Permitted Name Reference Sample Clauses

Permitted Name Reference. (a) Subject to the prior written approval of JH, JH agrees that AAI, and to the extent provided below Sephora ("Sephora"), may make a factual statement that: (1) certain Skin Care Parameter testing methodologies have been developed by fl or found by JH to be effective pursuant to Sections 1(a) and 1(b) above, which statement may be used within AAI Facilities and retail outlets of Sephora (so long as the conditions set forth below are satisfied) and on their respective websites arid in other media as mutually agreed upon by JH and AAI, and (ii) certain skin care products have been found to be effective based on the JH Testing Standards pursuant to Sections 1(d) and 1(e) above, which statement may be used by placing it on the product in question (collectively, the "Permitted Statement of Fact"). Hypothetical examples of permissible ways in which the Permitted Statement of Fact may be made are set forth on EXHIBIT 1 to this Agreement. JH reserves the right to approve the specific context in which any Permitted Statement of Fact is used including the prominence and frequency of usage and juxtaposition with other content. Specifically, but without limitation: (i) any skin care product bearing Permitted Statement of Fact may be sold only in an AAI Facility, a retail outlet of Sephora oz through such other outlets as are mutually agreed upon by JH and AAI, and (ii) a Permitted Statement of Fact regarding Skin Care Parameter testing methodologies may be made only within an AAI Facility or Sephora outlet that in fact adheres to such methodologies. With respect to Sephora, Permitted Statements of Fact may be used only so long as Sephora continues to (i) be a wholly-owned subsidiary of LVMH, and (ii) market its retail outlets in a high quality manner to a sophisticated customer base with each outlet staffed by highly trained skin experts and supported by reliable and accurate skin diagnostics, and (iii) comply with the restrictions on usage of Permitted Statements of Fact and the Mark as set forth in this Agreement. At or prior to execution of xxxx Agreement, AAI will provide JH with a commitment from Sephora to comply with such restrictions. Lu addition, to the extent any retail outlet of AAI and Sephora indicates that it adheres to testing for Skin Care Parameters developed or validated by JH, JH reserves the right, at AAI's expense, to make periodic inspections of such retail outlet to confirm that it is appropriately utilizing such testing standards. Such inspect...
Sample 1
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Related to Permitted Name Reference

  • Time References Unless otherwise indicated herein, all references to time of day refer to Eastern Standard Time or Eastern daylight saving time, as in effect in New York City on such day. For purposes of the computation of a period of time from a specified date to a later specified date, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding”; provided, however, that with respect to a computation of fees or interest payable to any Secured Party, such period shall in any event consist of at least one full day.

  • Change of Name or Location Merchant will not conduct Merchant’s businesses under any name other than as disclosed to the Processor and FUNDER, nor shall Merchant change any of its places of business without prior written consent by FUNDER.

  • Captions and Cross References; Incorporation by Reference The various captions (including, without limitation, the table of contents) in this Agreement are included for convenience only and shall not affect the meaning or interpretation of any provision of this Agreement. References in this Agreement to any underscored Section or Exhibit are to such Section or Exhibit of this Agreement, as the case may be. The Exhibits hereto are hereby incorporated by reference into and made a part of this Agreement.

  • Definitions; References Unless otherwise defined in this Agreement, each term used in this Agreement which is defined in the Credit Agreement has the meaning assigned to such term in the Credit Agreement.

  • Purpose; Incorporation by Reference of Auction Procedures (a) On each Auction Date, the provisions of the Auction Procedures will be followed by the Auction Agent for the purpose of determining the Applicable Rate for each series of Preferred Shares, for each Dividend Period. Each periodic operation of such procedures is hereinafter referred to as an "Auction."

  • Definitions and References Capitalized terms not otherwise defined herein have the meanings assigned in the Credit Agreement. All references to the Credit Agreement contained in the Collateral Documents and the other Loan Documents, as amended or amended and restated, shall, upon the execution of this Amendment, mean the Credit Agreement as amended by this Amendment.

  • Change of Name or Location of Loan Files The Servicer shall not (x) change its name, move the location of its principal place of business and chief executive office, change the offices where it keeps records concerning the Collateral from the location referred to in Section 13.2, or change the jurisdiction of its formation, or (y) move, or consent to the Collateral Custodian moving, the Required Asset Documents and Asset Files from the location thereof on the Closing Date, unless the Servicer has given at least 30 days’ written notice to the Administrative Agent and has taken all actions required under the UCC of each relevant jurisdiction in order to continue the first priority perfected security interest of the Administrative Agent as agent for the Secured Parties in the Collateral.

  • Captions and Cross References The various captions (including, without limitation, the table of contents) in this Agreement are provided solely for convenience of reference and shall not affect the meaning or interpretation of any provision of this Agreement. Unless otherwise indicated, references in this Agreement to any Section, Appendix, Schedule or Exhibit are to such Section of or Appendix, Schedule or Exhibit to this Agreement, as the case may be, and references in any Section, subsection, or clause to any subsection, clause or subclause are to such subsection, clause or subclause of such Section, subsection or clause.

  • Change of Name; Location of Collateral; Records; Place of Business (a) Each Grantor agrees promptly to notify the Collateral Agent in writing of any change (i) in its corporate name or in any trade name used to identify it in the conduct of its business or in the ownership of its properties, (ii) in the location of its chief executive office, its principal place of business, any office in which it maintains books or records relating to Collateral owned by it or any office or facility at which Collateral owned by it is located (including the establishment of any such new office or facility), (iii) in its identity or corporate structure or (iv) in its Federal Taxpayer Identification Number. Each Grantor agrees not to effect or permit any change referred to in the preceding sentence unless all filings have been made under the Uniform Commercial Code or otherwise that are required in order for the Collateral Agent to continue at all times following such change to have a valid, legal and perfected first priority security interest in all the Collateral. Each Grantor agrees promptly to notify the Collateral Agent if any material portion of the Collateral owned or held by such Grantor is damaged or destroyed.

  • SERVICES NOT EXCLUSIVE/USE OF NAME Your services to the Fund pursuant to this Agreement are not to be deemed to be exclusive, and it is understood that you may render investment advice, management and other services to others, including other registered investment companies, provided, however, that such other services and activities do not, during the term of this Agreement, interfere in a material manner, with your ability to meet all of your obligations with respect to rendering services to the Fund. The Trust and you acknowledge that all rights to the name “Simplify Asset” or any variation thereof belong to you, and that the Trust is being granted a limited license to use such words in in the names of its series or in any class name. In the event you cease to be the adviser to the Fund, the Trust’s right to the use of the name “Simplify Asset” shall automatically cease on the ninetieth day following the termination of this Agreement. The right to the name may also be withdrawn by you during the term of this Agreement upon ninety (90) days’ written notice by you to the Trust. Nothing contained herein shall impair or diminish in any respect, your right to use the name “Simplify Asset” in the name of, or in connection with, any other business enterprises with which you are or may become associated. There is no charge to the Trust for the right to use this name.

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