Common use of Use of Certain Names Clause in Contracts

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. As soon as reasonably practicable after the Closing (abut in any event within sixty (60) Within 60 calendar days following each the Closing), the Purchaser shall cause the Portfolio Acquired Companies included in such Closing to cease using the word words “MirantDynegy,” or any other words or marks owned by the Seller or “DYN” and any word or expression similar thereto or constituting an abbreviation or extension thereof thereof, and all trademarks, trade names, logos and symbols relating to the Sellers or their Affiliates (other than the Acquired Companies), including those set forth in Section 6.14 of the Seller Disclosure Schedule (collectively, the “Seller Marks”), including eliminating such words the Seller Marks from the Assets Real Property and the Facilities and disposing of any unused stationery and literature of the Portfolio Acquired Companies bearing such wordsthe Seller Marks. From and after the Closing, the Purchaser shall not, and thereafter, shall cause the Purchaser, such Portfolio Acquired Companies and their Affiliates shall not to use the Seller Marks or any Intellectual Property patents or other intellectual property rights belonging to the Sellers or their Affiliates (other than the Intellectual Property, which is not excluded from the transactions contemplated hereby as described in Section 4.16(b) of the Seller Disclosure Schedule) that have not been expressly conveyed to the Purchaser or any Affiliate thereofan Acquired Company, and the Purchaser acknowledges that it has it, its Affiliates and the Acquired Companies have no rights whatsoever to use such Seller Marks, patents or other intellectual property (other than the 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) Within 60 calendar 30 days following each the Closing, the Purchaser Buyer 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 Reliant Marks”), including eliminating such words the Reliant Marks from the all Acquired Assets and disposing of any unused stationery and literature of including the Portfolio Companies bearing such wordsReliant Marks, and thereafter, Buyer shall not, and shall cause the PurchaserChannelview Facility not to, such Portfolio Companies and their Affiliates shall not use the Reliant Marks or any logos, trademarks, trade names, patents or other Intellectual Property rights belonging to the Seller Sellers or any Affiliate thereofof their Affiliates, or which Sellers or any of their Affiliates have the right to use, and the Purchaser Buyer acknowledges that it has it, its Affiliates and the Channelview Facility have no rights whatsoever to use such Intellectual Property. Notwithstanding the foregoing the Purchaser is deemed Sellers hereby agree not to have “removed” the Seller object to Buyer’s use of any Reliant 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 in connection with the Purchaser’s removal operation of the Seller Marks provided hereinChannelview Facility during the aforementioned thirty (30) day period. Without limiting the foregoing, the Seller grants the Purchaser a non-exclusive limited license to use the Seller Marks in existence or present on within 30 days after the Closing Date at such Portfolio Companies Date, Buyer shall provide evidence to Sellers, in a format that is reasonably acceptable to Sellers, that Buyer has provided notice to all applicable Governmental Authorities and all counterparties to the Assigned Contracts regarding the sale of the Acquired Assets to Buyer and the new addresses for 15 calendar days following such Closingnotice purposes.

Use of Certain Names. (a) Within 60 calendar As soon as reasonably practicable, but in any event within ninety (90) days following each the Closing, the Purchaser Buyer shall, and shall cause the Portfolio Companies included in such Closing to Company Entities to, cease using the word Trademarks set forth in Section 6.14(a) of the Seller Disclosure Schedule (collectively, the “Mirant” or Seller Trademarks”), and any other words or marks owned by the Seller or any word or expression expressions either confusingly similar thereto or constituting an abbreviation or extension thereof that would raise a reasonable likelihood of confusion with the Seller Trademarks (collectively, the “Seller Marks”), including eliminating such words from provided that the Assets and disposing of any unused stationery and literature restrictions under this Section 6.14 shall not apply to the use of the Portfolio Companies bearing such wordsword “energy”. Buyer acknowledges that the Seller Trademarks are owned exclusively by Seller or its Affiliates, and, except to the extent expressly permitted by this Section 6.14(a), after the Closing, Buyer shall not, and thereafter, shall cause the Purchaser, such Portfolio Companies Company Entities and their Affiliates shall not to, use any the Seller Trademarks or other Intellectual Property rights belonging to the Seller or its Affiliates that have not been expressly conveyed to Buyer or any Affiliate thereofCompany Entity (“Excluded Intellectual Property”), and Buyer acknowledges that, unless otherwise expressly provided in this Agreement or any other Transaction Documents, it, its Affiliates and the Purchaser acknowledges that it has Company Entities have no rights whatsoever to use such the Seller Trademarks or other Excluded Intellectual Property. Notwithstanding Without limiting 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.foregoing:

Use of Certain Names. (a) Within 60 calendar Except as otherwise expressly provided in this Section 6.15, within forty-five (45) days following each the Closing, the Purchaser shall cause the Portfolio Acquired Companies included in such Closing to cease using the word words “MirantDynegy,” or any other words or marks owned by the Seller or “DYN” and any word or expression similar thereto or constituting an abbreviation or extension thereof thereof, and all trademarks, trade names, logos and symbols relating to the Seller or its Affiliates (other than the Acquired Companies), including those set forth in Section 6.15(a) of the Seller Disclosure Schedule (collectively, the “Seller Marks”), including eliminating such words the Seller Marks from the Assets Owned Real Property, the Leased Real Property and the Facilities and disposing of any unused stationery and literature of the Portfolio Acquired Companies bearing such wordsthe Seller Marks. Except to the extent expressly permitted by this Section 6.15(a) and Section 6.15(b), from and after the Closing, the Purchaser shall not, and thereafter, shall cause the Purchaser, such Portfolio Acquired Companies and their Affiliates shall not to, use any Intellectual Property rights belonging to the Seller or any Affiliate thereofMarks, and the Purchaser acknowledges that it has it, its Affiliates and the Acquired Companies have 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, Marks. Without limiting 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.foregoing:

Use of Certain Names. (a) Within 60 calendar Except as otherwise expressly provided in this Section 5.12, within forty-five (45) days following each the Tier One Closing, the Purchaser shall cause the Portfolio Acquired Companies included in such Closing to cease using the word words “MirantDynegy,” or any other words or marks owned by the Seller or “DYN” and any word or expression similar thereto or constituting an abbreviation or extension thereof thereof, and all trademarks, trade names, logos and symbols relating to the Sellers or their respective Affiliates, including those set forth in Section 5.12(a) of the Sellers Disclosure Schedule (collectively, the “Seller Marks”), including eliminating such words the Seller Marks from any owned or leased property of the Assets Acquired Companies and disposing of any unused stationery and literature of the Portfolio Acquired Companies bearing such wordsthe Seller Marks. Except to the extent expressly permitted by this Section 5.12(a) and Section 5.12(b), from and after the Tier One Closing, the Purchaser shall not, and thereafter, shall cause the Purchaser, such Portfolio Acquired Companies and their Affiliates shall not to, use the Seller Marks or any patents or other Intellectual Property rights belonging to the Seller Sellers or any Affiliate thereoftheir Affiliates that have not been expressly conveyed to the Purchaser or the Acquired Companies, and the Purchaser acknowledges that it has it, its Affiliates and the Acquired Companies have 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 ClosingMarks.

Use of Certain Names. 10.3.1 The Purchaser shall ensure that, after expiry of an interim period of three (a3) Within 60 calendar days following each Closingmonths after the Closing Date, the Company ceases to use (as part of its corporate or trade name, internet domains or otherwise) the “Océ” and “ODT” names or any logo, trademark, trade name or other derivation there from. The Purchaser shall cause cause, at latest at the Portfolio Companies included in end of the aforementioned interim period, the Company to remove or obliterate the “Océ” and “ODT” names and marks from its 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 Closing items and materials are put into use which bear similarity to cease using the word “MirantOcé” and “ODT” names, marks or logos. For the avoidance of doubt, the two preceding sentences do not grant the Company or the Purchaser the right to put into use any signs, purchase orders, invoices, sales orders, labels, letterheads, shipping documents and other items and materials of the business that include or bear similarity with the “Océ” and “ODT” names or any logo, trademark trade name or other words or marks owned derivation there from other than in the form and scope as currently used by the Company, provided, however, that the Seller or any word or expression similar thereto or constituting an abbreviation or extension thereof (agrees that the Company may use the “Seller Marks”)Océ” and “ODT” names, including eliminating such words from logos and marks for a period of further three (3) months after the Assets and disposing of any unused stationery and literature of the Portfolio Companies bearing such words, and thereafter, Closing Date together with (i) the Purchaser’s or the Company’s future names, such Portfolio Companies logos and their Affiliates shall not use any Intellectual Property rights belonging marks and (ii) a reference 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 Company having been part of the Seller’s Affiliates. In connection with Group, for the Purchaser’s removal purpose of identifying the Company, provided that the Seller Marks provided hereinhas given its prior written consent to such use, the Seller grants consent to be provided if and to the Purchaser a non-exclusive limited license to extent the envisaged use the Seller Marks in existence or present on the Closing Date at such Portfolio Companies for 15 calendar days following such Closingis reasonable.

Use of Certain Names. (a) Within 60 calendar As soon as reasonably practicable, but in any event within thirty (30) days following each the Closing, the Purchaser Purchasers shall, and shall cause the Portfolio Companies included in such Closing to each Acquired Company to, cease using the word words set forth in Schedule 5.10(a) of the Seller Disclosure Schedules and all trademarks, trade names, logos and symbols (collectively, the “Mirant” or Seller Marks”), and any other words or marks owned by the Seller or any word or expression expressions similar thereto or constituting an abbreviation or extension thereof (or that would raise a reasonable likelihood of confusion with the “Seller Marks”), including eliminating such words the Seller Marks from the Assets Real Property and the material assets of the Project Companies, and disposing of any unused stationery and literature of the Portfolio Acquired Companies bearing such wordsthe Seller Marks. Each Purchaser acknowledges that the Seller Marks are owned exclusively by Sellers or the Non-Company Affiliates, and, except to the extent expressly permitted by this Section 5.10(a), from and after the Closing, Purchasers shall not, and thereafter, the Purchaser, such Portfolio Companies shall cause each Acquired Company and their Affiliates shall not to, use any the Seller Marks or other Intellectual Property rights belonging to Sellers or the Seller Non-Company Affiliates that have not been expressly conveyed to Purchasers or any Affiliate thereofan Acquired Company (“Excluded Intellectual Property”), and the each Purchaser acknowledges that it has it, its Affiliates and the Acquired Companies have no rights whatsoever to use such the Seller Marks or other Excluded Intellectual Property. Notwithstanding Without limiting 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.foregoing:

Use of Certain Names. (a) Within 60 calendar Except as otherwise expressly provided in this Section 6.14, within forty-five (45) days following each the Closing, the Purchaser shall cause the Portfolio Companies included in such Closing Acquired Company to cease using the word words “MirantDynegy,” or any other words or marks owned by the Seller or “DYN” and any word or expression similar thereto or constituting an abbreviation or extension thereof and all trademarks, trade names, logos and symbols relating to the Seller or its Affiliates (other than the Acquired Company), including those set forth in Section 6.14(a) of the Seller Disclosure Schedule (collectively, the “Seller Marks”), including eliminating such words the Seller Marks from the Assets Owned Real Property, the Leased Real Property and the Facility and disposing of any unused stationery and literature of the Portfolio Companies Acquired Company bearing such wordsthe Seller Marks. Except to the extent expressly permitted by this Section 6.14(a) and Section 6.14(b) from and after the Closing, the Purchaser shall not, and thereaftershall cause the Acquired Company and its Affiliates not to, the Purchaser, such Portfolio Companies and their Affiliates shall not use any Intellectual Property rights belonging to the Seller or any Affiliate thereofMarks, and the Purchaser acknowledges that it has it, its Affiliates and the Acquired Company have 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, Marks. Without limiting 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.foregoing: