Common use of Signs; Use of Company Name Clause in Contracts

Signs; Use of Company Name. Except as otherwise contemplated by this Agreement or any of the Operating Agreements, prior to December 31, 2005, the Parties, at TreeHouse’s expense, shall remove (or, if necessary, on an interim basis cover up) any and all exterior and interior signs and identifiers on the Transferred Assets that refer or pertain to any Dxxx Party or the Retained Business, or that refer or pertain to TreeHouse or the Transferred Businesses on the Retained Assets. After such period, (i) the TreeHouse Parties shall not use or display any Retained Name, or any variations thereof, or other trademarks, any trade names, logos or identifiers using any of such names or otherwise owned by or licensed to any Dxxx Party that have not been assigned or licensed to TreeHouse, and (ii) the Dxxx Parties shall not use or display any trademarks, trade names, logos or identifiers owned by or licensed to TreeHouse that have not been assigned or licensed to a Dxxx Party (collectively, the “Non-Permitted Names”), without the prior written consent of the other Party; provided, that notwithstanding the foregoing, nothing contained in this Agreement shall prevent either Party from using the other’s name in public filings with Governmental Authorities, materials intended for distribution to either Party’s stockholders or any other communication in any medium that describes the relationship between the Parties, including materials distributed to employees relating to the transition of employee benefit plans; and provided further, that TreeHouse shall be permitted to use its inventories of packaging and promotional materials and other supplies existing on the Distribution Date that bear any Retained Name.

Appears in 2 contracts

Samples: Distribution Agreement (TreeHouse Foods, Inc.), Distribution Agreement (Dean Foods Co/)

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Signs; Use of Company Name. Except as otherwise contemplated by this Agreement or provided in Section 7.8, as soon as practicable, and in any of event within 60 days after the Operating AgreementsEffective Date, prior to December 31, 2005, the PartiesDuPont and Conoco, at TreeHouse’s DuPont's expense, shall remove (or, if necessary, on an interim basis cover up) any and all exterior and interior signs and identifiers on the Transferred Assets that which refer or pertain to any Dxxx Party DuPont or the Retained BusinessBusiness on the Transferred Assets, in the case of Conoco, or that which refer to or pertain to TreeHouse Conoco or the Transferred Businesses Business on the Assets of DuPont or the Retained AssetsSubsidiaries, in the case of DuPont (in each case, other than on the Assets of any Delayed Company for so long as such company remains a Delayed Company). After such period, (i) the TreeHouse Parties Conoco shall not use or display any Retained Name, the name "DuPont" or any variations thereof, or other trademarks, any trade namestradenames, logos or identifiers using any of such names name or otherwise owned by or licensed to any Dxxx Party that DuPont which have not been assigned or licensed to TreeHouse, Conoco and (ii) the Dxxx Parties DuPont shall not use or display any the name "Conoco" or variations thereof, or other trademarks, trade namestradenames, logos or identifiers using such name or otherwise owned by or licensed to TreeHouse that Conoco which have not been assigned or licensed to a Dxxx Party DuPont (collectively, the “in each case, "Non-Permitted Names"), without the prior written consent of the other Partyother; provided, that however, notwithstanding the foregoing, that nothing contained in this Agreement shall prevent either Party DuPont or Conoco from using the other’s 's name in public filings with Governmental Authorities, materials intended for distribution to either Party’s party's stockholders or any other communication in any medium that which describes the relationship between the Parties, including materials distributed to employees relating to the transition of employee benefit plans; and provided further, that TreeHouse shall be permitted to use its inventories of packaging and promotional materials and other supplies existing on the Distribution Date that bear any Retained Nameparties.

Appears in 1 contract

Samples: Registration Rights Agreement (Dupont E I De Nemours & Co)

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Signs; Use of Company Name. Except As soon as otherwise contemplated by this Agreement or practicable, and in any of event within 180 days after the Operating Agreements, prior to December 31, 2005Distribution Date, the Parties, at TreeHouse’s Combined Specialty's expense, shall remove (or, if necessary, on an interim basis cover up) any and all exterior and interior signs and identifiers on the Transferred Assets that refer or pertain to Aon, any Dxxx Party of its Subsidiaries or the Retained BusinessBusiness on the Transferred Assets, in the case of Combined Specialty, or that refer or pertain to TreeHouse Combined Specialty, any of its Subsidiaries or the Transferred Businesses Business on the Retained Assets, in the case of Aon. After such period, (i) the TreeHouse Parties Combined Specialty and its Subsidiaries shall not use or display any Retained Name, the name "Aon," or any variations thereof, or other trademarks, any trade namestradenames, logos or identifiers using any of such names or otherwise owned by or licensed to Aon or any Dxxx Party of its Subsidiaries that have not been assigned or licensed to TreeHouseCombined Specialty or any of its Subsidiaries, and (ii) the Dxxx Parties Aon and its Subsidiaries shall not use or display the name "Combined Specialty," "Combined Specialty Corporation," or any variations thereof, or other trademarks, trade namestradenames, logos or identifiers using any of such names or otherwise owned by or licensed to TreeHouse Combined Specialty or any of its Subsidiaries that have not been assigned or licensed to a Dxxx Party Aon or any of its Subsidiaries (collectively, the “Non"NON-Permitted Names”PERMITTED NAMES"), without the prior written consent of the other Party; providedPROVIDED, HOWEVER, that notwithstanding the foregoing, nothing contained in this Agreement shall prevent either Party from using the other’s 's name in public filings with Governmental Authorities, materials intended for distribution to either Party’s 's stockholders or any other communication in any medium that describes the relationship between the Parties, including materials distributed to employees relating to the transition of employee benefit plans; and provided further, that TreeHouse shall be permitted to use its inventories of packaging and promotional materials and other supplies existing on the Distribution Date that bear any Retained Name.. 28

Appears in 1 contract

Samples: Distribution Agreement (Combined Specialty Corp)

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