Common use of Rail Marks Clause in Contracts

Rail Marks. Sellers own and have the right to use the Rail Marks, free and clear of all Encumbrances other than Permitted Encumbrances. To Sellers’ Knowledge, Schedule 3.10(g) hereto contains a list of all material licenses, sublicenses and other agreements pursuant to which any Seller has authorized any other Person to use the Rail Marks. To Sellers’ Knowledge, the Rail Marks do not infringe upon, violate or misappropriate the rights of any Person. Consummation of the transactions contemplated hereby will not result in the loss or impairment of the Rail Marks or any material right pertaining thereto. To Sellers’ Knowledge, there is no infringement or unauthorized use by any Person of the Rail Marks. Schedule 1.12 lists all of the Rail Car reporting marks owned by Sellers.

Appears in 4 contracts

Sources: Asset Purchase Agreement (PLM Equipment Growth & Income Fund Vii), Asset Purchase Agreement (PLM Equipment Growth Fund Vi), Asset Purchase Agreement (Professional Lease Management Income Fund I LLC)