Common use of Protection of Intellectual Property Collateral Clause in Contracts

Protection of Intellectual Property Collateral. (a) Each Debtor shall have the duty to protect, preserve and maintain all rights in each of the items of its Intellectual Property Collateral, including, without limitation, the duty to prosecute and/or defend against any and all suits concerning validity, infringement, enforceability, ownership or dilution or other aspects of such Intellectual Property Collateral, as well as the duty to register all of its material Copyrights with the United States Copyright Office and to make publications of all copyrighted materials with an appropriate copyright notice. Any expenses incurred in protecting, preserving and maintaining the Intellectual Property Collateral of any Debtor shall be borne by such Debtor. To the maximum extent permitted by law, after the occurrence of and during the continuance of an Event of Default, Lender shall have the right, without taking title to any Debtor's Intellectual Property Collateral, to bring suit, in Lender's name or in such Debtor's name or in both such names, as determined by Lender, to enforce any or all of such Intellectual Property Collateral or Lender's Security Interest therein, in which event such Debtor shall, at the request of Lender, do any and all lawful acts and execute any and all proper documents required by Lender in aid of such enforcement. All costs, expenses and other moneys advanced by Lender in connection with the foregoing shall be treated as an advance under Section 11(b) hereof, but the making of any such advance by Lender shall not relieve any such Debtor of any default hereunder. All monetary recoveries from any such suits instituted by Lender shall be retained by and owned solely by Lender. In addition, Debtors shall indemnify on a joint and several basis, (which indemnification shall survive any termination of this Agreement) and hold harmless Lender from any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements (including attorneys' fees and legal expenses) of any kind whatsoever which may be imposed on, incurred by or asserted against Lender in connection with or in any way arising out of such suits, proceedings or other actions. Notwithstanding the foregoing, Lender shall have no obligations or liabilities regarding any Debtor's Intellectual Property Collateral by reason of, or arising out of, this Agreement.

Protection of Intellectual Property Collateral. (a) Each Debtor shall have the duty to protect, preserve and maintain all rights in each of the items of its Intellectual Property Collateral, including, without limitation, the duty to prosecute and/or defend against any and all suits concerning validity, infringement, enforceability, ownership or dilution or other aspects of such Intellectual Property Collateral, as well as the duty to register all of its material Copyrights with the United States Copyright Office as Debtor deems appropriate in its reasonable business judgment and to make publications of all copyrighted materials with an appropriate copyright notice. Any expenses incurred in protecting, preserving and maintaining the Intellectual Property Collateral of any Debtor shall be borne by such Debtor. To the maximum extent permitted by law, after the occurrence of and during the continuance of an Event of Default, Lender shall have the right, without taking title to any Debtor's Intellectual Property Collateral, to bring suit, in Lender's name or in such Debtor's name or in both such names, as determined by Lender, to enforce any or all of such Intellectual Property Collateral or Lender's Security Interest therein, in which event such Debtor shall, at the request of Lender, do any and all lawful acts and execute any and all proper documents required by Lender in aid of such enforcement. All costs, expenses and other moneys advanced by Lender in connection with the foregoing shall be treated as an advance under Section SECTION 11(b) hereof, but the making of any such advance by Lender shall not relieve any such Debtor of any default hereunder. All monetary recoveries from any such suits instituted by Lender shall be retained by and owned solely by Lender. In addition, Debtors shall indemnify on a joint and several basis, (which indemnification shall survive any termination of this Agreement) and hold harmless Lender from any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements (including attorneys' fees and legal expenses) of any kind whatsoever which may be imposed on, incurred by or asserted against Lender in connection with or in any way arising out of such suits, proceedings or other actions. Notwithstanding the foregoing, Lender shall have no obligations or liabilities regarding any Debtor's Intellectual Property Collateral by reason of, or arising out of, this Agreement.

Protection of Intellectual Property Collateral. (a) Each Debtor Borrower shall have the duty to protect, preserve and maintain all rights in each of the items of its Intellectual Property Collateral, the loss of which is reasonably likely to have a Material Adverse Effect on Borrower's business, including, without limitation, the duty to prosecute, the failure of which to prosecute is reasonably likely to have a Material Adverse Effect, and/or defend against any and all suits concerning validity, infringement, enforceability, ownership or dilution or other aspects of such the Intellectual Property Collateral, as well as the duty to register all Copyrights, the failure of its material Copyrights which to register is likely to have a Material Adverse Effect on Borrower's business, with the United States Copyright Office and to make publications of all copyrighted materials materials, which have been registered with the U.S. Copyright Office, with an appropriate copyright notice. Any expenses incurred in protecting, preserving and maintaining the Intellectual Property Collateral of any Debtor shall be borne by such DebtorBorrower. To the maximum extent permitted by law, after the occurrence of and during the continuance of an Event of Default, Lender shall have the right, without taking title to any Debtor's of the Intellectual Property Collateral, to bring suit, in Lender's name or in such DebtorBorrower's name or in both such names, as determined by Lender, to enforce any or all of such the Intellectual Property Collateral or Lender's Security Interest therein, in which event such Debtor Borrower shall, at the request of Lender, do any and all lawful acts and execute any and all proper documents required by Lender in aid of such enforcement. All costs, expenses and other moneys advanced by Lender in connection with the foregoing shall be treated as an advance under Section 11(bSECTION 11(B) hereof, but the making of any such advance by Lender shall not relieve any such Debtor Borrower of any default hereunder. All monetary recoveries from any such suits instituted by Lender shall be retained by and owned solely by Lender. In addition, Debtors Borrower shall indemnify on a joint and several basis, (which indemnification shall survive any termination of this Agreement) and hold harmless Lender from any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements (including attorneys' fees and legal expenses) of any kind whatsoever which may be imposed on, incurred by or asserted against Lender in connection with or in any way arising out of such suits, proceedings or other actions. Notwithstanding the foregoing, Lender shall have no obligations or liabilities regarding any Debtor's or all of the Intellectual Property Collateral by reason of, or arising out of, this Agreement.

Protection of Intellectual Property Collateral. (a) Each ---------------------------------------------- Debtor shall have the duty to protect, preserve and maintain all of such Debtor's rights in each of the items of its Intellectual Property Collateral, including, without limitation, the duty to prosecute and/or defend against any and all suits concerning validity, infringement, enforceability, ownership or dilution or other aspects of such the Intellectual Property Collateral, as well as the duty to register all of its material Copyrights with the United States Copyright Office and to make publications of all copyrighted materials with an appropriate copyright notice. Any expenses incurred in protecting, preserving and maintaining the Intellectual Property Collateral of any Debtor shall be borne by such Debtor. To the maximum extent permitted by law, after the occurrence of and during the continuance of an Event of Default, Lender Agent shall have the right, without taking title to any Debtor's of the Intellectual Property Collateral, to bring suit, in LenderAgent's name or in such the respective Debtor's name or in both such names, as determined by LenderAgent, to enforce any or all of such the Intellectual Property Collateral or LenderAgent's Security Interest therein, in which event such Debtor shall, at the request of LenderAgent, do any and all lawful acts and execute any and all proper documents required by Lender Agent in aid of such enforcement. All costs, expenses and other moneys advanced by Lender Agent in connection with the foregoing shall be treated as an advance under Section 11(b) hereof, but the making of any such advance by Lender Agent ------------- shall not relieve any such Debtor of any default hereunder. All monetary recoveries from any such suits instituted by Lender shall be retained by and owned solely by Lender. In addition, Debtors each Debtor shall indemnify on a joint and several basis, (which indemnification shall survive any termination of this Agreement) and hold harmless Lender Agent from any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements (including attorneys' fees and legal expenses) of any kind whatsoever which may be imposed on, incurred by or asserted against Lender Agent in connection with or in any way arising out of such suits, proceedings or other actions. Notwithstanding the foregoing, Lender Agent shall have no obligations or liabilities regarding any Debtor's or all of the Intellectual Property Collateral by reason of, or arising out of, this Agreement.