Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 80 contracts
Samples: Loan and Security Agreement (Millendo Therapeutics, Inc.), Loan and Security Agreement (Inhibrx, Inc.), Loan and Security Agreement (Poseida Therapeutics, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s businessintellectual property; (b) promptly advise Collateral Agent Bank in writing of material infringement by a third party infringements of its Intellectual Propertyintellectual property; and (c) not allow any Intellectual Property intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral AgentBank’s prior written consent.
Appears in 23 contracts
Samples: Loan and Security Agreement (Eloqua, Inc.), Loan and Security Agreement (Eloqua, Inc.), Loan and Security Agreement (Reval Holdings Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its respective Intellectual Property; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 7 contracts
Samples: Loan and Security Agreement (Ardelyx, Inc.), Loan and Security Agreement (Axcella Health Inc.), Loan and Security Agreement (Cardiva Medical, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing upon becoming aware of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 6 contracts
Samples: Loan and Security Agreement (Kura Oncology, Inc.), Loan and Security Agreement (Regulus Therapeutics Inc.), Loan and Security Agreement (Adma Biologics, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s businessintellectual property; (b) promptly advise Collateral Agent Lenders in writing of material infringement by a third party infringements of its Intellectual Propertyintellectual property; and (c) not allow any Intellectual Property intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior Lenders’ written consent.
Appears in 5 contracts
Samples: Loan and Security Agreement (LendingClub Corp), Loan and Security Agreement (LendingClub Corp), Loan and Security Agreement (Zonare Medical Systems Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 5 contracts
Samples: Loan and Security Agreement (Transenterix Inc.), Loan and Security Agreement (Vitae Pharmaceuticals, Inc), Loan and Security Agreement (Vitae Pharmaceuticals, Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing of a challenge to the validity, or material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s its business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 4 contracts
Samples: Loan and Security Agreement (Celcuity Inc.), Loan and Security Agreement (Celcuity Inc.), Loan and Security Agreement (Imprimis Pharmaceuticals, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries Guarantor shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s businessits business except as otherwise determined in its reasonable business judgment so long as no Event of Default exists; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its respective material Intellectual PropertyProperty of which it obtains Knowledge; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 4 contracts
Samples: Loan and Security Agreement (Alimera Sciences Inc), Loan and Security Agreement (Alimera Sciences Inc), Loan and Security Agreement (Alimera Sciences Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s businessin a prudent business manner; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its respective Intellectual PropertyProperty that is material to its business; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 4 contracts
Samples: Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (Vapotherm Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s its business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 4 contracts
Samples: Loan and Security Agreement (Axcella Health Inc.), Loan and Security Agreement (Syndax Pharmaceuticals Inc), Loan and Security Agreement (Syndax Pharmaceuticals Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shallshall use commercially reasonable efforts to: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement infringements by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior Lenders’ written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Anacor Pharmaceuticals, Inc.), Loan and Security Agreement (Anacor Pharmaceuticals Inc), Loan and Security Agreement (Supernus Pharmaceuticals Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement of which it is aware by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Visterra, Inc.), Loan and Security Agreement (Visterra, Inc.), Loan and Security Agreement (Pacira Pharmaceuticals, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing upon becoming aware of any material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, abandoned forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Syros Pharmaceuticals, Inc.), Loan and Security Agreement (Syros Pharmaceuticals, Inc.), Loan and Security Agreement (Syros Pharmaceuticals, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect(i) Protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (bii) promptly advise Collateral Agent Lenders in writing of material infringement by a third party infringements or any other event that could reasonably be expected to materially and adversely affect the value of its Intellectual PropertyProperty material to Borrower’s business; and (ciii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral AgentLender’s prior written consent.
Appears in 3 contracts
Samples: Loan Agreement (Fluidigm Corp), Loan Agreement (Fluidigm Corp), Loan Agreement (Fluidigm Corp)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its respective material Intellectual Property; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Neuronetics, Inc.), Loan and Security Agreement (Neuronetics, Inc.), Loan and Security Agreement (Neuronetics, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consentunless Borrower determines it to be commercially reasonable to do so in its prudent business judgment and consistent with past practices.
Appears in 3 contracts
Samples: Loan and Security Agreement (Halozyme Therapeutics Inc), Loan and Security Agreement (Halozyme Therapeutics Inc), Loan and Security Agreement (Halozyme Therapeutics Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shallshall use commercially reasonable efforts to: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s businessintellectual property; (b) promptly advise Collateral Agent Bank in writing of material infringement by a third party infringements of its Intellectual Propertyintellectual property; and (c) not allow any Intellectual Property intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral AgentBank’s prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Fate Therapeutics Inc), Loan and Security Agreement (Fate Therapeutics Inc), Loan and Security Agreement (World Energy Solutions, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of any known material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Cerus Corp), Loan and Security Agreement (Cerus Corp), Loan and Security Agreement (Peregrine Pharmaceuticals Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property, which is material to the Borrower’s business; and (c) not allow any Intellectual Property material to Borrower’s business business, to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Adynxx, Inc.), Loan and Security Agreement (Adynxx, Inc.), Loan and Security Agreement (Alliqua BioMedical, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly after Borrower or any of its Subsidiaries obtains knowledge thereof, advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any owned Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Prometheus Biosciences, Inc.), Loan and Security Agreement (Prometheus Biosciences, Inc.), Loan and Security Agreement (Prometheus Biosciences, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of Intellectual Property that is material to its Intellectual Propertybusiness; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sientra, Inc.), Loan and Security Agreement (Sientra, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its material Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Senseonics Holdings, Inc.), Loan and Security Agreement (Senseonics Holdings, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly b)promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Miramar Labs, Inc.), Loan and Security Agreement (Miramar Labs, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual PropertyProperty which has any material value; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (RxSight, Inc.), Loan and Security Agreement (RxSight, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual PropertyProperty of which it is aware; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Constellation Pharmaceuticals Inc), Loan and Security Agreement (Constellation Pharmaceuticals Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its respective Intellectual Property; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Spectrum Pharmaceuticals Inc), Loan and Security Agreement (Arcutis Biotherapeutics, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property, if such infringement would reasonably be expected to have a Material Adverse Change; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (Hansen Medical Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its respective Intellectual PropertyProperty material to its business; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Rubius Therapeutics, Inc.), Loan and Security Agreement (scPharmaceuticals Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly upon obtaining knowledge thereof, advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (CareDx, Inc.), Loan and Security Agreement (CareDx, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material any infringement by a third party of its Intellectual PropertyProperty that is material to Borrower’s business; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Mabvax Therapeutics Holdings, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing of any material infringement by a third party of its respective Intellectual Property; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to BorrowerXxxxxxxx’s business; (b) promptly advise Collateral Agent in writing upon becoming aware of any material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Mersana Therapeutics, Inc.)
Protection of Intellectual Property Rights. Borrower Holdings and each of its Subsidiaries shallshall use commercially reasonable efforts to: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent the Lenders in writing of material infringement by a third party of its respective Intellectual Property; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s the prior written consentconsent of the Required Lenders.
Appears in 1 contract
Samples: Loan and Security Agreement (Senseonics Holdings, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing after Borrower becomes aware of material infringement by a third party of its the material Intellectual Property; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Tetraphase Pharmaceuticals Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly upon obtaining knowledge thereof, advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing of a challenge to the validity of Borrower’s interest in any material Intellectual Property of Borrower, or material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s its business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing upon Borrower becoming aware of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Galena Biopharma, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement known to Borrower by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its respective Intellectual PropertyProperty that is material to its respective business; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s businessin a prudent business manner; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its respective Intellectual PropertyProperty that is material to its business; and (c) not allow any of its respective Intellectual 118773011_2 Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and Guarantor each of its Subsidiaries shall: (a) use take commercially reasonable efforts measures to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Conatus Pharmaceuticals Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing upon becoming aware of any material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Reata Pharmaceuticals Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent and the Lenders in writing of a challenge threatened in writing or known by Borrower to the validity, or material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s its business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its respective Intellectual PropertyProperty that it has Knowledge of; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (GenMark Diagnostics, Inc.)
Protection of Intellectual Property Rights. Borrower shall, and shall cause each of its Subsidiaries shallto: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s businessProperty; (b) promptly advise Collateral Agent Bank in writing of material infringement by a third party infringements of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s or any Guarantor’s business to be abandoned, forfeited or dedicated to the public without Collateral AgentBank’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.in
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) shall use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that intellectual property which is material to necessary for the conduct of Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Each Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s businessintellectual property; (b) promptly advise Collateral Agent Bank in writing of material infringement by a third party infringements of its Intellectual Propertyintellectual property; and (c) not allow any Intellectual Property intellectual property material to such Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral AgentBank’s prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Covad Communications Group Inc)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its respective Intellectual PropertyProperty that is material to its business; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s business; its business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its respective Intellectual Property; Property material to its business; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (scPharmaceuticals Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s businessin a prudent business manner; (b) promptly advise Collateral Agent Lender in writing of material infringement by a third party of its respective Intellectual PropertyProperty that is material to its business; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral AgentLender’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s businessintellectual property; (b) promptly advise Collateral Agent Lenders in writing of material infringement by a third party infringements of its Intellectual Propertyintellectual property; and (c) not allow any Intellectual Property material to intellectual property necessary for the conduct of Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior Lenders’ written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Metabasis Therapeutics Inc)
Protection of Intellectual Property Rights. Borrower Holdings and each of its Subsidiaries shallshall use commercially reasonable efforts to: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent the Lenders in writing of material infringement by a third party of its respective Intellectual Property or any challenge asserted in writing against the Intellectual Property; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s the prior written consentconsent of the Required Lenders.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing upon becoming aware of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing upon obtaining knowledge of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property that is material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Avanir Pharmaceuticals, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shallshall use commercially reasonable efforts to: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual Property; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its Intellectual PropertyProperty material to Borrower’s business; and (c) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shallshall use commercially reasonable efforts to: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its respective Intellectual Property that is material to Borrower’s its business; (b) promptly advise Collateral Agent in writing of material infringement by a third party of its respective Intellectual Property; and (c) not allow any of its respective Intellectual Property material to Borrower’s its respective business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Senseonics Holdings, Inc.)
Protection of Intellectual Property Rights. Borrower and each of its Subsidiaries shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property that is material to Borrower’s businessintellectual property; (b) promptly advise Collateral Agent Lenders in writing of material infringement by a third party infringements of its Intellectual Propertyintellectual property; and (c) not allow any Intellectual Property material to intellectual property necessary for the conduct of Borrower’s 's business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s prior Lenders' written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Metabasis Therapeutics Inc)