Common use of Use of Name and Trade Marks Clause in Contracts

Use of Name and Trade Marks. (a) Except to the extent required under Applicable Law or unless permitted by the terms of a separate agreement between a Member or an Affiliate of a Member and the Company, no Member shall, without the prior written consent of the Company (which consent may be given or withheld in the Company’s sole discretion), (i) use in advertising, publicity or otherwise (including press releases) the name of the Company or any Company Subsidiary or their respective employees, or any Proprietary Identifier owned or used by the Company or any Company Subsidiary, or (ii) represent, directly or indirectly, that any product or any service provided by such Member has been approved, endorsed, recommended or provided by, or in association with, the Company or any Company Subsidiary. (b) Except to the extent the Company is permitted to do so pursuant to an agreement between the Company and the Member in question relating to Company’s use of such Member’s Proprietary Identifiers, the Company shall not, without the prior written consent of such Member for each instance (which consent may be given or withheld in such Member’s sole discretion), (i) use in advertising, publicity or otherwise (including press releases) the name of any Member or its Affiliates (other than, if applicable, the Company and any Company Subsidiary) or employees, or any Proprietary Identifier owned or used by a Member or its Affiliates (other than, if applicable, the Company and any Company Subsidiary), (ii) represent, directly or indirectly, that any product or any service provided by the Company or any of Company Subsidiary has been approved, endorsed, recommended or provided by, or in association with, any Member or its Affiliates (other than, if applicable, the Company and any Company Subsidiary) or (iii) disclose to any non-Member that such Member has any interest in the Company or any of its Subsidiaries except as required by Applicable Law or if such information becomes publicly available; provided, that if the Company or any Company Subsidiary is required under Applicable Law to disclose any information about a Member or any of its Affiliates in connection with any regulatory filing or regulatory application of the Company or any Company Subsidiary that is permitted under this Agreement the Company shall provide, or shall ensure that the applicable Company Subsidiary provides, such Member (A) a copy of such proposed disclosure as soon as reasonably practicable, but in no event less than fifteen (15) days prior to making such filing or application, and (B) such other information reasonably requested by such Member in connection with such filing or application, in each case to the extent permitted by Applicable Law. (c) Except as required by Applicable Law or if such information becomes publicly available, no Member (the “Using Member”) shall, without the prior written consent of the applicable other Member in each instance (which consent may be given or withheld in such other Member’s sole discretion), disclose to any non-Member that such other Member (other than an Affiliate of such disclosing Member) has any interest in the Company or any of its Subsidiaries, or is a party to this Agreement or any ancillary agreements contemplated hereby; provided, that a Using Member or any of its Affiliates may provide such information if requested by a regulator having jurisdiction over such Using Member or any of its Affiliates and in such event such Using Member shall provide, or shall ensure that the applicable Affiliate thereof provides, such other Member prior notice, as soon as reasonably practicable, of such disclosure to the extent permitted by Applicable Law.

Use of Name and Trade Marks. (ai) Except to Each Stockholder (the extent required under Applicable Law or unless permitted by the terms of a separate agreement between a Member or an Affiliate of a Member and the Company, no Member shall“Using Stockholder”) shall not, without the prior written consent of the Company other Stockholder in question for each instance (which consent may be given or withheld in the Companysuch Stockholder’s sole discretion), (iA) use in advertising, publicity or otherwise the name of such other Stockholder or its Affiliates or employees, or any trade name, trademark, trade device, logo service xxxx, symbol or abbreviation, contraction or simulation thereof (including press releasesa “Proprietary Identifier”) owned or used by such other Stockholder or its Affiliates, or (B) represent, directly or indirectly, that any product or any service provided by the Using Stockholder has been approved, endorsed, recommended or provided by, or in association with, such other Stockholder or its Affiliates. (ii) Each Stockholder shall not, without the prior written consent of the Corporation, (A) use in advertising, publicity or otherwise the name of the Company Corporation or any Company Subsidiary of its subsidiaries or their respective employees, or any Proprietary Identifier owned or used by the Company Corporation or any Company Subsidiaryof its subsidiaries, or (iiB) represent, directly or indirectly, that any product or any service provided by such Member Stockholder has been approved, endorsed, recommended or provided by, or in association with, the Company Corporation or any Company Subsidiaryof its subsidiaries. (biii) Except to the extent the Company is permitted to do so pursuant to an agreement between the Company and the Member in question relating to Company’s use of such Member’s Proprietary Identifiers, the Company The Corporation shall not, without the prior written consent of such Member the Stockholder in question for each instance (which consent may be given or withheld in such MemberStockholder’s sole discretion), (iA) use in advertising, publicity or otherwise (including press releases) the name of any Member Stockholder or its Affiliates (other than, if applicable, than the Company and any Company SubsidiaryCorporation) or employees, or any Proprietary Identifier owned or used by a Member Stockholder or its Affiliates (other than, if applicable, than the Company and any Company SubsidiaryCorporation), or (iiB) represent, directly or indirectly, that any product or any service provided by the Company or any of Company Subsidiary Corporation has been approved, endorsed, recommended or provided by, or in association with, any Member Stockholder or its Affiliates (other than, if applicable, than the Company and any Company SubsidiaryCorporation). (iv) or (iiiThe provisions of this Section 12(a) disclose to any non-Member that such Member has any interest in the Company or any of its Subsidiaries except as required by Applicable Law or if such information becomes publicly available; provided, that if the Company or any Company Subsidiary is required under Applicable Law to disclose any information about a Member or any of its Affiliates in connection with any regulatory filing or regulatory application of the Company or any Company Subsidiary that is permitted under this Agreement the Company shall provide, or shall ensure that the applicable Company Subsidiary provides, such Member (A) a copy of such proposed disclosure as soon as reasonably practicable, but in no event less than fifteen (15) days prior to making such filing or application, and (B) such other information reasonably requested by such Member in connection with such filing or application, in each case are qualified to the extent permitted by Applicable Law. (c) Except as the use of such name or Proprietary Identifier is required by Applicable Law or if such information becomes publicly availablelaw, no Member (in which event the “Using Member”provisions of Section 10(b) shallshall apply. In addition, without the prior written consent provisions of this Section 12(a) shall not prevent a Stockholder from issuing reports with respect to the Corporation to its direct and indirect investors, including the identities of the applicable other Member in each instance (which consent may be given or withheld in such other Member’s sole discretion), disclose to any non-Member that such other Member (other than an Affiliate of such disclosing Member) has any interest in the Company or any of its Subsidiaries, or is a party to this Agreement or any ancillary agreements contemplated hereby; provided, that a Using Member or any of its Affiliates may provide such information if requested by a regulator having jurisdiction over such Using Member or any of its Affiliates and in such event such Using Member shall provide, or shall ensure that the applicable Affiliate thereof provides, such other Member prior notice, as soon as reasonably practicable, of such disclosure to the extent permitted by Applicable LawStockholders.

Use of Name and Trade Marks. (a) Except to Each Member (the extent required under Applicable Law or unless permitted by the terms of a separate agreement between a Member or an Affiliate of a Member and the Company, no Member shall“Using Member”) shall not, without the prior written consent of the Company (which consent may be given or withheld other Member in the Company’s sole discretion)question for each instance, (i) use in advertising, publicity or otherwise the name of such other Member or its Affiliates or employees, or any trade name, trademark, trade device, logo service mark, symbol o r abbreviation, contraction or simulation thereof owned or used by such other Member or its Affiliates, or (including press releasesii) represent, directly or indirectly, that any product or any service provided by the Using Member has been approved, endorsed, recommended or provided by, or in association with, such other Member or its Affiliates. (b) Each Member shall not, without the prior written consent of the Company, (i) use in advertising, publicity or otherwise the name of the Company or any Company Subsidiary of its subsidiaries or any of their respective Affiliates (other than, if applicable, such Member) or employees, or any Proprietary Identifier trade name, trademark, trade device, logo service mark, symbol or abbreviation, contraction or simulation thereof owned or used by the Company or any Company Subsidiaryof its subsidiaries o r any of their respective Affiliates (other than, if applicable, such Member), or (ii) represent, directly or indirectly, that any product or any service provided by such Member has been approved, endorsed, recommended or provided by, or in association withwit h, the Company or any Company Subsidiaryof its subsidiaries or any of their respective Affiliates (other than, if applicable, such Member). (bc) Except to the extent the Company is permitted to do so pursuant to an agreement between the Company and the Member in question relating to Company’s use of such Member’s Proprietary Identifiers, the The Company shall not, and shall cause each of its subsidiaries not to, in each case without the prior written consent of such the Member i n question for each instance (which consent may be given or withheld in such Member’s sole discretion)instance, (i) use in advertising, publicity or otherwise (including press releases) the name of any Member or its Affiliates (other than, if applicable, than the Company and or any Company Subsidiaryof its subsidiaries) or employees, or any Proprietary Identifier trade name, trademark, trade device, logo service mark, symbol or abbreviation, contraction or simulation thereof owned or used by a Member or its Affiliates (other than, if applicable, than the Company and or any Company Subsidiaryof its subsidiaries), or (ii) represent, directly or indirectly, that any product or any service provided by the Company or any of Company Subsidiary i ts subsidiaries has been approved, endorsed, recommended or provided by, or in association with, any Member or its Affiliates (other than, if applicable, the Company and any Company Subsidiary) or (iii) disclose to any non-Member that such Member has any interest in than the Company or any of its Subsidiaries except as required by Applicable Law or if such information becomes publicly available; provided, that if the Company or any Company Subsidiary is required under Applicable Law to disclose any information about a Member or any of its Affiliates in connection with any regulatory filing or regulatory application of the Company or any Company Subsidiary that is permitted under this Agreement the Company shall provide, or shall ensure that the applicable Company Subsidiary provides, such Member (A) a copy of such proposed disclosure as soon as reasonably practicable, but in no event less than fifteen (15) days prior to making such filing or application, and (B) such other information reasonably requested by such Member in connection with such filing or application, in each case to the extent permitted by Applicable Lawsubsidiaries). (cd) Except Notwithstanding anything to the contrary herein, Hanweck shall be entitled to use the name “Hanweck” as required by Applicable Law or if long as any such information becomes publicly available, no Member (use is in compliance with his employment agreement with the “Using Member”) shall, without Company entered into pursuant to the prior written consent Purchase Agreement and not in any way that could be reasonably expected to be detrimental to the business of the applicable other Member in each instance (which consent may be given or withheld in such other Member’s sole discretion), disclose to any non-Member that such other Member (other than an Affiliate of such disclosing Member) has any interest in the Company or any of its Subsidiaries, or is a party to this Agreement or any ancillary agreements contemplated hereby; provided, that a Using Member or any of its Affiliates may provide such information if requested by a regulator having jurisdiction over such Using Member or any of its Affiliates and in such event such Using Member shall provide, or shall ensure that the applicable Affiliate thereof provides, such other Member prior notice, as soon as reasonably practicable, of such disclosure to the extent permitted by Applicable LawCompany.

Use of Name and Trade Marks. (a) Except to Each Member (the extent required under Applicable Law or unless permitted by the terms of a separate agreement between a Member or an Affiliate of a Member and the Company, no Member shall“Using Member”) shall not, without the prior written consent of the Company (which consent may be given or withheld other Member in the Company’s sole discretion)question for each instance, (i) use in advertising, publicity or otherwise the name of such other Member or its Affiliates or employees, or any trade name, trademark, trade device, logo service xxxx, symbol o r abbreviation, contraction or simulation thereof owned or used by such other Member or its Affiliates, or (including press releasesii) represent, directly or indirectly, that any product or any service provided by the Using Member has been approved, endorsed, recommended or provided by, or in association with, such other Member or its Affiliates. (b) Each Member shall not, without the prior written consent of the Company, (i) use in advertising, publicity or otherwise the name of the Company or any Company Subsidiary of its subsidiaries or any of their respective Affiliates (other than, if applicable, such Member) or employees, or any Proprietary Identifier trade name, trademark, trade device, logo service xxxx, symbol or abbreviation, contraction or simulation thereof owned or used by the Company or any Company Subsidiaryof its subsidiaries o r any of their respective Affiliates (other than, if applicable, such Member), or (ii) represent, directly or indirectly, that any product or any service provided by such Member has been approved, endorsed, recommended or provided by, or in association withwit h, the Company or any Company Subsidiaryof its subsidiaries or any of their respective Affiliates (other than, if applicable, such Member). (bc) Except to the extent the Company is permitted to do so pursuant to an agreement between the Company and the Member in question relating to Company’s use of such Member’s Proprietary Identifiers, the The Company shall not, and shall cause each of its subsidiaries not to, in each case without the prior written consent of such the Member i n question for each instance (which consent may be given or withheld in such Member’s sole discretion)instance, (i) use in advertising, publicity or otherwise (including press releases) the name of any Member or its Affiliates (other than, if applicable, than the Company and or any Company Subsidiaryof its subsidiaries) or employees, or any Proprietary Identifier trade name, trademark, trade device, logo service xxxx, symbol or abbreviation, contraction or simulation thereof owned or used by a Member or its Affiliates (other than, if applicable, than the Company and or any Company Subsidiaryof its subsidiaries), or (ii) represent, directly or indirectly, that any product or any service provided by the Company or any of Company Subsidiary i ts subsidiaries has been approved, endorsed, recommended or provided by, or in association with, any Member or its Affiliates (other than, if applicable, the Company and any Company Subsidiary) or (iii) disclose to any non-Member that such Member has any interest in than the Company or any of its Subsidiaries except as required by Applicable Law or if such information becomes publicly available; provided, that if the Company or any Company Subsidiary is required under Applicable Law to disclose any information about a Member or any of its Affiliates in connection with any regulatory filing or regulatory application of the Company or any Company Subsidiary that is permitted under this Agreement the Company shall provide, or shall ensure that the applicable Company Subsidiary provides, such Member (A) a copy of such proposed disclosure as soon as reasonably practicable, but in no event less than fifteen (15) days prior to making such filing or application, and (B) such other information reasonably requested by such Member in connection with such filing or application, in each case to the extent permitted by Applicable Lawsubsidiaries). (cd) Except Notwithstanding anything to the contrary herein, Hanweck shall be entitled to use the name “Hanweck” as required by Applicable Law or if long as any such information becomes publicly available, no Member (use is in compliance with his employment agreement with the “Using Member”) shall, without Company entered into pursuant to the prior written consent Purchase Agreement and not in any way that could be reasonably expected to be detrimental to the business of the applicable other Member in each instance (which consent may be given or withheld in such other Member’s sole discretion), disclose to any non-Member that such other Member (other than an Affiliate of such disclosing Member) has any interest in the Company or any of its Subsidiaries, or is a party to this Agreement or any ancillary agreements contemplated hereby; provided, that a Using Member or any of its Affiliates may provide such information if requested by a regulator having jurisdiction over such Using Member or any of its Affiliates and in such event such Using Member shall provide, or shall ensure that the applicable Affiliate thereof provides, such other Member prior notice, as soon as reasonably practicable, of such disclosure to the extent permitted by Applicable LawCompany.