Common use of Patents, Trademarks, Trade Names Clause in Contracts

Patents, Trademarks, Trade Names. The Seller owns, is licensed, or otherwise has the right to use all patents, trademarks, servicemarks, trade names, and copyrights which are included in the Purchased Assets. Section 2.6 of the Seller Disclosure Schedule contains a complete and accurate list of the following Purchased Assets: (i) all issued patents, registered trademarks, registered servicemarks, registered copyrights, and all applications therefor, and (ii) all agreements relating to technology, know-how, or processes that the Seller is licensed, assignee or otherwise authorized to use by others or licenses or authorizes others to use. Except as set forth in any of such licenses or agreements, the Seller has the sole and exclusive right to use the patents, trademarks, servicemarks, trade names, copyrights, technology, know-how, and processes owned by the Seller, and to the Seller’s knowledge, no consent of any third party is required for the use thereof by the Seller upon completion of the transfer of the Purchased Assets. To the Seller’s knowledge, no claims have been asserted against the Seller by any Person in the past two (2) years challenging the Seller’s use of any such patents, trademarks, servicemarks, trade names, copyrights, technology, know-how, or processes, or challenging or questioning the validity or effectiveness of any such license or agreement. The Seller has not received any written notice in the past two (2) years alleging that the use of such patents, trademarks, servicemarks, trade names, copyrights, technology, know-how, or processes by the Seller infringes on the rights of any other person.

Patents, Trademarks, Trade Names. The Except as set forth on Disclosure Schedule 2.11, the Seller owns, is licensed, or otherwise has the full right to use all patents, trademarks, servicemarks, trade names, and copyrights which are included used in the Purchased Assets. Section 2.6 business of the Seller Company as currently conducted. Disclosure Schedule 2.11, Intellectual Materials Owned or Controlled by Company, attached hereto contains a complete and accurate list of the following Purchased Assets: (i) all issued patents, registered trademarks, registered servicemarks, registered trade names, copyrights, technology, know-how, recipes, and processes used or proposed to be used by the Seller in operation of the Company's Business, all applications therefore, and all applications thereforlicenses and other agreements relating thereto, and (ii) all agreements relating to technology, know-how, recipes, or processes that the Seller is licensed, assignee licensed or otherwise authorized to use by others or licenses or authorizes others to use. Except as set forth in any of such licenses or agreements, the Seller has the sole and exclusive right to use the its patents, trademarks, servicemarks, trade names, copyrights, technology, know-how, recipes, and processes owned by the Selleridentified in Disclosure Schedule 2.11 hereto, and to the Seller’s knowledge, no consent of any third party is required for the use thereof by the Seller Company upon completion of the transfer of the Purchased AssetsTransferred Membership Interest to Purchaser. To the Seller’s knowledge, no No claims have been asserted against the Seller by any Person in person to the past two (2) years challenging the Seller’s use of any such patents, trademarks, servicemarks, trade names, copyrights, technology, know-how, recipes, or processes, or challenging or questioning the validity or effectiveness of any such license or agreement, and the Seller knows of no valid basis for any such claims. The Seller has not received any written notice in the past two (2) years alleging or is aware of any facts or alleged facts indicating that the use of such patents, trademarks, servicemarks, trade names, copyrights, technology, know-how, recipes, or processes by the Seller Company infringes on the rights of any other person. No additional proprietary rights other than those listed on Disclosure Schedule 2.11 hereto are necessary or material to the conduct the Company's Business.

Patents, Trademarks, Trade Names. The Seller owns, is has licensed, or otherwise has the full right to use all patents, trademarks, servicemarks, trade names, and copyrights which are included used in the Purchased Assets. Section 2.6 business of the Seller Disclosure as currently conducted. Schedule 4.7 hereto contains a complete and accurate list of the following Purchased Assets: (i) all issued patents, registered trademarks, registered servicemarks, registered trade names copyrights, technology, know-how, recipes, and processes used or proposed to be used by the Seller, all applications therefor, and all applications thereforlicenses and other agreements relating thereto, and (ii) all agreements relating to technology, know-how, or processes that the Seller is licensed, assignee licensed or otherwise authorized to use by others or licenses or authorizes others to use. Except as set forth in any of such licenses or agreements, the Seller has the sole and exclusive right to use the its patents, trademarks, servicemarks, trade names, copyrights, technology, know-how, recipes, and processes owned by the Selleridentified in Schedule 4.7 hereto, and to the Seller’s knowledge, no consent of any third party is required for the use thereof by the Seller upon completion of the transfer of the Purchased Assets. To the best knowledge of the Seller’s knowledge, no claims have been asserted against the Seller by any Person in person to the past two (2) years challenging the Seller’s use of any such patents, trademarks, servicemarks, trade names, copyrights, technology, know-how, or processes, or challenging or questioning the validity or effectiveness of any such license or agreement, and the Seller knows of no valid basis for any such claims. The Seller has not received any written notice in the past two (2) years alleging or is aware of any facts or alleged facts indicating that the use of such patents, trademarks, servicemarks, trade names, copyrights, technology, know-how, or processes by the Seller infringes on the rights of any other person.

Patents, Trademarks, Trade Names. The Seller owns, is licensed, or otherwise has the right to use all patents, trademarks, servicemarks, trade names, and copyrights which are included in the Purchased Assets. Section 2.6 2.7 of the Seller Disclosure Schedule contains a complete and accurate list of the following Purchased Assets: (i) all issued patents, registered trademarks, registered servicemarks, registered copyrights, and all applications therefor, and (ii) all agreements relating to technology, know-know how, or processes that the Seller is licensed, assignee licensed or otherwise authorized to use by others or licenses or authorizes others to use. Except as set forth in any of such licenses or agreements, the Seller has the sole and exclusive right to use the patents, trademarks, servicemarks, trade names, copyrights, technology, know-how, and processes owned by the Seller, and to the Seller’s knowledge, no consent of any third party is required for the use thereof by the Seller upon completion of the transfer of the ofthe Purchased Assets. To the Seller’s knowledge, no claims have been asserted against the Seller by any Person in the past two (2) years challenging the Seller’s use of any such patents, trademarks, servicemarks, trade names, copyrights, technology, know-how, or processes, or challenging or questioning the validity or effectiveness of any such license or agreement. The Seller has not received any written notice in the past two (2) years alleging that the use of such patents, trademarks, servicemarks, trade names, copyrights, technology, know-how, or processes by the Seller infringes on the rights of any other person.