Use of Name for Transition Period Sample Clauses

Use of Name for Transition Period. (a) Following the Closing, except as otherwise provided herein, the Buyer shall have no rights to use any Retained Marks. Following the Closing, except as otherwise provided herein, the Sellers shall have no rights to use the Acquired Marks. (b) Notwithstanding the provisions of Section 10.8(a), after the Closing Date, the Buyer may: (i) use for a period of twelve (12) months after the Closing, the Retained Marks on inventories existing on the Closing Date, provided that the products in such inventories are not modified or enhanced in any manner; and (ii) disclose to its customers and potential customers that it is conducting the Business from and after the Closing Date. (c) Notwithstanding the provisions of Section 10.8(a), for a period of six (6) months after the Closing Date, the Sellers may continue to use the Acquired Marks on inventories existing on the Closing Date, provided that the products in such inventories are not modified or enhanced in any manner. (d) The Buyer agrees that its use of the Retained Marks shall be consistent with the past practices of the Sellers in connection with their business and operations and, with respect to such use, the Buyer shall adhere to substantially similar quality standards to which the Sellers adhered immediately prior to the Closing. The Sellers agree that their use of the Acquired Marks shall be consistent with the past practices of the Sellers in connection with the Business and its operations and, with respect to such use, the Sellers shall adhere to substantially similar quality standards to which the Sellers adhered immediately prior to the Closing.
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Use of Name for Transition Period. (a) Following the Closing, except as otherwise provided herein, the Buyer shall have no rights to use any Retained Marks and will not hold itself out as having any affiliations with the Seller. (b) Notwithstanding the provisions of Section 9.2(a), for a period of 60 days after the Closing Date, the Buyer may: (i) utilize sales promotional aids, literature and other printed material of the Business, provided such material clearly and prominently displays the following statement or a statement of similar import, the form of which shall be approved by the Seller: "[the Buyer product name], formerly a product of NitroMed, Inc.." Promptly following the Closing Date, the Buyer will implement a plan to eliminate the use of all such material within such 60 day period; (ii) continue to use the Retained Marks for 60 days following the Closing Date on inventories existing on the Closing Date, provided that the products in such inventories are not modified or enhanced in any manner; (iii) disclose to its customers and potential customers that it is conducting the Business as a successor to the Seller from and after the Closing Date; and (iv) in connection with the marketing and/or sale of the Inventory to be purchased by the Buyer from the Seller hereunder, the Buyer may do all of the foregoing for such period of time after the Closing Date until the Buyer has sold such Inventory. (c) The licenses to use the Retained Marks set forth in this Section 9.2 shall not prohibit the Seller or any of its Affiliates from using the Retained Marks (or any similar name or logo) during the term of the respective license or thereafter in any manner. The Buyer agrees that its use of the Retained Marks shall be consistent with the past practices of the Seller in connection with its business and operations and, with respect to such use, the Buyer shall adhere to substantially similar quality standards to which the Seller adhered immediately prior to the Closing.
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Use of Name for Transition Period. (a) Following the Closing, except as otherwise provided herein, the Buyer shall have no rights to use any Retained Marks and will not hold itself out as having any affiliations with any of the Sellers. (b) Notwithstanding the provisions of Section 9.3(a), for a period of six months after the Closing Date, the Buyer may: (i) continue to use the Retained Marks for six months following the Closing Date on inventories existing on the Closing Date, provided that the products in such inventories are not modified or enhanced in any manner; and (ii) disclose to its customers and potential customers that it is conducting the Business from and after the Closing Date as the buyer of the Business from the Sellers. (c) The licenses to use the Retained Marks set forth in this Section 9.3 shall not prohibit any of the Sellers or any of their respective Affiliates from using the Retained Marks (or any similar name or logo) during the term of the respective license or thereafter in any manner not prohibited by Section 9.2.
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Use of Name for Transition Period. Seller hereby grants to Buyer, and Buyer hereby accepts from Seller, a royalty-free, worldwide exclusive right and license to use the name "Trex Medical Systems" for a period of one year after the Closing Date solely in connection with the conduct by Buyer of the Business, as the Business was conducted on the Closing Date. Seller shall not use the name "Trex Medical" other than in the name "Trex Medical Systems." The license set forth in this Section 10.9 shall not prohibit Seller or any of its Affiliates from using during the term of the license the name "Trex Medical Systems" when describing their former affiliation with the Business. Buyer agrees that its use of the name "Trex Medical Systems" shall be consistent with Seller's past practices in connection with the Business and, with respect to such use, Buyer shall adhere to substantially similar quality standards to which Seller adhered immediately prior to the Closing.
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Use of Name for Transition Period. (a) The Buyer shall, as promptly as practicable (and in any event within sixty Business Days) following the Closing, change, amend or terminate, and cause the Asset Buyer to change, amend or terminate, any certificates of assumed name or d/b/a filings, to discontinue any reference to the Retained Marks (as defined in this Section 9.2(a)). As used in this Agreement, "Retained Marks" means all trademarks, trade names and logos of the Seller, and any contractions, abbreviations and simulations of the Seller, other than the corporate name of BTG and the Transferred Trademark Rights (as defined in Section 1.1(a)(iii) of the Asset Purchase Agreement).
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Use of Name for Transition Period. (a) Following the Closing, except as otherwise provided herein, the Purchaser will not have any right to use any trademarks, trade names, logos, or any contraction, abbreviation or simulation of the Parent or the Seller or any xxxx, name, word, title, expression, trademark, design or marking confusingly similar thereto or incorporating any of the foregoing, and the Purchaser shall not hold itself out as having any affiliation with the Parent or the Seller. Without limiting the generality of the foregoing, the Purchaser expressly agrees that it is not acquiring any rights, title or interest in the name or xxxx “AMPAC”, “ampac”, “APFC”, “apfc” or “American Pacific Corporation”, or any xxxx, name, word, title, expression, trademark, design or marking confusingly similar thereto, any trade xxxx or trade name (including any company name) which is identical to or confusingly similar to or incorporates “AMPAC”, “ampac”, “APFC”, “apfc” or “American Pacific Corporation” or any variation thereof, or any translations, adaptations, derivations and combinations of any of the foregoing (collectively, the “AMPAC Marks”), or any goodwill or any other rights associated with any of the AMPAC Marks. The Parent, the Seller and their Affiliates are and shall remain the sole and exclusive owners or licensees of the AMPAC Marks and any goodwill and other rights associated therewith. (b) Notwithstanding anything in this Section 5.13 which may be construed to the contrary, the Purchaser will be entitled to use the name “AMPAC – ISP” until the later of (i) six (6) months after the Closing Date and (ii) for as long as reasonably necessary until the Government Contracts have been novated to the Purchaser. (c) Within six (6) months after the Closing Date, the Purchaser shall take all necessary actions to cause the corporate names of the Selling Companies to be changed so that each does not contain any of the AMPAC Marks and is not in any way similar to the AMPAC Marks.
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Use of Name for Transition Period. Except as provided in Schedule 5.9, promptly following the Closing, the Business shall cease in any manner whatsoever to use or display any trade or service marks, trade or service names, or logos used or held by Seller or Seller Parent or any confusingly similar xxxx, name, or logo.
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Use of Name for Transition Period. Buyer can use physical marketing materials for a period of 30 days following the Closing.
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Use of Name for Transition Period. Seller hereby grants and Buyer hereby accepts a royalty-free, worldwide exclusive right and license to use the name "Nicolet Imaging Systems" for a period of two years after the Closing Date in connection with the conduct by Buyer of Nicolet's Business, as Nicolet's Business was conducted on the Closing Date, including without limitation the grant of the non-exclusive right and license to use the name "Nicolet Imaging Systems" to Buyer's distributors if necessary or useful for the promotion and sale of products of Nicolet's Business. The license set forth in this Section 10.13 shall not (i) include any right to use the name "Nicolet" other than when used by Buyer exclusively in the name "Nicolet Imaging Systems" or (ii) prohibit Seller or any of its Affiliates from using during the term of the license the name "Nicolet Imaging Systems" when describing their former affiliation with Nicolet's Business. Buyer agrees that its use of the name "Nicolet Imaging Systems" shall be consistent with Seller's past practices in connection with Nicolet's Business and, with respect to such use, Buyer shall adhere to substantially similar quality standards to which Seller adhered immediately prior to the Closing. The Parties agree that the grant of the license under this Section constitutes a part of the consideration given by Seller in exchange for the Purchase Price.
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Related to Use of Name for Transition Period

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  • Certification Regarding Termination of Contract for Non-Compliance (Tex Gov. Code 552.374)

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