Use of Certain Names. (a) Except as otherwise expressly provided in Section 6.4(b), within forty-five (45) days following the Closing, Buyer shall cause each Acquired Company (and use commercially reasonable efforts to cause each Coal Project Co-Owner and each Coal Participant Project Operator) to cease using the words “DECAM,” “DECE,” “DEO,” “Duke,” “DE,” “Duke Energy,” “Duke Energy Retail Sales,” “Duke Energy Retail,” “DER,” “DERS,” “Duke Energy Commercial Enterprises” and any word or expression similar thereto or constituting an abbreviation or extension thereof, and all trademarks, trade names, logos and symbols relating to Sellers or Non-Company Affiliates, including those set forth on Schedule 6.4(a) (collectively, the “Sellers Marks”), including eliminating the Sellers Marks from the Owned Real Property, the Leased Real Property, the Purchased Assets and the other Coal Project Assets and disposing of any unused stationery and literature of the Acquired Companies, the Coal Project Co-Owners and the Coal Participant Project Operators bearing the Sellers Marks. Except to the extent expressly permitted by this Section 6.4(a) and Section 6.4(b), from and after the Closing, Buyer shall not, and shall cause each Acquired Company and their Affiliates not to (and use its commercially reasonable efforts to cause each Coal Project Co-Owner and each Coal Participant Project Operator not to), use the Sellers Marks or any patents or other Intellectual Property rights belonging to any Seller or its respective Non-Company Affiliates that have not been expressly conveyed to Buyer or an Acquired Company, and Buyer acknowledges that it, its Affiliates, the Acquired Companies, the Projects, the Coal Project Co-Owners and the Coal Participant Project Operators have no rights whatsoever to use such Sellers Marks, patents or other Intellectual Property. Without limiting the foregoing:
(i) within seven (7) Business Days after the Closing Date, Buyer shall cause each Acquired Company whose name contains any of the Sellers Marks to change its name to a name that does not contain any of the Sellers Marks and to amend all of the organizational documents of such Acquired Company to eliminate such Sellers Marks from the name of such Acquired Company; and
(ii) within sixty (60) days after the Closing Date, Buyer shall provide evidence to Sellers, in a format that is reasonably acceptable to Sellers, that Buyer has made all filings required by the Governmental Authorities pursuant to clause (a) above a...
Use of Certain Names. Within 120 days following the Closing, Buyer shall cause the Companies to cease using the words “Reliant”, “Orion” and any word or expression similar thereto or constituting an abbreviation or extension thereof (the “Seller Marks”), including eliminating the Seller Marks from each Company’s property and Purchased Assets and disposing of any unused stationery and literature of the Companies bearing the Seller Marks; and thereafter, Buyer shall not, and shall cause the Companies and their Affiliates not to, use the Seller Marks or any logos, trademarks, trade names, or other registered Intellectual Property belonging to Seller or any Non-Company Affiliate, and Buyer acknowledges that it, its Affiliates and the Companies have no rights whatsoever to use such Intellectual Property, except as provided in the Transition Services Agreement. Without limiting the foregoing:
(a) Within 30 days after the Closing Date, Buyer shall cause each Company to change its name to a name that does not contain any of the Seller Marks.
(b) Within 30 days after the Closing Date, Buyer shall provide evidence to Seller, in a format that is acceptable to Seller, that Buyer has provided notice to all applicable Governmental Authorities and all counterparties to the Material Contracts (and Contracts entered into after the Execution Date that would be Material Contracts if entered into prior to the Execution Date) regarding the sale of the Companies and the Purchased Assets to Buyer and the new addresses for notice purposes.
Use of Certain Names. Within fifteen (15) days following the Closing, Purchaser shall cause such Company to cease using the word “Calpine” and any word or expression similar thereto or constituting an abbreviation or extension thereof (the “Sellers’ Marks”), including eliminating the Sellers’ Marks from all assets of the Companies and the disposing of any unused stationery and literature of the Companies, and thereafter, Purchaser shall not, and shall cause the Companies and the Facilities not to, use the Sellers’ Marks or any logos, trademarks, trade names, patents or other Intellectual Property rights belonging to Sellers or any of their Affiliates, or which Sellers or any of their Affiliates have the right to use, and Purchaser acknowledges that it, its Affiliates, the Companies and the Facilities have no rights whatsoever to use such Intellectual Property.
Use of Certain Names. 12.5.1 The Purchaser shall ensure that after expiry of an interim period of 12 (twelve) months after the Closing Date, all Companies cease to use (as part of its corporate or trade name, internet domains or otherwise) the “Evotec” name or any logo, trademark, trade name or other derivation therefrom. The Purchaser shall cause, at the end of the afore-mentioned interim period, the Companies to remove or obliterate the “Evotec” name and marks from their signs, purchase orders, invoices, sales orders, labels, letterheads, shipping documents and other items and materials of the business and otherwise, and shall procure that after that time no such items and materials are put into use which bear similarity to the “Evotec” name, marks or logo. Immediately upon termination of the above interim period, the Purchaser shall confirm to Seller 1 by written notice that he has fulfilled his obligation pursuant to this section 12.5.1.
12.5.2 The Purchaser agrees that the Sellers shall have no responsibility for claims by a Third Party arising out of, or relating to, the use of the “Evotec” name or marks by the Purchaser or the Companies or any of their Affiliates within the scope provided for under section 12.5.1, and the Purchaser undertakes to indemnify and hold harmless the Sellers from and against any such Third Party claims.
Use of Certain Names. Within forty-five (45) days following Closing, Buyer shall cause the Acquired Companies to cease using the words “FPL”, “FPLE”, “ESI”, “NextEra”, “NextEra Energy”, “Energy Resources” and “FPL Energy” and any trademark confusingly similar thereto or constituting an abbreviation thereof, and any logos associated therewith (the “Seller Marks”), including eliminating or covering the Seller Marks from the Property and Purchased Assets and disposing of any unused stationery and literature of the Acquired Companies bearing the Seller Marks, and thereafter, Buyer shall not, and shall cause the Acquired Companies and their Affiliates not to, use the Seller Marks or any logos, trademarks or trade names belonging to Seller or any Affiliate thereof, and Buyer acknowledges that it, its Affiliates and the Acquired Companies have no rights whatsoever to use such Intellectual Property. Without limiting the foregoing:
Use of Certain Names. Seller agrees that, for a period of 30 days after the Closing Date, the Company may continue to distribute product literature that uses any Names and distribute products with labeling that uses any Names to the extent that such product literature and labeling exists on the Closing Date and Buyer has marked, or has caused the Company to xxxx, such product literature and such labeling to obliterate the Names, or, has otherwise provided notice, or has caused the Company to otherwise provide notice, that the Company has been sold to Buyer and is independent of Seller. In no event shall Buyer, the Company or their respective Subsidiaries use any Names after the Closing in any manner or for any purpose different from the use of such Names by the Company during the 180-day period preceding the Closing Date. “Names” means “Xxxxxxx-Xxxxx Nitrogen, Inc.” or any name, logo or trademark that includes “Xxxxxxx-Xxxxx Nitrogen, Inc.”
Use of Certain Names. After the Transfer Date, neither Purchaser nor any of its Affiliates shall use "Xxxxxxxx", "
Use of Certain Names. Within 180 days after the Closing, Buyer shall cause the Companies to revise product literature and labeling (including by way of stickering), change packaging and stationery, and otherwise discontinue use of the names or trademarks, service marks trade names, domain names, and associated trade dress, packaging, logos, and labels "American Home Products," "
Use of Certain Names. As soon as practicable, and in all events within ninety (90) days after the Closing, the Purchasers shall cause ACME and each Purchased Entity to eliminate any reference to the Sellers or their Affiliates or any word or expression constituting an abbreviation of the Sellers' or their Affiliates' names from the names under which ACME and such Purchased Entity conducts business, and all of the foregoing words, expressions and abbreviations shall be removed from the property, stationery and literature of ACME and such Purchased Entity, and thereafter, the Purchasers, ACME and such Purchased Entity shall not use any logos, trademarks or tradenames, belonging to the Sellers or any Affiliate thereof; provided, however, that the provisions of this Section 6.2(a) shall not apply to the use by the Purchasers or their Affiliates of the word "Ormesa" on its own or in any other combination, in logos, trademarks, tradenames or otherwise.
Use of Certain Names. Seller agrees that, for a period of six months after the Closing Date, the Acquired Company and its Subsidiaries may continue use the Names in the conduct of the business of the Acquired Company and its Subsidiaries and to distribute product literature that uses any Names and distribute products with labeling that uses any Names, provided that Buyer has marked, or has caused the Acquired Company and its Subsidiaries to xxxx, such product literature and such labeling to indicate that the Acquired Company and its Subsidiaries have been sold to Buyer and are independent of Seller. In no event shall Buyer, the Acquired Company or their respective Subsidiaries use any Names after the Closing in any manner or for any purpose different from the use of such Names by the Acquired Company and its Subsidiaries, as the case may be, during the three-year period preceding the Closing Date. “Names” means the Avante Marks or any name, logo or trademark that includes “Avante,” any variation and derivatives thereof and any other logos or trademarks of Seller or its Affiliates after the Closing. At the conclusion of such six-month period, Buyer may in its sole discretion give written notice to Seller that it intends to continue the to use the Names, literature and labeling as described in this Section 7.4, in which case Buyer’s right under this Section will continue indefinitely.
