Common use of Use of Names; Name Change Clause in Contracts

Use of Names; Name Change. (a) As soon as reasonably practicable after the Closing (and in no event later than sixty (60) days after the Closing), the Buyer shall cease (and cause the Companies to cease) to use any written materials, including, without limitation, labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(a) of the Seller Disclosure Letter (collectively, the “Seller Trade Names”); provided, however, that the Companies may use inventory, checks, application forms, product literature and sales literature (but not letterhead, business cards or the like), trail maps, signs or the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 ski season. Except as specifically provided herein, Buyer agrees that it shall not hereafter permit the Companies to adopt or use any trade name, trademark or service xxxx incorporating any of the Seller Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, the Sellers or any of their Affiliates, including the name or xxxx “American Skiing” or any name or xxxx similar thereto.

Appears in 3 contracts

Samples: Purchase Agreement (Peak Resorts Inc), Purchase Agreement (Peak Resorts Inc), Purchase Agreement (American Skiing Co /Me)

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Use of Names; Name Change. (a) As Except as provided in the Joint Promotional Agreement, as soon as reasonably practicable after the Closing (and in no event later than sixty (60) days 60)days after the Closingdate hereof), the Buyer Purchaser shall cease (and cause the Companies Company to cease) cease to use any written materials, including, without limitation, labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(aSchedule 9.07(a) of the Seller Disclosure Letter (collectively, the "Seller Trade Names"); provided, however, that the Companies Company may use inventory, checks, application forms, product literature and sales literature (but not letterhead, business cards or the like), trail maps, signs or and the like, each as in existence as of the Closing Date, Date until the earlier of the exhaustion of such materials or the close of the 2006/2007 2001-2002 ski season. Except as specifically provided hereinherein or in the Joint Promotional Agreement, Buyer the Purchaser agrees that it shall not hereafter permit the Companies Company to adopt or use any trade name, trademark or service xxxx incorporating any of the Seller Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, the Sellers Seller or any of their Affiliates, including the name or of xxxx "American Skiing" or any name or xxxx similar thereto.

Appears in 1 contract

Samples: Stock Purchase and Merger Agreement (American Skiing Co /Me)

Use of Names; Name Change. (a) As soon as reasonably practicable after the Closing (and in no event later than sixty (60) days after the Closing), the Buyer Purchasers shall cease (and cause the Companies Company to cease) to use any written materials, including, without limitation, labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(a) of the Seller Disclosure Letter (collectively, the “Seller Trade Names”); provided, however, that the Companies Company may use inventory, checks, application forms, product literature and sales literature (but not letterhead, business cards or the like), trail maps, signs or the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 ski season. Except as specifically provided herein, Buyer each Purchaser agrees that it shall not hereafter permit the Companies Company to adopt or use any trade name, trademark or service xxxx incorporating any of the Seller Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, the Sellers or any of their Affiliates, including the name or xxxx “American Skiing” or any name or xxxx similar thereto.

Appears in 1 contract

Samples: Purchase Agreement (American Skiing Co /Me)

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Use of Names; Name Change. (a) As soon as reasonably practicable after the Closing (and in no event later than sixty (60) days after the Closing), the Buyer shall cease (and cause the Companies to cease) to use any written materials, including, without limitation, labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(a) of the Seller Disclosure Letter (collectively, the “Seller Trade Names”); provided, however, that the Companies may use inventory, checks, application forms, product literature and sales literature (but not letterhead, business cards or the like), trail maps, signs or the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close opening of the 2006/2007 2007/2008 ski season. Except as specifically provided herein, Buyer agrees that it shall not hereafter permit the Companies to adopt or use any trade name, trademark or service xxxx incorporating any of the Seller Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, the Sellers or any of their Affiliates, including the name or xxxx “American Skiing” or any name or xxxx similar thereto.

Appears in 1 contract

Samples: Purchase Agreement (American Skiing Co /Me)

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