Common use of Patents, Trademarks, Copyrights and Licenses Clause in Contracts

Patents, Trademarks, Copyrights and Licenses. All patents, patent applications, trademarks, trademark applications, service marks, service mxxx applications, copyrights, copyright applications, design rights, trade names, assumed names, trade secrets and licenses owned or utilized by any Loan Party are set forth on Schedule 5.12, are valid and have been duly registered or filed with all appropriate governmental authorities 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 material patent, trademark, copyright, design right, trade name, trade secret or license and no Loan Party is aware of any grounds for any challenge, except as set forth in Schedule 5.12. Each patent, patent application, patent license, trademark, trademark application, trademark license, service mxxx, service mxxx application, service mxxx license, copyright, copyright application and copyright license owned or held by any Loan Party and all trade secrets used by any Loan Party consist of original material or property developed by such Loan Party or which was lawfully acquired by such Loan Party from the proper and lawful owner thereof. Each of such items has been, or will be, maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all proprietary software developed and used by any Loan Party, such Loan Party 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.

Appears in 2 contracts

Samples: Credit and Security Agreement (Manhattan Bridge Capital, Inc), Credit and Security Agreement (Manhattan Bridge Capital, Inc)

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Patents, Trademarks, Copyrights and Licenses. All patents, patent applications, trademarks, trademark applications, service marks, service mxxx mark applications, copyrights, copyright applications, design rights, trade namestradenames, assumed names, trade secrets and licenses owned or utilized by any Loan each Credit Party are set forth on Schedule 5.125.9, are valid and have been duly registered or filed with all appropriate governmental authorities 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 material patent, trademark, copyright, design rightrights, trade nametradename, trade secret or license and no Loan Party Bxxxxxxx is not aware of any grounds for any challenge, except as set forth in Schedule 5.125.9 hereto. Each patent, patent application, patent license, trademark, trademark application, trademark license, service mxxxmark, service mxxx mark application, service mxxx mark license, design rights, copyright, copyright application and copyright license owned or held by any Loan each Credit Party and all trade secrets used by any Loan each Credit Party consist of original material or property developed by such Loan Credit Party or which was lawfully acquired by such Loan Credit Party from the proper and lawful owner thereof. Each of such items has been, or will be, been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all proprietary software developed and used by any Loan Credit Party, such Loan Credit Party 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.

Appears in 1 contract

Samples: Security Agreement (Perma Fix Environmental Services Inc)

Patents, Trademarks, Copyrights and Licenses. All patents, patent applications, trademarks, trademark applications, service marks, service mxxx mark applications, copyrights, copyright applications, design rights, trade namestradenames, assumed names, trade secrets and licenses owned or utilized by any Loan Party are set forth on Schedule 5.125.9, are valid and have been duly registered or filed with all appropriate governmental authorities 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 material patent, trademark, copyright, design right, trade nametradename, trade secret or license and no Loan Party is aware of any grounds for any challenge, except as set forth in Schedule 5.125.9 hereto. Each patent, patent application, patent license, trademark, trademark application, trademark license, service mxxxmark, service mxxx mark application, design, service mxxx mark license, copyright, copyright application and copyright license owned or held by any Loan Party and all trade secrets used by any Loan Party consist of original material or property developed by such Loan Party or which was lawfully acquired by such Loan Party from the proper and lawful owner thereof. Each of such items has been, or will be, been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all proprietary software developed and used by any Loan Party, other than commercial "off-the-shelf" applications, such Loan Party 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Bucyrus International Inc)

Patents, Trademarks, Copyrights and Licenses. All patents, patent applications, trademarks, trademark applications, service marks, service mxxx applications, copyrights, copyright applications, design rights, trade namestradenames, assumed names, trade secrets and licenses owned or utilized by any Loan Party are set forth on Schedule 5.125.9, are valid and have been duly registered or filed with all appropriate governmental authorities 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 material patent, trademark, copyright, design right, trade nametradename, trade secret or license and no Loan Party is aware of any grounds for any challenge, except as set forth in Schedule 5.125.9 hereto. Each patent, patent application, patent license, trademark, trademark application, trademark license, service mxxx, service mxxx application, design, service mxxx license, copyright, copyright application and copyright license owned or held by any Loan Party and all trade secrets used by any Loan Party consist of original material or property developed by such Loan Party or which was lawfully acquired by such Loan Party from the proper and lawful owner thereof. Each of such items has been, or will be, been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all proprietary software developed and used by any Loan Party, other than commercially available software, such Loan Party 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Bucyrus International Inc)

Patents, Trademarks, Copyrights and Licenses. All patents, patent applications, trademarks, trademark applications, service marks, service mxxx xxxx applications, copyrights, copyright applications, design rights, trade namestradenames, assumed names, trade secrets and licenses owned or utilized by any Loan Credit Party are set forth on Schedule 5.125.9, are valid and have been duly registered or filed with all appropriate governmental authorities 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 material patent, trademark, copyright, design right, trade nametradename, trade secret or license and no Loan Credit Party is aware of any grounds for any challenge, except as set forth in Schedule 5.125.9 hereto. Each patent, patent application, patent license, trademark, trademark application, trademark license, service mxxxxxxx, service mxxx xxxx application, service mxxx xxxx license, design right, copyright, copyright application and copyright license owned or held by any Loan Credit Party and all trade secrets used by any Loan Credit Party consist of original material or property developed by such Loan Credit Party or which was lawfully acquired by such Loan Credit Party from the proper and lawful owner thereof. Each of such items has been, or will be, been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all proprietary software developed and used by any Loan Credit Party, such Loan Credit Party is in possession of all source and object codes related to each piece of software or is the beneficiary of a source code escrow agreementsoftware.

Appears in 1 contract

Samples: Security Agreement (Sunsource Inc)

Patents, Trademarks, Copyrights and Licenses. All material patents, patent applications, trademarks, trademark applications, service marks, service mxxx xxxx applications, copyrights, copyright applications, design rights, trade namestradenames, assumed names, trade secrets and licenses owned or utilized by any Loan Party are set forth on Schedule 5.125.9, are valid and have been duly registered or filed with all appropriate governmental authorities 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 material patent, trademark, copyright, design right, trade nametradename, trade secret or license and no Loan Party is aware of any grounds for any challenge, except as set forth in Schedule 5.125.9. Each patent, patent application, patent license, trademark, trademark application, trademark license, service mxxxxxxx, service mxxx xxxx application, service mxxx xxxx license, copyright, copyright application and copyright license owned or held by any Loan Party and all trade secrets used by any Loan Party consist of original material or property developed by such Loan Party or which was lawfully acquired by such Loan Party to its knowledge from the proper and lawful owner thereof. Each of such items has been, or will be, been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all proprietary software developed and used by any Loan PartyParty (other than commercially available software), such Loan Party 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Brown Jordan International Inc)

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Patents, Trademarks, Copyrights and Licenses. All patents, patent applications, trademarks, trademark applications, service marks, service mxxx xxxx applications, copyrights, copyright applications, design rights, trade namestradenames, assumed names, trade secrets and licenses owned or utilized by any Loan Party are set forth on Schedule 5.125.9, are valid and have been duly registered or filed with all appropriate governmental authorities 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 material patent, trademark, copyright, design right, trade nametradename, trade secret or license and no Loan Party is aware of any grounds for any challenge, except as set forth in Schedule 5.125.9. Each patent, patent application, patent license, trademark, trademark application, trademark license, service mxxxxxxx, service mxxx xxxx application, service mxxx xxxx license, copyright, copyright application and copyright license owned or held by any Loan Party and all trade secrets used by any Loan Party consist of original material or property developed by such Loan Party or which was lawfully acquired by such Loan Party from the proper and lawful owner thereof. Each of such items has been, or will be, been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all proprietary software developed and used by any Loan Party, such Loan Party 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Stanadyne Automotive Corp)

Patents, Trademarks, Copyrights and Licenses. All patents, patent applications, trademarks, trademark applications, service marks, service mxxx mark applications, copyrights, copyright applications, design rights, trade names, assumed names, trade secrets and licenses owned or utilized by any Loan Party are set forth on Schedule 5.12, are valid and have been duly registered or filed with all appropriate governmental authorities 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 material patent, trademark, copyright, design right, trade name, trade secret or license and no Loan Party is aware of any grounds for any challenge, except as set forth in Schedule 5.12. Each patent, patent application, patent license, trademark, trademark application, trademark license, service mxxxmark, service mxxx mark application, service mxxx mark license, copyright, copyright application and copyright license owned or held by any Loan Party and all trade secrets used by any Loan Party consist of original material or property developed by such Loan Party or which was lawfully acquired by such Loan Party from the proper and lawful owner thereof. Each of such items has been, or will be, maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all proprietary software developed and used by any Loan Party, such Loan Party 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Manhattan Bridge Capital, Inc)

Patents, Trademarks, Copyrights and Licenses. All patents, patent applications, trademarks, trademark applications, service marks, service mxxx xxxx applications, copyrights, copyright applications, design rights, trade namestradenames, assumed names, trade secrets and licenses owned or utilized by any Loan Credit Party are set forth on Schedule 5.125.9, are valid and have been duly registered or filed with all appropriate governmental authorities 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 material patent, trademark, copyright, design right, trade nametradename, trade secret or license and no Loan Credit Party is aware of any grounds for any challenge, except as set forth in Schedule 5.125.9. Each patent, patent application, patent license, trademark, trademark application, trademark license, service mxxxxxxx, service mxxx xxxx application, service mxxx xxxx license, copyright, copyright application and copyright license owned or held by any Loan Credit Party and all trade secrets used by any Loan Credit Party consist of original material or property developed by such Loan Credit Party or which was lawfully acquired by such Loan Credit Party from the proper and lawful owner thereof. Each of such items has been, or will be, been maintained by such Credit Party so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all proprietary software developed and used by any Loan Partyeach Credit Party (other than commercially available software), such Loan Credit Party 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.

Appears in 1 contract

Samples: Financing Agreement (Cpac Inc)

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