as presently being conducted without any known conflict with any patent, license, trademark, trade name or copyright of any other Person. All such federally registered patents, trademarks, and copyrights and any licenses of any such items owned or held by Borrowers are set forth on Schedule 5.13 attached hereto.
Patents, Licenses, Trademarks, Etc. Each of the ---------------------------------- Borrowers and each of their respective Subsidiaries possesses all necessary patents, licenses, trademarks, trademark rights, trade names, trade name rights and copyrights to conduct its business without any present conflict with any patent, license, trademark, trade name or copyright of any other Person.

Related to Patents, Licenses, Trademarks, Etc

  • Patents, Trademarks, Copyrights, Licenses, Etc Each Loan Party and each Subsidiary of each Loan Party owns or possesses all the material patents, trademarks, service marks, trade names, copyrights, licenses, registrations, franchises, permits and rights necessary to own and operate its properties and to carry on its business as presently conducted and planned to be conducted by such Loan Party or Subsidiary, without known possible, alleged or actual conflict with the rights of others.

  • Patents, Trademarks, Etc The Borrower has obtained and holds in full force and effect all patents, trademarks, servicemarks, trade names, copyrights and other such rights, free from burdensome restrictions, which are necessary for the operation of its business as presently conducted, the impairment of which is likely to have a Material Adverse Effect.

  • Copyrights, Patents, Trademarks and Licenses, etc The Company and each Subsidiary own or are licensed or otherwise have the right to use all of the material patents, trademarks, service marks, trade names, copyrights, contractual franchises, authorizations and other rights that are reasonably necessary for the operation of their respective businesses, without material conflict with the rights of any other Person. To the best knowledge of the Company, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company or any Subsidiary infringes upon any rights held by any other Person. Except as specifically disclosed in Schedule 6.5, no claim or litigation regarding any of the foregoing is pending or, to the knowledge of the Company, threatened, and no patent, invention, device, application, principle or any statute, law, rule, regulation, standard or code is pending or, to the knowledge of the Company, proposed, which, in either case, would reasonably be expected to have a Material Adverse Effect.

  • Trademarks, Etc Except to the extent required by applicable law, no Party shall use any other Party's names, logos, trademarks or service marks, whether registered or unregistered, without the prior consent of such Party.

  • Trademarks, Patents, Etc Schedule 2.1

  • Patents, Trademarks, Copyrights and Licenses All patents, patent applications, trademarks, trademark applications, service marks, service xxxx applications, copyrights, copyright applications, design rights, tradenames, assumed names, trade secrets and licenses owned or utilized by any Borrower are set forth on Schedule 5.9, are valid and have been duly registered or filed with all appropriate Governmental Bodies and constitute all of the intellectual property rights which are necessary for the operation of its business; there is no objection to or pending challenge to the validity of any such patent, trademark, copyright, design rights, tradename, trade secret or license and no Borrower is aware of any grounds for any challenge, except as set forth in Schedule 5.9 hereto. Each patent, patent application, patent license, trademark, trademark application, trademark license, service xxxx, service xxxx application, service xxxx license, design rights, copyright, copyright application and copyright license owned or held by any Borrower and all trade secrets used by any Borrower consist of original material or property developed by such Borrower or was lawfully acquired by such Borrower from the proper and lawful owner thereof. Each of such items has been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all software used by any Borrower, such Borrower is in possession of all source and object codes related to each piece of software or is the beneficiary of a source code escrow agreement, each such source code escrow agreement being listed on Schedule 5.9 hereto.

  • Trademarks, Patents Each of the Borrower and the Subsidiaries possesses or has the right to use all of the patents, trademarks, trade names, service marks and copyrights, and applications therefor, and all technology, know-how, processes, methods and designs used in or necessary for the conduct of its business, without known conflict with the rights of others.

  • Patents, Trademarks and Copyrights Machinery and equipment of the VESSEL, whether made or furnished by the BUILDER under this CONTRACT, may bear the patent numbers, trademarks, or trade names of the manufacturers. The BUILDER shall defend and save harmless the BUYER from all liabilities or claims for or on account of the use of any patents, copyrights or design of any nature or kind, or for the infringement thereof including any unpatented invention made or used in the performance of this CONTRACT and also for any costs and expenses of litigation, if any in connection therewith. No such liability or responsibility shall be with the BUILDER with regard to components and/or equipment and/or design supplied by the BUYER. Nothing contained herein shall be construed as transferring any patent or trademark rights or copyrights in equipment covered by this CONTRACT, and all such rights are hereby expressly reserved to the true and lawful owners thereof.

  • Copyrights, Patents and Trademarks (i) Borrower hereby represents and warrants that, as of the date of this Agreement, Borrower does not have any maskworks, computer software, or other copyrights, that are registered (or are the subject of any application for registration) with the United States Copyright Office. Borrower hereby covenants and agrees that Borrower will NOT register with the United States Copyright Office (or apply for such registration of) any of Borrower’s maskworks, computer software, or other copyrights, unless Borrower has provided Lender not less than 30 days prior written notice of the commencement of such registration/application and Borrower has executed and delivered to Lender such security agreement(s) and other documentation (in form and substance reasonably satisfactory to Lender) which Lender in its good faith business judgment may require for filing with the United States Copyright Office with respect to such registration or application. (ii) Borrower will identify to Lender in writing any and all patents and trademarks of Borrower that are registered (or the subject of any application for registration) with the United States Patent and Trademark Office and, upon Lender’s request therefor, promptly execute and deliver to Lender such security agreement(s) and other documentation (in form and substance reasonably satisfactory to Lender) which Lender in its good faith business judgment may require for filing with the United States Patent and Trademark Office with respect to such registration or application. (iii) Borrower will: (x) protect, defend and maintain the validity and enforceability of Borrower’s copyrights, patents, and trademarks; (y) promptly advise Lender in writing of material infringements of Borrower’s copyrights, patents, or trademarks of which Borrower is or becomes aware; and (z) not allow any material item of Borrower’s copyrights, patents, or trademarks to be abandoned, forfeited or dedicated to the public without Lender’s written consent.

  • Trademarks, Patents and Copyrights (a) Section 4.14(a) of the Company Disclosure Letter sets forth a complete and accurate list of all copyright registrations, trademark registrations, and patents, and applications for registration of any of the foregoing, that are owned by the Company or its subsidiaries. The Company and its subsidiaries own or have the right to use in the manner currently used by the Company and its subsidiaries all patents, trademarks, trade names, copyrights, Internet domain names, service marks, trade secrets and other intellectual property rights (the “Intellectual Property Rights”) used in connection with the business of the Company and its subsidiaries as currently conducted (the “Company Intellectual Property Rights”), except as would not have, and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. Neither the Company nor any of its subsidiaries has received, since January 1, 2011, any written charge, complaint, claim, demand or notice challenging the validity of any of the Company Intellectual Property Rights, except as would not have, and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. (b) To the Company’s knowledge, the conduct of the business of the Company and its subsidiaries does not infringe upon, misappropriate or otherwise violate any Intellectual Property Rights of any other person, except for any such infringement, misappropriation or other violation that would not have, and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. Neither the Company nor any of its subsidiaries has received, since January 1, 2011, any written charge, complaint, claim, demand or notice alleging any such infringement, misappropriation or other violation that has not been settled or otherwise fully resolved, except for any such infringement, misappropriation or other violation that would not have, and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. To the Company’s knowledge, no other person has infringed, misappropriated or otherwise violated any Company Intellectual Property Rights since January 1, 2011, except for any such infringement, misappropriation or other violation as would not have, and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect.

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