Trademarks, Patents. Except as set forth on the INTELLECTUAL PROPERTY SCHEDULE attached hereto the Company possesses or has the right to use all of the patents, trademarks, trade names, service marks and copyrights, and applications therefor, and all technology, know-how, processes, methods and designs used in or necessary for the conduct of its business, without known conflict with the rights of others; there have been no written claims made upon the Company against the Company asserting the invalidity, misuse or unenforceability of any Proprietary Right, and there are no grounds for the same; the Company has not received a notice of conflict with the asserted rights of others within the last five years; and to the knowledge of the Company the conduct of the business of the Company has not infringed or misappropriated nor infringes or misappropriates any Proprietary Right of other Persons, nor would any future conduct as presently contemplated infringe any Proprietary Right of other Persons and, to the Company's knowledge, the Proprietary Rights owned by the Company have not been infringed or misappropriated by other Persons.
Appears in 3 contracts
Samples: Senior Subordinated Note, Preferred Stock and Warrant Purchase Agreement (Boner Tom E), Note, Preferred Stock and Warrant Purchase Agreement (Anderson David E), Note, Preferred Stock and Warrant Purchase Agreement (Zimmerman Sign Co)
Trademarks, Patents. Except as set forth on the INTELLECTUAL PROPERTY SCHEDULE Intellectual Property Schedule attached hereto hereto, the Company possesses or has the right to use all of the patents, trademarks, trade names, service marks and copyrights, and applications therefor, and all technology, know-how, processes, methods and designs used in or necessary for the conduct of its business, without known conflict with the rights of others; there have been no written claims made upon the Company against the Company asserting the invalidity, misuse or unenforceability of any Proprietary Right, and there are no grounds for the same; the Company has not received a notice of conflict with the asserted rights of others within the last five years; and to the knowledge of the Company the conduct of the business of the Company has not infringed or misappropriated nor infringes or misappropriates any Proprietary Right of other Persons, nor would any future conduct as presently contemplated infringe any Proprietary Right of other Persons and, to the Company's knowledge, the Proprietary Rights owned by the Company have not been infringed or misappropriated by other Persons.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Zimmerman Sign Co)
