TRADE STYLES Sample Clauses

TRADE STYLES. Except as may be set forth on the Collateral Disclosure Certificate, neither the Borrower nor any Subsidiary uses trade names or trade styles (herein, "Trade Styles") in their business operations and warrant that the same shall continue, except for any additional Trade Styles after the date hereof with respect to which the Borrower has given the Collateral Agent at least thirty (30) days prior written notice thereof. In any event, to the extent that, now or hereafter, the Borrower uses any Trade Styles, the Borrower hereby represents and warrants in favor of the Collateral Agent that: (i) all of the accounts receivable and proceeds with respect thereto arising out of sales under the Trade Styles shall be the property of, and belong to, the Borrower and shall constitute Accounts Receivable Collateral; (ii) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which the Borrower identifies and sells certain of their products or services and under which they may conduct a portion of their business; (iii) all accounts receivable, proceeds thereof, and returned merchandise which arise from the sale of products invoiced under the names of any of the Trade Styles shall be owned solely by the Borrower and shall be subject to the terms of this Agreement as they relate to Accounts Receivable Collateral; and (iv) the Borrower hereby appoints the Collateral Agent as its attorney-in-fact to file such certificates disclosing the Borrower's use of the Trade Styles and to take such other actions on its behalf as are necessary to comply with the statutes of any states relating to the use of fictitious or assumed business names, to the extent that the Borrower fails to do so.
AutoNDA by SimpleDocs
TRADE STYLES. Receivables under this Agreement shall include those created by our doing business under the following trade styles, all of which have been duly and properly registered:
TRADE STYLES. Except as may be set forth on the Collateral Disclosure Certificates, the Borrowers and the Guarantors use no trade names or trade styles (herein, "Trade Styles") in their business operations and warrant that the same shall continue, except for any additional Trade Styles after the date hereof with respect to which the Borrowers or the Guarantors have given the Agent at least 30 days prior written notice thereof. In any event, to the extent that, now or hereafter, the Borrowers or the Guarantors use any Trade Styles, the Borrowers and Guarantors hereby represent and warrant in favor of the Agent that:(a) all of the Accounts and proceeds with respect thereto arising out of sales under the Trade Styles shall be the property of, and belong to, the Borrowers and Guarantors and shall constitute Accounts as such term is defined herein; (b) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which the Borrowers and the Guarantors identify and sell certain of their products or services and under which they may conduct a portion of their business; (c) all Accounts, proceeds thereof, and returned merchandise which arise from the sale of products invoiced under the names of any of the Trade Styles shall be owned solely by the Borrowers or Guarantors and shall be subject to the terms of this Agreement as they relate to Accounts and the Collateral; and (d) each Borrower and Guarantor hereby appoints the Agent as its attorney-in-fact to file such certificates disclosing such Borrower's or Guarantor's use of the Trade Styles and to take such other actions on its behalf as are necessary to comply with the statutes of any states relating to the use of fictitious or assumed business names, to the extent that such Borrower or Guarantor fails to do so after notice to such Borrower or Guarantor and an opportunity to cure for a period of thirty (30) calendar days.
TRADE STYLES. Except as may be set forth on the Obligor Information Schedule attached hereto, it uses no trade names or trade styles in its business operations (herein, "TRADE STYLES"), and it covenants with Lender not to use any Trade Styles in its business operations hereafter, except as so specified on the Obligor Information Schedule prior to having given Lender at least thirty (30) days prior written notice thereof. In any event, to the extent that, now or hereafter, it uses any Trade Styles, it hereby certifies and agrees with Lender that: (i) all of the accounts receivable and proceeds thereof arising out of sales under the Trade Styles shall be the property of, and belong to, it; (ii) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which it identifies and sells certain of its products or services and under which it may conduct a portion of its business; (iii) all accounts receivable, proceeds thereof, and returned merchandise which arise from the sale of products invoiced under the names of any of the Trade Styles shall be owned solely by it and shall be subject to the terms of this Agreement as they relate to its Accounts Receivable Collateral; and (iv) each Obligor hereby appoints Lender as its attorney-in-fact to file such certificates disclosing its use of the Trade Styles and to take such other actions on its behalf as are necessary to comply with the statutes of any states relating to the use of fictitious or assumed business names, to the extent that it fails to do so.
TRADE STYLES. Except as may be set forth on Exhibit "D" attached hereto, neither Borrower nor any Subsidiary uses any trade names or trade styles in its business operations (herein, "Trade Styles"), and Borrower covenants with Lender not to use or allow any Subsidiary to use any Trade Styles in their business operations hereafter, except as so specified on Exhibit "D" prior to having given Lender at least thirty (30) days written notice thereof. In any event, to the extent that, now or hereafter, Borrower or any Subsidiary uses any Trade Styles, Borrower hereby certifies and agrees with Lender that: (i) all of the accounts receivable and proceeds thereof arising out of sales under the Trade Styles shall be the property of, and belong to, Borrower or a Subsidiary; (ii) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which Borrower or a Subsidiary identifies and sells certain of its products or services and under which it may conduct a portion of its business; and (iii) all accounts receivable and proceeds thereof invoiced under the names of any of the Trade Styles shall be owned solely by Borrower or a Subsidiary and shall be subject to the terms of this Agreement as they relate to Collateral.
TRADE STYLES. Receivables under this Agreement shall include those created by our doing business under the following trade styles, all of which have been duly and properly registered: Alyssa Brooxx Xxxxx Erikx Xxxensions Private Party Return to Nature Ricki Sugar Blues Sugar Co. Ltd. White Mountain College Miss Erikx, Xxc. By: /s/ Sanfxxx Xxxxxxxxx -------------------------- Title: Chairman of the Board ACCEPTANCE The foregoing Factoring Agreement is accepted in Atlanta, Georgia as of the _________ day of ___________ , 19__ . NationsBanc Commercial Corporation By: /s/ Stewxxx X. Xxxx -------------------- Title: President
TRADE STYLES. Receivables under this Agreement shall include those created by our doing business under the following trade styles, all of which have been duly and properly registered: Candie's; Bongo; Aspen; Crayons; Bright Star Candie's, Inc. By: /s/ Xxxx Xxxxx VP Finance --------------------------------- (Title) Bright Star Footwear, Inc. By: /s/ Xxxx Xxxxx VP Finance --------------------------------- (Title) ACCEPTANCE The foregoing Factoring Agreement is accepted in Atlanta, Georgia as of the 27th day of May, 1998. NationsBanc Commercial Corporation By: /s/ Xxxxxx Xxxxxxx SVP --------------------------------- (Title) Funds Employed
AutoNDA by SimpleDocs
TRADE STYLES. Receivables under this Agreement shall include those created by our doing business under the following trade styles, all of which have been duly and properly registered: Norton McNaxxxxxx Pant-Her Woman Norton McNaxxxxxx Xxxites Pant-Her Petites McNaxxxxxx Xxxr Modiano McNaxxxxxx Xxxr Petites Modiano Woman McNaxxxxxx Xxxr Woman Maggxx XxXxxxxxxx Pant-Her Maggxx XxXxxxxxxx Xxxites Modiano Petite Danixxxx Xxxxx D.P.S. D.P.S. Woman Norton Studio Norton Studio Woman Kathxxxxx Xxxix Kathxxxxx Xxxix Xxxite Kathxxxxx Xxxix Xxxan Lauren Alexxxxxx Xxxxxx Xxxxxxxxx Xxxan Norton McNaxxxxxx xx Squixx, Xxc. By: /s/ Sanfxxx Xxxxxxxxx ---------------------- Title: Chairman of the Board and CEO

Related to TRADE STYLES

  • Trade Secrets (i) With respect to each Trade Secret, the documentation relating to such Trade Secret is current, accurate, and sufficient in detail and content to identify and explain it and to allow its full and proper use without reliance on the knowledge or memory of any individual.

  • Trademarks All tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property;

  • Tradenames The Borrower has no trade names, fictitious names, assumed names or “doing business as” names or other names under which it has done or is doing business.

  • Trademarks; Tradenames As soon as practicable after the Closing Date, Seller shall eliminate the use of all of the trademarks, tradenames, service marks and service names used in the Business, in any of their forms or spellings, on all advertising, stationery, business cards, checks, purchase orders and acknowledgments, customer agreements and other contracts and business documents. Seller shall grant Buyer the right to use the ClearStory name, as described in the Trademark License Agreement at Exhibit B.

  • Trademarks, Etc Except to the extent required by applicable law, no Party shall use any other Party's names, logos, trademarks or service marks, whether registered or unregistered, without the prior consent of such Party.

  • Trademark Except for purposes of identification of Products or Services, no right, title, interest, or license in or to any trademark or service xxxx of Licensor is granted to Distributor under this Agreement. Distributor may on its business cards state that Distributor is an authorized distributor for the licensing of the Products and provision of Services of Licensor. Distributor shall not contest the validity of such marks or Licensor's exclusive ownership of them. During the term of this Agreement, Distributor shall not adopt, use, or register, whether as a corporate name, trademark, service xxxx or other indication of origin, any such marks, or any word or xxxx confusingly similar to them in any jurisdiction.

  • Trade Secret The term “Trade Secret” for purposes of this Agreement shall mean information, including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers that:

  • Trade Secrets and Customer Lists Officer agrees to hold in strict confidence all information concerning any matters affecting or relating to the business of Corporation and its subsidiaries and affiliates, including, without limiting the generality of the foregoing, its manner of operation, business plans, business prospects, agreements, protocols, processes, computer programs, customer lists, market strategies, internal performance statistics, financial data, marketing information and analyses, or other data, without regard to the capacity in which such information was acquired. Officer agrees that he will not, directly or indirectly, use any such information for the benefit of any person or entity other than Corporation or disclose or communicate any of such information in any manner whatsoever other than to the directors, officers, employees, agents, and representatives of Corporation who need to know such information, who shall be informed by Officer of the confidential nature of such information and directed by Officer to treat such information confidentially. Such information does not include information which (i) was or becomes generally available to the public other than as a result of a disclosure by Officer or his representatives, or (ii) was or becomes available to Officer on a non-confidential basis from a source other than Corporation or its advisors provided that such source is not known to Officer to be bound by a confidentiality agreement with Corporation, or otherwise prohibited from transmitting the information to Officer by a contractual, legal or fiduciary obligation; notwithstanding the foregoing, if any such information does become generally available to the public, Officer agrees not to further discuss or disseminate such information except in the performance of his duties as Officer. Upon Corporation’s request, Officer will return all information furnished to him related to the business of Corporation. The parties hereto stipulate that all such information is material and confidential and gravely affects the effective and successful conduct of the business of Corporation and Corporation’s goodwill, and that any breach of the terms of this Section 6 shall be a material breach of this Agreement. The terms of this Section 6 shall remain in effect following the termination of this Agreement.

  • Use of Intellectual Property The Adviser grants to the Sub-Adviser a sublicense to use the trademarks, service marks, logos, names, or any other proprietary designations of the Adviser (“AdvisorShares Marks”) on a non-exclusive basis. The Sub-Adviser will acquire no rights in the AdvisorShares Marks, and all goodwill of the AdvisorShares Marks shall inure to and remain with the Adviser. The Sub-Adviser agrees that neither it, nor any of its affiliates, will knowingly in any way refer directly or indirectly to its relationship with the Trust, the Fund(s), the Adviser or any of their respective affiliates or use AdvisorShares Marks in offering, marketing or other promotional materials without the prior express written consent of the Adviser, which approval will not be unreasonably withheld or delayed, except as required by rule, regulation or upon the request of a governmental authority. Notwithstanding the forgoing, the Sub-Adviser and its affiliates may, without obtaining the Adviser’s prior approval, refer directly or indirectly to its relationship with the Trust, the Fund(s), the Adviser or any of their respective affiliates and use AdvisorShares Marks in offering, marketing or other promotional materials provided that such materials were previously approved by the Adviser and remain in substantially the same form.

  • Proprietary Software Depending upon the products and services You elect to access through Electronic Access, You may be provided software owned by BNY Mellon or licensed to BNY Mellon by a BNY Mellon Supplier (“Proprietary Software”). You are granted a limited, non-exclusive, non-transferable license to install the Proprietary Software on Your authorized computer system (including mobile devices registered with BNY Mellon) and to use the Proprietary Software solely for Your own internal purposes in connection with Electronic Access and solely for the purposes for which it is provided to You. You and Your Users may make copies of the Proprietary Software for backup purposes only, provided all copyright and other proprietary information included in the original copy of the Proprietary Software are reproduced in or on such backup copies. You shall not reverse engineer, disassemble, decompile or attempt to determine the source code for, any Proprietary Software. Any attempt to circumvent or penetrate security of Electronic Access is strictly prohibited.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!