Security Interest and Collateral. Grantor hereby grants the Collateral Agent a security interest in and continuing lien on all of such Grantor’s right, title and interest in, to and under the following, in each case whether now owned or existing or hereafter acquired, developed, created or arising and wherever located (collectively, the “Patent Collateral”): i. Any United States and foreign issued patents (whether utility, design, or plant) and certificates of invention, and similar industrial property rights, and applications for any of the foregoing, in each case included in the Collateral, including: (i) all reissues, divisions, continuations, continuations-in-part, extensions, renewals, and reexaminations thereof, (ii) all rights corresponding, derived from or analogous thereto throughout the world and (iii) all inventions and improvements described or claimed therein, including any patent listed in Schedule 1 attached hereto (as such schedule may be amended or supplemented from time to time) (collectively, “Patents”); and ii. for any Patent, any (i) Proceeds therefrom and all rights to royalties, revenue, income, payments, claims, damages, and proceeds of suit and other payments arising therefrom; and (ii) all other accrued and unaccrued causes of action (whether in contract, tort or otherwise) or rights to claim, xxx or collect damages for or enjoin or obtain other legal or equitable relief for, an infringement, misuse, violation, unfair competition or other impairment (whether past, present or future) thereof, including expired items. For the avoidance of doubt, this Patent Security Agreement is not to be construed as an assignment of any Patent Collateral.
Appears in 1 contract
Samples: Horizon Aircraft, Engine and Propeller Pledge and Security Agreement (Alaska Air Group, Inc.)
Security Interest and Collateral. Grantor hereby grants the Collateral Agent a security interest in and continuing lien on all of such Grantor’s right, title and interest in, to and under the following, in each case whether now owned or existing or hereafter acquired, developed, created or arising and wherever located (collectively, the “Patent Trademark Collateral”):
i. Any a. all United States and foreign issued patents (trademarks, trade names, corporate names, company names, business names, fictitious business names, Internet domain names, trade dress, service marks, certification marks, collective marks, logos, social media identifiers, handles, other source or business identifiers, designs and general intangibles of a like nature, whether utilityarising under a statute, designcommon law, or plant) and certificates the laws of inventionany jurisdiction throughout the world, and similar industrial property rights, and applications for any of the foregoingwhether registered or unregistered, in each case included in the Collateral, including: (i) all reissuesregistrations, divisions, continuations, continuations-in-partapplications, extensions, renewals, renewals or other filings of any of the foregoing and reexaminations thereof, (ii) all rights corresponding, derived from or analogous thereto throughout of the world goodwill of the business connected with the use of and (iii) all inventions and improvements described or claimed thereinsymbolized by the foregoing, including any patent trademark listed in Schedule 1 attached hereto (as such schedule may be amended or supplemented from time to time) ), in each case and any successor or replacement trademarks thereto, (collectively, “PatentsTrademarks”); and
ii. b. for any PatentTrademark, any (i) Proceeds therefrom and all rights to royalties, revenuerevenues, income, payments, claims, damages, damages and proceeds of suit and other payments arising therefrom; and (ii) all other accrued and unaccrued causes of action (whether in contract, tort or otherwise) or rights to claim, xxx or collect damages for or enjoin or obtain other legal or equitable relief for, an infringement, misuse, dilution, violation, unfair competition competition, injury to goodwill or other impairment (whether past, present or future) thereof, including expired items. Notwithstanding the foregoing, the Trademark Collateral shall not include any “intent-to-use” application for registration of a Trademark filed with the USPTO pursuant to Section 1(b) of the Xxxxxx Act, 15 U.S.C. § 1051, prior to the filing of a “Statement of Use” pursuant to Section 1(d) of the Xxxxxx Act or an “Amendment to Allege Use” pursuant to Section 1(c) of the Xxxxxx Act with respect thereto, but solely to the extent, if any, that, and solely during the period, if any, in which, the grant of a security interest therein would impair the validity or enforceability of any registration that issues from such “intent-to-use” application under applicable federal law. For the avoidance of doubt, this Patent Trademark Security Agreement is not to be construed as an assignment of any Patent Trademark Collateral. For the avoidance of doubt, this Trademark Security Agreement is not to be construed as an assignment of any Trademark Collateral.
Appears in 1 contract
Samples: Pledge and Security Agreement (Sun Country Airlines Holdings, Inc.)
Security Interest and Collateral. Grantor hereby grants to the Collateral Agent a security interest in and continuing lien on all of such Grantor’s right, title and interest in, to and under the following, in each case whether now owned or 1" = "1" "WEIL:\97571225\8\13173.0005" "" WEIL:\97571225\8\13173.0005 existing or hereafter acquired, developed, created or arising and wherever located (collectively, the “Patent Copyright Collateral”):
i. Any any United States or foreign: (i) copyrights, whether registered or unregistered, whether in published or unpublished works of authorship; (ii) copyright registrations or applications in any IP Filing Office; (iii) copyright renewals or extensions; and foreign issued patents (whether utilityiv) rights corresponding, design, derived from or plant) and certificates of invention, and similar industrial property rights, and applications for any of analogous to the foregoing, in each case included in the Collateral, including: including any copyright listed in Schedule 1 attached hereto (ias such schedule may be amended or supplemented from time to time) all reissues(collectively “Copyrights”);
ii. any agreements, divisionswhether or not styled as a “license,” that grant to Grantor an exclusive license to use or exercise rights in any registered or applied-for Copyright, continuations, continuations-in-part, extensions, renewals, and reexaminations thereof, (ii) all rights corresponding, derived from or analogous thereto throughout included in the world and (iii) all inventions and improvements described or claimed thereinCollateral, including any patent agreement listed in Schedule 1 attached hereto (as such schedule may be amended or supplemented from time to time) (collectively, “PatentsCopyright Licenses”); and
iiiii. for any PatentCopyright or Copyright License, any (i) Proceeds therefrom and all rights to royalties, revenuerevenues, income, payments, claims, damages, damages and proceeds of suit and other payments arising therefrom; and (ii) all other accrued and unaccrued causes of action (whether in contract, tort or otherwise) or rights to claim, xxx or collect damages for or enjoin or obtain other legal or equitable relief for, an infringement, misuse, violation, unfair competition or other impairment (whether past, present or future) thereof, including expired items. For the avoidance of doubt, this Patent Copyright Security Agreement is not to be construed as an assignment of any Patent Copyright Collateral.
Appears in 1 contract
Security Interest and Collateral. Grantor hereby grants the Collateral Agent a security interest in and continuing lien on all of such Grantor’s right, title and interest in, to and under the following, in each case whether now owned or existing or hereafter acquired, developed, created or arising and wherever located (collectively, the “Patent Collateral”):
i. a. Any United States and foreign issued patents (whether utility, design, or plant) and certificates of invention, and similar industrial property rights, and applications for any of the foregoing, in each case included in the Collateral, including: (i) all reissues, divisions, continuations, continuations-in-part, extensions, renewals, and reexaminations thereof, (ii) all rights corresponding, derived from or analogous thereto throughout the world and (iii) all inventions and improvements described or claimed therein, including any patent listed in Schedule 1 attached hereto (as such schedule may be amended or supplemented from time to time) (collectively, “Patents”); and
ii. b. for any Patent, any (i) Proceeds therefrom and all rights to royalties, revenue, income, payments, claims, damages, and proceeds of suit and other payments arising therefrom; and (ii) all other accrued and unaccrued causes of action (whether in contract, tort or otherwise) or rights to claim, xxx or collect damages for or enjoin or obtain other legal or equitable relief for, an infringement, misuse, violation, unfair competition or other impairment (whether past, present or future) thereof, including expired items. For the avoidance of doubt, this Patent Security Agreement is not to be construed as an assignment of any Patent Collateral.
Appears in 1 contract
Samples: Pledge and Security Agreement (Sun Country Airlines Holdings, Inc.)
Security Interest and Collateral. Grantor hereby grants to the Collateral Agent a security interest in and continuing lien on all of such Grantor’s right, title and interest in, to and under the following, in each case whether now owned or 1" = "1" "WEIL:\97602794\8\13173.0005" "" WEIL:\97602794\8\13173.0005 existing or hereafter acquired, developed, created or arising and wherever located (collectively, the “Patent Copyright Collateral”):
i. Any any United States or foreign: (i) copyrights, whether registered or unregistered, whether in published or unpublished works of authorship; (ii) copyright registrations or applications in any IP Filing Office; (iii) copyright renewals or extensions; and foreign issued patents (whether utilityiv) rights corresponding, design, derived from or plant) and certificates of invention, and similar industrial property rights, and applications for any of analogous to the foregoing, in each case included in the Collateral, including: including any copyright listed in Schedule 1 attached hereto (ias such schedule may be amended or supplemented from time to time) all reissues(collectively “Copyrights”);
ii. any agreements, divisionswhether or not styled as a “license,” that grant to Grantor an exclusive license to use or exercise rights in any registered or applied-for Copyright, continuations, continuations-in-part, extensions, renewals, and reexaminations thereof, (ii) all rights corresponding, derived from or analogous thereto throughout included in the world and (iii) all inventions and improvements described or claimed thereinCollateral, including any patent agreement listed in Schedule 1 attached hereto (as such schedule may be amended or supplemented from time to time) (collectively, “PatentsCopyright Licenses”); and
iiiii. for any PatentCopyright or Copyright License, any (i) Proceeds therefrom and all rights to royalties, revenuerevenues, income, payments, claims, damages, damages and proceeds of suit and other payments arising therefrom; and (ii) all other accrued and unaccrued causes of action (whether in contract, tort or otherwise) or rights to claim, xxx or collect damages for or enjoin or obtain other legal or equitable relief for, an infringement, misuse, violation, unfair competition or other impairment (whether past, present or future) thereof, including expired items. For the avoidance of doubt, this Patent Copyright Security Agreement is not to be construed as an assignment of any Patent Copyright Collateral.
Appears in 1 contract
Samples: Aircraft and Engine Pledge and Security Agreement (Alaska Air Group, Inc.)