Common use of Patents, Trademarks, Et Cetera Clause in Contracts

Patents, Trademarks, Et Cetera. Neither Seller nor any Seller Subsidiary owns or has pending, or is licensed under, any Intangibles, other than as described in Schedule 2.09 hereto, all of which are in good standing and uncontested. Schedule 2.09 accurately sets forth with respect to Intangibles owned by Seller or by any Seller Subsidiary, where appropriate, a statement of cost, book value and reserve for depreciation of each item for tax purposes, and net book value of each item for financial reporting purposes, and with respect to Intangibles licensed by Seller or by any Seller Subsidiary from or to a third party, a description of such license. Neither any director, officer, or employee of Seller or of any Seller Subsidiary, any stockholder of Seller of any Seller Subsidiary, any relative or affiliate of any such stockholder or of any such director, officer, or employee, nor any other corporation or enterprise in which any stockholder, any such director, officer, or employee, or any such relative or affiliate had or now has a 5% or greater equity or voting or other substantial interest, possesses any Intangible which relates to the business of Seller or of any Seller Subsidiary. Schedule 2.09 sets forth all trademarks used by Seller to identify its products and indicates whether such trademark is protected by registration in the name of Seller on either the principal or supplemental register in the United States Patent and Trademark Office. There is no right under any Intangible necessary to the business of Seller or of any Seller Subsidiary as presently conducted or as it contemplates conducting, except such as are so designated in Schedule 2.09. To the knowledge of Seller and each Seller Subsidiary, neither Seller nor any Seller Subsidiary has infringed, is infringing, or has received notice of infringement with asserted Intangibles of others. To the knowledge of Seller or any Seller Subsidiary, there is no infringement by others of Intangibles of Seller or of any Seller Subsidiary. To the knowledge of Seller or any Seller Subsidiary, there is no Intangible of others that may materially adversely affect the financial condition, results of operations, business, properties, assets, liabilities, or future prospects of Seller or of any Seller Subsidiary.

Patents, Trademarks, Et Cetera. Neither Seller Purchaser nor any Seller Purchaser Subsidiary owns or has pending, or is licensed under, any Intangibles, other than as described in Schedule 2.09 hereto3.11, all of which are in good standing and uncontested. Schedule 2.09 3.11 accurately sets forth with respect to Intangibles owned licensed by Seller Purchaser or by any Seller Subsidiary, where appropriate, a statement of cost, book value and reserve for depreciation of each item for tax purposes, and net book value of each item for financial reporting purposes, and with respect to Intangibles licensed by Seller or by any Seller Purchaser Subsidiary from or to a third party, a description of such license. Neither any director, officer, or employee of Seller Purchaser or of any Seller Purchaser Subsidiary, any stockholder of Seller of any Seller Subsidiary, any relative or affiliate of any such stockholder or of any such director, officer, or employee, nor any other corporation or enterprise in which any stockholder, any such director, officer, or employee, or any such relative or affiliate had or now has a 5% or greater equity or voting or other substantial interest, possesses any Intangible which relates to the business of Seller Purchaser or of any Seller Purchaser Subsidiary. Set forth in Schedule 2.09 sets forth 3.11 is a complete list of all trademarks used by Seller Purchaser or its affiliates to identify its products products, and indicates a designation as to whether such trademark is protected by registration in the name of Seller Purchaser or its affiliates on either the principal or supplemental register in the United States Patent and Trademark Office. There is no right under any Intangible necessary to the business of Seller Purchaser or of any Seller Purchaser Subsidiary as presently conducted or as it contemplates conducting, except such as are so designated in Schedule 2.093.11. To the best knowledge of Seller and each Seller SubsidiaryPurchaser, neither Seller Purchaser nor any Seller Purchaser Subsidiary has infringed, is infringing, or has received notice of infringement with asserted Intangibles of others. To the knowledge of Seller Purchaser or any Seller Purchaser Subsidiary, there is no infringement by others of Intangibles of Seller Purchaser or of any Seller Purchaser Subsidiary. To the knowledge of Seller As far as Purchaser or any Seller SubsidiaryPurchaser Subsidiary can foresee, there is no Intangible of others that which may materially adversely affect the financial condition, results of operations, business, properties, assets, liabilities, or future prospects of Seller Purchaser or of any Seller Purchaser Subsidiary.

Patents, Trademarks, Et Cetera. Neither Seller nor any Seller Subsidiary owns does not own or has have pending, or and is not licensed under, any patent, patent application, trademark, trademark application, trade name, service xxxx, copyright, franchise, or other intangible property or asset (all of the foregoing being herein called “Intangibles”), other than as described in Schedule 2.09 heretoExhibit C, all of which are in good standing and uncontested. Schedule 2.09 Exhibit C accurately sets forth with respect to Intangibles owned by Seller or by any Seller Subsidiary, where appropriate, a statement of cost, book value and reserve for depreciation of each item for tax purposes, and net book value of each item for financial reporting purposes, and with respect to Intangibles intangibles licensed by Seller or by any Seller Subsidiary from or to a third partyxxxxx, a description of such license. Neither any director, officer, or employee of Seller or of any Seller Subsidiary, any stockholder of Seller of any Seller Subsidiary, Vendor nor Subsidiary has any relative or affiliate of any such stockholder Vendor or of any my such director, officer, or employee, nor any my other corporation or enterprise in which any stockholderVmdor, any such director, officer, or employee, or any such relative or affiliate had or now has a 5% or greater equity or voting or other ohm substantial interest, possesses any Intangible which relates to the business of Seller or of any Seller Subsidiary. Schedule 2.09 sets forth all trademarks Subsidiary is a trademark used by Seller Subsidiary to identify its products products, and indicates whether such trademark is protected by registration in the name of Seller Subsidiary on either the principal or supplemental [principal] [supplemental] register in the United States Patent and Trademark Office. There is no right under any Intangible necessary to the business of Seller or of any Seller Subsidiary as presently conducted or as it contemplates conducting, except such as are so designated in Schedule 2.09. To the knowledge of Seller and each Seller Subsidiary, neither Seller nor any Seller Exhibit C. Subsidiary has not infringed, is infringing, or has received notice notica of infringement with asserted Intangibles of others. To the knowledge of Seller or any Seller Subsidiary, there There is no infringement by others of Intangibles of Seller or of any Seller Subsidiary. To the knowledge of Seller or any Seller Subsidiary, there There is no Intangible of others that which may materially adversely affect the financial condition, results of operations, business, properties, assets, liabilities, or future prospects of Seller Subsidiary or of any Seller SubsidiaryPurchaser.

Patents, Trademarks, Et Cetera. Neither Seller Purchaser nor any Seller Subsidiary Acquisition owns or has pending, or is licensed under, any Intangibles, other than as described in Schedule 2.09 hereto3.11, all of which are in good standing and uncontested, except as otherwise described in such Schedule 3.11. Schedule 2.09 3.11 accurately sets forth with respect to Intangibles owned by Seller or by any Seller Subsidiary, where appropriate, a statement of cost, book value and reserve for depreciation of each item for tax purposes, and net book value of each item for financial reporting purposes, and with respect to Intangibles licensed by Seller Purchaser or by any Seller Subsidiary Acquisition from or to a third party, a description of such license. Neither Except as set forth in Schedule 3.11, neither any director, officer, or employee of Seller Purchaser or of any Seller SubsidiaryAcquisition, any stockholder of Seller of any Seller Subsidiary, any relative or affiliate of any such stockholder or of any such director, officer, or employee, nor any other corporation or enterprise in which any stockholder, any such director, officer, or employee, or any such relative or affiliate had or now has a 5% or greater equity or voting or other substantial interest, possesses any Intangible which relates to the business of Seller Purchaser or of any Seller SubsidiaryAcquisition. Set forth in Schedule 2.09 sets forth 3.11 is a complete list of all trademarks used by Seller Purchaser or its affiliates to identify its products products, and indicates a designation as to whether such trademark is protected by registration in the name of Seller Purchaser or its affiliates on either the principal or supplemental register in the United States Patent and Trademark Office. There is no right under any Intangible necessary to the business of Seller or of any Seller Subsidiary Purchaser as presently conducted or as it contemplates conducting, except such as are so designated in Schedule 2.093.11. To Except as set forth in Schedule 3.11, to the best knowledge of Seller Purchaser and each Seller SubsidiaryAcquisition, neither Seller nor any Seller Subsidiary Purchaser has not infringed, is not infringing, or and has not received notice of infringement with asserted Intangibles of others. To Except as set forth in Schedule 3.11, to the knowledge of Seller Purchaser or any Seller SubsidiaryAcquisition, there is no infringement by others of Intangibles of Seller Purchaser or of any Seller SubsidiaryAcquisition. To the knowledge of Seller As far as Purchaser or any Seller SubsidiaryAcquisition can foresee, there is no Intangible of others that which may materially adversely affect the financial condition, results of operations, business, properties, assets, liabilities, or future prospects of Seller Purchaser or of any Seller SubsidiaryAcquisition.

Patents, Trademarks, Et Cetera. Neither Seller nor any Seller Subsidiary owns or has pending, or is licensed under, any Intangibles, other than as described in Schedule 2.09 hereto, all of which are in good standing and uncontested. Schedule 2.09 accurately sets forth with respect to Intangibles owned by Seller or by any Seller Subsidiary, where appropriate, a statement of cost, book value and reserve for depreciation of each item for tax purposes, and net book value of each item for financial reporting purposes, and with respect to Intangibles licensed by Seller or by any Seller Subsidiary from or to a third party, a description of such license. Neither any director, officer, or employee of Seller or of any Seller Subsidiary, any stockholder of Seller of any Seller Subsidiary, any relative or affiliate of any such stockholder or of any such director, officer, or employee, nor any other corporation or enterprise in which any stockholder, any such director, officer, or employee, or any such relative or affiliate had or now has a 5% or greater equity or voting or other substantial interest, possesses any Intangible which relates to the business of Seller or of any Seller Subsidiary. Schedule 2.09 sets forth all trademarks used by Seller to identify its products and indicates whether such trademark is protected by registration in the name of Seller on either the principal or supplemental register in the United States Patent and Trademark Office. There is no right under any Intangible necessary to the business of Seller or of any Seller Subsidiary as presently conducted or as it contemplates conducting, except such as are so designated in Schedule 2.09. To the best knowledge of Seller and each Seller Subsidiary, neither Seller nor any Seller Subsidiary has infringed, is infringing, or has received notice of infringement with asserted Intangibles of others. To the knowledge of Seller or any Seller Subsidiary, there is no infringement by others of Intangibles of Seller or of any Seller Subsidiary. To the knowledge of As far as Seller or any Seller SubsidiarySubsidiary can foresee, there is no Intangible of others that which may materially adversely affect the financial condition, results of operations, business, properties, assets, liabilities, or future prospects of Seller or of any Seller Subsidiary.