Common use of Toshiba Subsidiaries Clause in Contracts

Toshiba Subsidiaries. The grant in Section 3.1 (entitled "Grant") shall also apply to any direct or indirect subsidiary of Toshiba that is majority-owned and controlled by Toshiba and only for so long as it remains majority-owned and controlled by Toshiba and that is listed in Exhibit D (entitled "Toshiba Subsidiaries") provided that Toshiba, prior to the exercise of any such rights by a subsidiary, obtains in writing such subsidiary's agreement to be bound by all the applicable restrictions and obligations under this Agreement. Upon request of Wink, Toshiba promptly shall provide Wink a copy of each such written agreement. Toshiba hereby guarantees the performance of such obligations and restrictions by each subsidiary exercising any rights under Section 3.1 as primary obligor and not merely as surety. Toshiba shall provide Wink with the name and contact information for an appropriate manager at each subsidiary in Exhibit D. Failure to list a subsidiary in Exhibit D shall have no effect on the obligations of Toshiba as set forth in this Section 3.1.1.

Appears in 2 contracts

Samples: Wink Application Server License Agreement (Wink Communications Inc), Wink Application Server License Agreement (Wink Communications Inc)

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Toshiba Subsidiaries. The grant in Section 3.1 (entitled "Grant") shall also apply to any direct or indirect subsidiary of Toshiba that is majority-owned and controlled by Toshiba and only for so long as it remains majority-owned and controlled by Toshiba and that is listed in Exhibit D (entitled "Toshiba Subsidiaries") C provided that Toshiba, prior to the exercise of any such rights by a subsidiary, obtains in writing such subsidiary's agreement to be bound by all the applicable restrictions and obligations under this Agreement. Upon request of Wink, Toshiba shall promptly shall provide Wink a copy of each such written agreement. Toshiba hereby guarantees the performance of such obligations and restrictions by each subsidiary exercising any rights under Section 3.1 as primary obligor and not merely as surety. Toshiba shall provide Wink with the name and contact information for an appropriate manager at each subsidiary in Exhibit D. C. Failure to list a subsidiary in Exhibit D C shall have no effect on the obligations of Toshiba as set forth in this Section 3.1.1.

Appears in 2 contracts

Samples: Wink Engine License Agreement (Wink Communications Inc), Wink Engine License Agreement (Wink Communications Inc)

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Toshiba Subsidiaries. The grant in Section 3.1 (entitled "Grant") shall also apply to any direct or indirect subsidiary of Toshiba that is majority-owned and controlled by Toshiba and only for so long as it remains majority-majority owned and controlled by Toshiba and that is listed in Exhibit D (entitled "Toshiba Subsidiaries") provided that Toshiba, prior to the exercise of any such rights by a subsidiary, obtains in writing such subsidiary's agreement to be bound by all the applicable restrictions and obligations under this Agreement. Upon request of Wink, Toshiba promptly shall provide Wink a copy of each such written agreement. Toshiba hereby guarantees the performance of such obligations and restrictions by each subsidiary exercising any rights under Section 3.1 as primary obligor and not merely as surety. Toshiba shall provide Wink with the name and contact information for an appropriate manager at each subsidiary in Exhibit D. Failure to list a subsidiary in Exhibit D shall have no effect on the obligations of Toshiba as set forth in this Section 3.1.1.

Appears in 1 contract

Samples: License Agreement (Wink Communications Inc)

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