USE BY DEALER Sample Clauses

USE BY DEALER. DISTRIBUTOR grants to DEALER the non-exclusive privilege of displaying or otherwise using authorized Toyota Marks as specified in the Toyota Brand Graphic Standards Manual at the Approved Location(s) in connection with the selling or servicing of Toyota Products. DEALER further agrees that it promptly shall discontinue the display and use of any Toyota Marks, or shall change the manner in which any Toyota Marks are displayed and used, when for any reason it is requested to do so by DISTRIBUTOR. DEALER may use the Toyota Marks as specified in the Toyota Brand Graphic Standards Manual only at Approved Location(s) and for such purposes as are specified in this Agreement. DEALER agrees that such Toyota Marks may be used as part of the name under which DEALER's business is conducted only with the prior written approval of DISTRIBUTOR. DEALER shall discontinue any advertising that DISTRIBUTOR may find to be injurious to DISTRIBUTOR's business or reputation or the Toyota Marks.
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USE BY DEALER. MBUSA grantx Xxaler a non-exclusive license to use the Maybach Marks subject to the terms and conditions of the Agreement and the Dealership Facility Planning & Corporate Identification Manual. Dealer agrees that it will use the Maybach Marks only in connection with the sale and servicing of Maybach Passenger Car Products and only in such manner, at such location, to such extent, and for such purposes as MBUSA may specify from time to time. Dealer shall promptly change or discontinue its use of any Maybach Marks upon MBUSA's request. Dealer shall not use the Maybach Marks as part of its corporate or business name without MBUSA's prior written consent.
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USE BY DEALER. DEALER is granted the nonexclusive privilege of displaying such words or marks in connection with the sale of Lion Products; provided, however, that DEALER shall discontinue the display or use of any such word or xxxx or change the manner in which any such word or xxxx is displayed or used when requested to do so by LION. DEALER shall not use the term “Lion” or any derivative thereof in DEALER’S name.
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USE BY DEALER. 16 C. DISCONTINUANCE OF USE UPON TERMINATION . . . . . . . .
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USE BY DEALER. Dealer is granted during the term of this Agreement the non-exclusive privilege of displaying the Honda Trademarks in connection with the sale, offering for sale and servicing of Honda Automobiles and Honda Automobile Parts, of using such trademarks in the business name of Dealer under which Dealer's Honda Automobile business is conducted, and upon prior and separate written approval of Distributor, provided, however, that Dealer shall discontinue the display or use of any Honda Trademark or change the manner in which any such trademark is displayed or used when requested to do so by Distributor. Dealer agrees that any use or display of the Honda Trademarks inures solely to the benefit of Honda Motor and/or Distributor, including all goodwill. Dealer agrees that it shall not use such trademarks in its corporate name.
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USE BY DEALER. DISTRIBUTOR grants to DEALER the non-exclusive privilege of displaying or otherwise using authorized Toyota Marks as specified in the Toyota Brand Graphic Standards Manual at the Approved Location(s) in connection with the selling or servicing of Toyota Products. DEALER shall discontinue any advertising that DISTRIBUTOR may find to be injurious to DISTRIBUTOR's business or reputation or the Toyota Marks.
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USE BY DEALER. 6 B. DISCONTINUANCE OF USE................................................................ 6
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USE BY DEALER. PETERBILT authorizes DEALER to use the trade names, trademarks and logos of PETERBILT (hereinafter "Trademarks"). PETERBILT grants to DEALER the nonexclusive privilege of displaying or otherwise using Trademarks solely in connection with the promotion and sale of PRODUCTS from approved location(s). DEALER agrees, however, that it will promptly discontinue the display and use of any Trademarks, and will change the manner in which any Trademarks are displayed and used when requested to do so by PETERBILT. DEALER further agrees that it will do nothing to impair the value of or contest PETERBILT's use or ownership of any trademark, design mark, xxrvice mark xx trade name at any time acquired, claimed or adopted by PETERBILT. In addition, no company owned by or affiliated with DEALER or any DEALER PRINCIPALS may use any Trademarks or PRODUCT name without the prior written consent of PETERBILT.
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USE BY DEALER. DISTRIBUTOR grants to DEALER the non-exclusive privilege of displaying or otherwise using authorized LEXUS Marks as specified in the LEXUS Graphic Standards Manual at the Approved Location(s) in connection with the selling or servicing of LEXUS Products. DEALER further agrees that it promptly shall discontinue the display and use of any such LEXUS Marks, and shall change the manner in which any LEXUS Marks are displayed and used, when for any reason it is requested to do so by DISTRIBUTOR. DEALER may use the LEXUS Marks only at Approved Location(s) and for such purposes as are specified in this Agreement. DEALER agrees that such LEXUS Marks may be used as part of the name under which DEALER'S business is conducted only with the prior written approval of DISTRIBUTOR
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Related to USE BY DEALER

  • Designation by Dealer Notwithstanding any other provision in this Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s obligations in respect of the Transaction and any such designee may assume such obligations. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance.

  • Payment by Dealer In the event that (i) an Early Termination Date occurs or is designated with respect to the Transaction as a result of a Termination Event or an Event of Default (other than an Event of Default arising under Section 5(a)(ii) or 5(a)(iv) of the Agreement) and, as a result, Dealer owes to Company an amount calculated under Section 6(e) of the Agreement, or (ii) Dealer owes to Company, pursuant to Section 12.7 or Section 12.9 of the Equity Definitions, an amount calculated under Section 12.8 of the Equity Definitions, such amount shall be deemed to be zero.

  • Key Deal Points You are the exclusive, unencumbered owner of the Asset(s), and you have honestly and accurately represented the Asset(s) to the best of your knowledge and ability. §We have agreed with you to a purchase price and form of consideration to be paid for each Asset, as outlined below. §For a period of time from the date of this Purchase Agreement (the “Period”), you grant us the exclusive right to purchase the Asset(s).

  • Covenants of the Dealer Manager The Dealer Manager covenants and agrees with the Company as follows:

  • Selection of Brokers and Dealers To the extent permitted by the policy guidelines set out in each Fund’s current Prospectus or SAI, in connection with the selection of brokers and dealers to execute portfolio transactions, in seeking the best overall terms available, the Adviser is authorized to consider not only the available prices and rates of brokerage commissions, but also other relevant factors, which may include, without limitation: the execution capabilities of the brokers and dealers; the research, custody, and other services provided by the brokers and dealers that the Adviser believes will enhance its general portfolio management capabilities; the size of the transaction; the difficulty of execution; the operational facilities of these brokers and dealers; the risk to a broker or dealer of positioning a block of securities; and the overall quality of brokerage and research services provided by the brokers and dealers. In connection with the foregoing, the Adviser is specifically authorized to pay those brokers and dealers who provide brokerage and research services to the Trust a higher commission than that charged by other brokers and dealers if the Adviser determines in good faith that the amount of the commission is reasonable in relation to the value of the brokerage and research services provided. The Trust acknowledges that any such research may be useful in connection with other accounts managed by the Adviser. The execution of such transactions will not be considered to represent an unlawful breach of any duty created by this Agreement or otherwise.

  • NO REGISTRATION AS A DEALER The Investor is not and will not be required to be registered as a "dealer" under the 1934 Act, either as a result of its execution and performance of its obligations under this Agreement or otherwise.

  • Distribution or Notice to Representative Whenever a distribution is to be made or a notice given to holders of Senior Indebtedness, the distribution may be made and the notice given to their Representative (if any).

  • Indemnification by the Underwriter (a) The Underwriter agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of, or investment in, the Fund's shares or the Contracts and: (i) arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained in the registration statement or prospectus or sales literature of the Fund (or any amendment or supplement to any of the foregoing), or arise out of or are based upon the omission or the alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, provided that this agreement to indemnify shall not apply as to any Indemnified Party if such statement or omission or such alleged statement or omission was made in reliance upon and in conformity with information furnished to the Underwriter or Fund by or on behalf of the Company for use in the registration statement or prospectus for the Fund or in sales literature (or any amendment or supplement) or otherwise for use in connection with the sale of the Contracts or Fund shares; or (ii) arise out of or as a result of statements or representations (other than statements or representations contained in the Registration Statement, prospectus or sales literature for the Contracts not supplied by the Underwriter or persons under its control) or wrongful conduct of the Fund, Adviser or Underwriter or persons under their control, with respect to the sale or distribution of the Contracts or Fund shares; or (iii) arise out of any untrue statement or alleged untrue statement of a material fact contained in a Disclosure Document or sales literature covering the Contracts, or any amendment thereof or supplement thereto, or the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statement or statements therein not misleading, if such statement or omission was made in reliance upon and in conformity with information furnished to the Company by or on behalf of the Fund; or (iv) arise as a result of any failure by the Fund to provide the services and furnish the materials under the terms of this Agreement (including a failure, whether unintentional or in good faith or otherwise, to comply with the diversification requirements specified in Article VI of this Agreement); or (v) arise out of or result from any material breach of any representation and/or warranty made by the Underwriter in this Agreement or arise out of or result from any other material breach of this Agreement by the Underwriter; as limited by and in accordance with the provisions of Sections 8.2(b) and 8.2(c) hereof.

  • Representations and Warranties of the Dealer Manager The Dealer Manager represents and warrants to the Company during the term of this Agreement that:

  • Indemnification by the Underwriters The Underwriters shall indemnify and hold harmless the Company and the Company’s affiliates and each of their respective directors, officers, employees, agents and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act (collectively the “Company Indemnified Parties” and each a “Company Indemnified Party”) from and against any losses, claims, damages or liabilities (including in settlement of any litigation if such settlement is effected with the prior written consent of the Underwriters) arising out (i) any untrue statement of a material fact contained in any preliminary prospectus, any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) of the Securities Act Regulations, any Registration Statement or the Prospectus, or in any amendment or supplement thereto, or (ii) the omission to state in any preliminary prospectus, any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) of the Securities Act Regulations, any Registration Statement or the Prospectus, or in any amendment or supplement thereto, a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, but in each case only to the extent that the untrue statement or omission was made in reliance upon and in conformity with the Underwriters Information and shall reimburse the Company for any legal or other expenses reasonably incurred by such party in connection with investigating or preparing to defend or defending against or appearing as third party witness in connection with any such loss, claim, damage, liability, action, investigation or proceeding, as such fees and expenses are incurred. Notwithstanding the provisions of this Section 7(b), in no event shall any indemnity by the Underwriters under this Section 7(b) exceed the total discounts received by the Underwriters in connection with the Offering. The indemnification obligations under this Section 7(b) are not exclusive and will be in addition to any liability, which the Company might otherwise have and shall not limit any rights or remedies which may otherwise be available at law or in equity to each Company Indemnified Party.

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