Common use of PATENTS, TRADEMARKS, LICENSES, ETC Clause in Contracts

PATENTS, TRADEMARKS, LICENSES, ETC. Except as set forth on Schedule 5.16 or in any notice furnished to the Lenders pursuant to Section 6.07 at or prior to the respective times the representations and warranties set forth in this Section 5.16 are made or deemed to be made hereunder, (i) the Consolidated Companies have obtained and hold in full force and effect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the operation of their respective businesses as presently conducted, and (ii) to the best of Intermet's knowledge, no product, process, method, service or other item presently sold by or employed by any Consolidated Company in connection with such business infringes any patents, trademark, service mark, xxade name, copyright, license or other right owned by any other person and there is not presently pending, or to the knowledge of Intermet, threatened, any claim or litigation against or affecting any Consolidated Company contesting such Person's right to sell or use any such product, process, method, substance or other item where the result of such failure to obtain and hold such benefits or such infringement would have a Materially Adverse Effect.

PATENTS, TRADEMARKS, LICENSES, ETC. Except as set forth on Schedule 5.16 or in any notice furnished to the Lenders pursuant to Section 6.07 at or prior to the respective times the representations and warranties set forth in this Section 5.16 are made or deemed to be made hereunder, (i) the Consolidated Companies have obtained and hold in full force and effect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the operation of their respective businesses as presently conducted, and (ii) to the best of Intermetthe Borrower's knowledge, no product, process, method, service or other item presently sold by or employed by any Consolidated Company in connection with such business infringes any patents, trademark, service markmarx, xxade xrade name, copyright, license or other right owned by any other person and there is not presently pending, or to the knowledge of Intermetthe Borrower, threatened, any material claim or litigation against or affecting any Consolidated Company contesting such Person's right to sell or use any such product, process, method, substance or other item where the result of such failure to obtain and hold such benefits or such infringement would have a Materially Adverse Effectitem.

PATENTS, TRADEMARKS, LICENSES, ETC. Except as set forth on Schedule 5.16 or in any notice furnished to the Lenders pursuant to Section 6.07 6.07(p) at or prior to the respective times the representations and warranties set forth in this Section 5.16 are made or deemed to be made hereunder, (i) the Consolidated Companies have obtained and hold in full force and effect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the operation of their respective businesses as presently conducted, and (ii) to the best of IntermetInterface's knowledge, no product, process, method, service or other item presently sold by or employed by any Consolidated Company in connection with such business infringes any patents, trademark, service markxxxx, xxade trade name, copyright, license or other right owned by any other person and there is not presently pending, or to the knowledge of IntermetInterface, threatened, any claim or litigation against or - 44 - affecting any Consolidated Company contesting such Person's right to sell or use any such product, process, method, substance or other item where the result of such failure to obtain and hold such benefits or such infringement would have a Materially Adverse Effect.

PATENTS, TRADEMARKS, LICENSES, ETC. Except as set ----------------------------------- forth on Schedule 5.16 or in any notice furnished to the Lenders pursuant to ------------- Section 6.07 at or prior to the respective times the representations and ------------ warranties set forth in this Section 5.16 are made or deemed to be made ------------ hereunder, (i) the Consolidated Con solidated Companies have obtained and hold in full force and effect ef fect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the operation of their respective re spective businesses as presently conducted, and (ii) to the best of Intermet's knowledge, no product, process, method, service or other item presently sold by or employed by any Consolidated Company in connection with such business infringes any patents, trademark, service markxxxx, xxade trade name, copyright, license or other right owned by any other person and there is not presently pendingpend ing, or to the knowledge of Intermet, threatened, any claim or litigation against or affecting any Consolidated Company contesting con testing such Person's right to sell or use any such product, processpro cess, method, substance or other item where the result of such failure to obtain and hold such benefits or such infringement would have a Materially Adverse Effect.

PATENTS, TRADEMARKS, LICENSES, ETC. Except as set forth on Schedule 5.16 7.16 or in any notice furnished to the Lenders pursuant to Section 6.07 8.07(o) at or prior to the respective times the representations and warranties set forth in this Section 5.16 7.16 are made or deemed to be made hereunder, (i) the Consolidated Companies have obtained and hold in full force and effect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the operation of their respective businesses as presently conducted, and (ii) to the best of Intermet's knowledge, no product, process, method, service or other item presently sold by or employed by any Consolidated Company in connection with such business infringes any patents, trademark, service markxxxx, xxade trade name, copyright, license or other right owned by any other person and there is not presently pending, or to the knowledge of Intermet, threatened, any claim or litigation against or affecting any Consolidated Company contesting such Person's right to sell or use any such product, process, method, substance or other item where the result of such failure to obtain and hold such benefits or such infringement would have a Materially Adverse Effect.

PATENTS, TRADEMARKS, LICENSES, ETC. Except as set forth on Schedule 5.16 5.15 or in any notice furnished to the Lenders pursuant to Section 6.07 6.09(i) at or prior to the respective times the representations and warranties set forth in this Section 5.16 5.15 are made or deemed to be made hereunder, (i) the Consolidated Companies have obtained and hold in full force and effect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the operation of their respective businesses as presently conducted, and (ii) to the best of IntermetBorrower's knowledge, no product, process, method, service or other item presently sold by or employed by any Consolidated Company in connection with such business infringes any patents, trademark, service mark, xxade name, copyright, license or other right owned by any other person and there is not presently pending, or to the knowledge of IntermetBorrower, threatened, any claim or litigation against or affecting any Consolidated Company contesting such Person's right to sell or use any such product, process, method, substance or other item where the result of such failure to obtain and hold such benefits or such infringement would have a Materially Adverse Effect.

PATENTS, TRADEMARKS, LICENSES, ETC. Except as set forth on Schedule 5.16 5.15 or in any notice furnished to the Lenders pursuant to Section 6.07 6.09(d) at or prior to the respective times the representations and warranties set forth in this Section 5.16 5.15 are made or deemed to be made hereunder, (i) the Consolidated Companies have obtained and hold in full force and effect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the operation of their respective businesses as presently conducted, and (ii) to the best of IntermetBorrower's knowledge, no product, process, method, service or other item presently sold by or employed by any Consolidated Company in connection with such business infringes any patents, trademark, service mark, xxade name, copyright, license or other right owned by any other person and there is not presently pending, or to the knowledge of IntermetBorrower, threatened, any claim or litigation against or affecting any Consolidated Company contesting such Person's right to sell or use any such product, process, method, substance or other item where the result of such failure to obtain and hold such benefits or such infringement would have a Materially Adverse Effect.

PATENTS, TRADEMARKS, LICENSES, ETC. Except as set forth on Schedule 5.16 7.16 or in any notice furnished to the Lenders pursuant to Section 6.07 8.07(p) at or prior to the respective times the representations and warranties set forth in this Section 5.16 7.16 are made or deemed to be made hereunder, (i) the Consolidated Companies have obtained and hold in full force and effect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the operation of their respective businesses as presently conducted, and (ii) to the best of Intermet's the Borrowers' knowledge, no product, process, method, service or other item presently sold by or employed by any Consolidated Company in connection with such business infringes any patents, trademark, service markmxxx, xxade trade name, copyright, license or other right owned by any other person and there is not presently pending, or to the knowledge of Intermetthe Borrowers, threatened, any claim or litigation against or affecting any Consolidated Company contesting such Person's right to sell or use any such product, process, method, substance or other item where the result of such failure to obtain and hold such benefits or such infringement would have a Materially Adverse Effect.