Patents, Trademarks, Permits, Etc. Borrower and the REIT own, are licensed or otherwise have the lawful right to use, or have all permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, know-how and processes used in or necessary for the conduct of each such Person's business as currently conducted, the absence of which would have a Material Adverse Effect upon such Person. The use of such permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, know-how and processes by each such Person does not infringe on the rights of any Person, subject to such claims and infringements as do not, in the aggregate, give rise to any liability on the part of any such Person which would have a Material Adverse Effect on any such Person.
Patents, Trademarks, Permits, Etc. The REIT and each of its Subsidiaries owns, is licensed or otherwise has the lawful right to use, or has all permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, know-how and processes used in or necessary for the conduct of the REIT's or such Subsidiary's business as currently conducted, the absence of which would have a Material Adverse Effect. To the REIT's knowledge, the use of such permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, know-how and processes by the REIT or such Subsidiary does not infringe on the rights of any Person, subject to such claims and infringements as do not, in the aggregate, have a Material Adverse Effect.
Patents, Trademarks, Permits, Etc. Anixter and each Subsidiary of Anixter owns, is licensed or otherwise has the lawful right to use, or has all permits and other approvals of Governmental Authorities, patents, trademarks, service marks, trade names, copyrights, technology, know-how and processes used in or necessary for the conduct of its business as currently conducted which are material to its financial condition, business, operations, assets and prospects, individually or taken as a whole. The use of such permits and other approvals of Governmental Authorities, patents, trademarks, service marks, trade names, copyrights, technology, know-how and processes by each Borrower or any such Subsidiary does not infringe on the rights of any Person, subject to such claims and infringements the existence of which do not have or could not reasonably be expected to have a Material Adverse Effect. The consummation of the transactions contemplated by the Transaction Documents will not impair the ownership of or rights under (or the license or other right to use, as the case may be) any permits and governmental approvals, patents, trademarks, service marks, trade names, copyrights, technology, know-how or processes by Anixter or any such Subsidiary in any manner which has or could reasonably be expected to have a Material Adverse Effect.
Patents, Trademarks, Permits, Etc. Borrower and each of its Subsidiaries owns, is licensed or otherwise has the lawful right to use, or has all permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, know-how and processes used in or necessary for the conduct of Borrower's or such Subsidiary's business as currently conducted, the absence of which would have a Material Adverse Effect. To Borrower's knowledge, the use of such permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, know-how and processes by Borrower or such Subsidiary does not infringe on the rights of any Person, subject to such claims and infringements as do not, in the aggregate, have a Material Adverse Effect.
Patents, Trademarks, Permits, Etc. The Borrower and each of its Subsidiaries owns, is licensed or otherwise has the lawful right to use, or has all permits and other approvals of Governmental Authorities, patents, trademarks, service marks, trade names, copyrights, technology, know-how and processes used in or necessary for the conduct of its business as currently conducted which are material to the financial condition, business, operations, assets and prospects of the Borrower and its Subsidiaries taken as a whole. The use of such permits and other approvals of Governmental Authorities, patents, trademarks, service marks, trade names, copyrights, technology, know-how and processes by the Borrower or any of its Subsidiaries does not infringe on the rights of any Person, subject to such claims and infringements the existence of which do not have and could not reasonably be expected to have a Material Adverse Effect.
Patents, Trademarks, Permits, Etc. (i) The Borrower and each of the Material Subsidiaries, as applicable, owns, is licensed or otherwise has the lawful right to use, all patents, trademarks, trade names, registered copyrights, technology, know-how, and processes used in or necessary for the conduct of its respective business as currently conducted which are material to its operations and assets, taken as a whole. No claims are pending or, to the best of Borrower's knowledge following diligent inquiry, threatened that the Borrower or any of the Material Subsidiaries is infringing or otherwise adversely affecting the rights of any Person with respect to such patents, trademarks, trade names, copyrights, technology, know-how, and processes, except for such claims and infringements as do not, in the aggregate, give rise to any liability on the part of the Borrower or any Material Subsidiary which will, or is reasonably likely to, result in a Material Adverse Effect.
(ii) The consummation of the transactions contemplated by the Loan Documents will not impair the ownership of or rights under (or the license or other right to use, as the case may be) any patents, trademarks, trade names, copyrights, technology, know-how, or processes by the Borrower or any Material Subsidiary in any manner which will, or is reasonably likely to, result in a Material Adverse Effect.
(iii) Except to the extent otherwise provided herein, the Borrower and each of the Material Subsidiaries has all Permits necessary for the conduct of its respective business which are material to its operations and assets, except to the extent the failure to have such Permits would not reasonably be likely to result in a Material Adverse Effect.
Patents, Trademarks, Permits, Etc. The Borrower owns, is licensed or otherwise has the lawful right to use, or has all permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, know-how and processes used in or necessary for the conduct of its business as currently conducted which are material to its condition (financial or otherwise), operations and performance, taken as a whole. The use of such permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, know how and processes by the Borrower does not infringe on the rights of any Person, subject to such claims and infringements and does not, in the aggregate, give rise to any liability on the part of the Borrower which has or is reasonably likely to result in a Material Adverse Effect.
Patents, Trademarks, Permits, Etc. The Borrower, its Subsidiaries and its Affiliates own, license or otherwise have the lawful right to use, or have all permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, know-how and processes used in or necessary for the conduct of their respective businesses as currently conducted which are material to their condition (financial or otherwise), operations and performance, taken as a whole. The use of such permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, know how and processes by the Borrower, its Subsidiaries and its Affiliates does not infringe on the rights of any Person, subject to such claims and infringements and do not, in the aggregate, give rise to any liability on the part of the Borrower, its Subsidiaries and its Affiliates which has or is reasonably likely to have a Material Adverse Effect.
Patents, Trademarks, Permits, Etc. The Co-Borrowers, their Subsidiaries and Affiliates own, are licensed to use or otherwise have the lawful right to use, or have all permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, knowhow and processes used in or necessary for the conduct of their respective businesses as currently conducted, except as would not reasonably be likely to have a Material Adverse Effect. To the Co-Borrowers' knowledge, the use of such permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, know how and processes by the Co-Borrowers, their Subsidiaries and Affiliates does not infringe on the rights of any Person, subject to such claims and infringements and do not, in the aggregate, give rise to any liability on the part of the Co-Borrowers, their Subsidiaries and Affiliates which has or is reasonably likely to have a Material Adverse Effect. As of the Closing Date, the Co-Borrowers, their Subsidiaries and Affiliates have no filings or registrations for patents, trademarks or tradenames in the United States Patent and Trademark Office or the Canadian Intellectual Property Office (for patents, trademarks, copyrights or otherwise), except for the following patents, patent applications and licenses all of which have been filed in the United States Patent and Trademark Office: (i) one registered patent held by DRS Ahead Technology, Inc. for a "microglide burnish head" and (ii) all patents, patent applications and licenses described and listed on Schedule "B" of that certain Amended and Restated Patent Security Agreement and Mortgage dated October 20, 1998 executed by DRS Ahead Technology, Inc. and DRS FPA, L.P., as the debtors, in favor of the Agent, on behalf of and for the benefit of the Lenders.
Patents, Trademarks, Permits, Etc. Each of the Borrower, the ---------------------------------- Guarantors, their respective Subsidiaries and Affiliates owns, is licensed or otherwise has the lawful right to use, or has all permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, know-how and processes used in or necessary for the conduct of its respective business as currently conducted which are material to its respective condition (financial or otherwise), operations and performance, taken as a whole. The use of such permits and other governmental approvals, patents, trademarks, trade names, copyrights, technology, know how and processes by the Borrower, the Guarantors, their respective Subsidiaries and Affiliates does not infringe on the rights of any Person, subject to such claims and infringements and does not, in the aggregate, give rise to any liability on the part of the Borrower, the Guarantors, their respective Subsidiaries and Affiliates which has or is reasonably likely to result in a Material Adverse Effect.
