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; Tradenames. Buyer shall not permit the Company to use any of the marks or names of Seller that the parties agree shall belong to Seller after closing.
Trademarks; Tradenames. Borrower and each Subsidiary have ownership or the lawful right to use all tradenames, trademarks, patents, and other intellectual property which they utilizes in their business as presently being conducted and as anticipated to be conducted, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect.
Trademarks; Tradenames. (a) Except as set forth in the other subsections of this Section 7.04, after the Closing, Buyer shall not permit the Company or its Subsidiaries to use any of the marks or names set forth on Schedule 7.04 (collectively or individually as the context requires, the “Seller Trademarks and Tradenames”).
Trademarks; Tradenames. Except as otherwise set forth in this Section 7.05, after the Effective Time, Buyer and its Affiliates shall not use the Tradenames and Trademarks.
Trademarks; Tradenames. GA shall comply, and shall instruct all its General Agents to comply with all Company instructions, policies, procedures, rules, and guidelines regarding use of any and all Company and Product trademarks and/or tradenames.
Trademarks; Tradenames. (a) Except as set forth in Section 6.02(b), after the Closing, Supernus and its Affiliates shall not use any of the trademarks, service marks or tradenames that are part of the Retained Intellectual Property Rights.
Trademarks; Tradenames. As soon as practicable after the Closing Date (or in the case of use by any ETF Fund or by Buyer with respect to the name of any ETF Fund, the date of the “Closing” as defined in the applicable Fund Reorganization Agreement) but in no event later than thirty (30) days thereafter (the “Trademark Transition Period”), Buyer shall, and shall cause each of its Affiliates (including each Transferred Entity) to, (i) cease any and all use of Seller’s or its Affiliates’ marks or names set forth on Section 6.02 of the Seller Disclosure Schedule (collectively, the “Seller Marks”), (ii) remove, conceal, cover, redact and/or replace such Seller Marks from any and all materials and assets under the control or possession of Buyer or any of its Affiliates that contain the Seller Marks, and (iii) cause its name to be changed to such other name that does not include the Seller Marks and make all necessary filings and use commercially reasonable efforts to cause all applicable Governmental Authorities to change all applications, registrations and filings, including corporate names, seals and certificates of Buyer and its Affiliates such that they will not include any Seller Marks; provided that Buyer and its Affiliates may use the Seller Marks following the Trademark Transition Period solely to refer to the ETFs Business in a historical manner as required by Law or as required for the continued use following the Closing of the performance track records of the ETF Funds, including the Composites, in accordance with GIPS (or any successor standards to GIPS) and Law. Buyer acknowledges and agrees that, to the extent it or any of its Affiliates (including each Transferred Entity) continue to use any Seller Marks in connection with the conduct of the ETFs Business during the Trademark Transition Period or thereafter, Buyer shall, and shall cause its Affiliates to, include an express disclaimer in any and all applicable written materials or documents that the ETF Funds and the ETFs Business are no longer associated with Seller or any of its Affiliates. From and after the Closing, neither Buyer nor any of its Affiliates shall challenge the ownership, validity or enforceability of any Seller Marks.
Trademarks; Tradenames. Except as may be permitted pursuant to the Distribution Agreement, the Transition Services Agreement or any other agreement among the applicable parties, after the Closing, Buyers shall promptly, and in any event within nine months after the Closing, (i) complete the revision of all new product literature relating to the Products so as to not include any references to the Seller Marks or any references to any Seller’s or its Affiliates’ customer service address or phone number and (ii) otherwise cease all use of the Seller Marks. Except as set forth in this Section 5.03, from and after the Closing, Buyers shall have no right to use any of the Seller Marks. In no event shall Buyer use any Seller Marks after the Closing in any manner or for any purpose different from the use of such Seller Marks by the marketing and selling of the Products in the Territory during the 90-day period preceding the Closing. All use of the Seller Marks by Buyer following the Closing shall inure to the benefit of Sellers.
Trademarks; Tradenames. (a) Buyer and its Affiliates shall not use, and shall be required to remove or obscure, any Seller marks or names that include "AT&T" or "AT&T Wireless" or the like, or that otherwise indicate Seller as the source of origin of any Purchased Assets sold or otherwise disposed of by Buyer or its Affiliates after the Closing.
