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

PATENTS, TRADEMARKS, LICENSES, ETC. (i) The Consolidated Companies have obtained and hold in full force and effect all 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 where the result of a failure to obtain and hold such patents, trademarks, service marks, trade names, copyrights, licenses and other such rights would have a Materially Adverse Effect, and (ii) to the knowledge of Parent and Borrower, 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 xxxx, trade name, copyright, license or other right owned by any other person and there is not presently pending, or to the knowledge of Parent and Borrower, 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.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Choicepoint Inc), Term Loan Credit Agreement (Choicepoint Inc)

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PATENTS, TRADEMARKS, LICENSES, ETC. Except as set forth on Schedule 5.16., (i) The the Consolidated Companies have obtained and hold in full force and effect all Material governmental authorizations, consents, approvals, patents, trademarks, service marks, franchises, 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 where the result of a failure to obtain and hold such patents, trademarks, service marks, trade names, copyrights, licenses and other such rights would have a Materially Adverse Effectconducted, and (ii) to the knowledge best of Parent and 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 xxxxmark, xxanchise, trade name, copyright, license or other right owned by any other person Person and there is not presently pending, or to the knowledge of Parent and Borrower, threatened, any claim or litigation against or affecting any Consolidated Company contesting such Person’s '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.

Appears in 2 contracts

Samples: Credit Agreement (Childrens Comprehensive Services Inc), Credit Agreement (Dollar General Corp)

PATENTS, TRADEMARKS, LICENSES, ETC. (i) The Consolidated Companies have obtained and hold in full force and effect all 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 where the result of a failure to obtain and hold such patents, trademarks, service marks, trade names, copyrights, licenses and other such rights would have a Materially Adverse Effect, and (ii) to the knowledge best of Parent and 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 xxxxmark, trade xxade name, copyright, license or other right owned by any other person and there is not presently pending, or to the knowledge of Parent and Borrower, threatened, any claim or litigation against or affecting any Consolidated Company contesting such Person’s '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.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Choicepoint Inc), Revolving Credit Agreement (Choicepoint Inc)

PATENTS, TRADEMARKS, LICENSES, ETC. Except as set forth on Schedule 6A.16, (ia) The 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 that are necessary for the operation of their respective businesses as presently conducted and where the result of a failure to obtain and hold such patents, trademarks, service marks, trade names, copyrights, licenses and other such rights would have a Materially Adverse Effectconducted, and (iib) to the knowledge best of Parent and BorrowerNelsxx'x xxxwledge, 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 xxxxmark, trade xxade name, copyright, license or other right owned by any other person Person and there is not presently pending, or to the knowledge of Parent and BorrowerNelsxx, threatenedxxreatened, any claim or litigation against or affecting any Consolidated Company contesting such Person’s '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.

Appears in 1 contract

Samples: Credit Agreement (Nelson Thomas Inc)

PATENTS, TRADEMARKS, LICENSES, ETC. (i) The Consolidated Companies have obtained and hold in full force and effect all 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 where the result of a failure to obtain and hold such patents, trademarks, service marks, trade names, copyrights, licenses and other such rights would have a Materially Material Adverse Effect, and (ii) to the knowledge best of Parent and Borrowerits 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 xxxx, trade name, copyright, license or other right owned by any other person and there is not presently pending, or to the knowledge of Parent and Borrowerits knowledge, threatened, any claim or litigation against or affecting any Consolidated Company contesting such Person’s '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 Material Adverse Effect.

Appears in 1 contract

Samples: Master Agreement (Choicepoint Inc)

PATENTS, TRADEMARKS, LICENSES, ETC. (i) The Consolidated Companies have obtained and hold in full force and effect all 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 where the result of a failure to obtain and hold such patents, trademarks, service marks, trade names, copyrights, licenses and other such rights would have a Materially Adverse Effect, and (ii) to the knowledge best of Parent and 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 xxxxmark, trade name, copyright, license or other right owned by any other person othex xxrson and there is not presently pending, or to the knowledge of Parent and Borrower, threatened, any claim or litigation against or affecting any Consolidated Company contesting such Person’s '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.

Appears in 1 contract

Samples: Revolving Credit Agreement (Choicepoint Inc)

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PATENTS, TRADEMARKS, LICENSES, ETC. (i) The Consolidated Companies have obtained and hold in full force and effect all 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 where the result of a failure to obtain and hold such patents, trademarks, service marks, trade names, copyrights, licenses and other such rights would have a Materially Adverse Effect, and (ii) to the knowledge best of Parent and 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 xxxx, trade name, copyright, license or other right owned by any other person and there is not presently pending, or to the knowledge of Parent and Borrower, threatened, any claim or litigation against or affecting any Consolidated Company contesting such Person’s '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.

Appears in 1 contract

Samples: Revolving Credit Agreement (Choicepoint Inc)

PATENTS, TRADEMARKS, LICENSES, ETC. (i) The Consolidated Companies have obtained and hold in full force and effect all 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 where the result of a failure to obtain and hold such patents, trademarks, service marks, trade names, copyrights, licenses and other such rights would have a Materially Adverse Effect, and (ii) to the knowledge best of Parent and Borrower's knowledge, no product, process, method, service or other item presently sold 45 52 by or employed by any Consolidated Company in connection with such business infringes any patents, trademark, service xxxxmark, trade xxade name, copyright, license or other right owned by any other person and there is not presently pending, or to the knowledge of Parent and Borrower, threatened, any claim or litigation against or affecting any Consolidated Company contesting such Person’s '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.

Appears in 1 contract

Samples: Revolving Credit Agreement (Choicepoint Inc)

PATENTS, TRADEMARKS, LICENSES, ETC. (i) The Consolidated Companies have obtained and hold in full force and effect all 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 where the result of a failure to obtain and hold such patents, trademarks, service marks, trade names, copyrights, licenses and other such rights would have a Materially Material Adverse Effect, and (ii) to the knowledge best of Parent and Borrowerits 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 xxxxmark, trade name, copyright, license or other right owned by any other person othxx xerson and there is not presently pending, or to the knowledge of Parent and Borrowerits knowledge, threatened, any claim or litigation against or affecting any Consolidated Company contesting such Person’s '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 Material Adverse Effect.

Appears in 1 contract

Samples: Master Agreement (Choicepoint Inc)

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