Use of Certain Names. (a) Within 60 calendar days following each Closing, the Purchaser shall cause the Portfolio Companies included in such Closing to cease using the word “Mirant” or any other words or marks owned by the Seller or any word or expression similar thereto or constituting an abbreviation or extension thereof (the “Seller Marks”), including eliminating such words from the Assets and disposing of any unused stationery and literature of the Portfolio Companies bearing such words, and thereafter, the Purchaser, such Portfolio Companies and their Affiliates shall not use any Intellectual Property rights belonging to the Seller or any Affiliate thereof, and the Purchaser acknowledges that it has no rights whatsoever to use such Intellectual Property. Notwithstanding the foregoing the Purchaser is deemed to have “removed” the Seller Marks on training and operational material and manuals if it places a conspicuous, permanent notice on, at a minimum, the front cover and title page of the material or manuals, clearly indicating that such Portfolio Companies are no longer Affiliates of, or otherwise associated with, the Seller or any of the Seller’s Affiliates. In connection with the Purchaser’s removal of the Seller Marks provided herein, the Seller grants the Purchaser a non-exclusive limited license to use the Seller Marks in existence or present on the Closing Date at such Portfolio Companies for 15 calendar days following such Closing.
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:
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. 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. 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:
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. (a) Within 10 days following Closing, Buyer shall cause the Project Company to cease using the name “LS Power” and any word or expression similar thereto or constituting an abbreviation or extension thereof (the “Seller Marks”), including eliminating the Seller Marks from the Property and Assets of the Project Company and disposing of any unused stationery and literature of the Project Company bearing the Seller Marks, and thereafter, Buyer shall not, and shall cause the Project Company and its Affiliates not to, use the Seller Marks or any logos, trademarks, trade names, patents or other Intellectual Property rights belonging to Seller or any Affiliate thereof, and Buyer acknowledges that it, its Affiliates and the Project Company have no rights whatsoever to use such Intellectual Property. Without limiting the foregoing:
Use of Certain Names. After the Transfer Date, neither Purchaser nor any of its Affiliates shall use "Xxxxxxxx", "
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.
Use of Certain Names. After the Closing, neither Purchaser nor any of its Affiliates shall use "Xxxxxxxx," "Xxxxxxxx Broadcast," "Xxxxxxxx Television," "Xxxxxxxx Communications," "Guy Gannett," "Gannett," or any name or term confusingly similar to the "Xxxxxxxx" names in any corporate name or in connection with the operation of any business.
