Use of Seller’s Names. Buyer shall not, without the express written consent of Seller, institute any legal action in the name of Seller. Buyer shall not, through misrepresentation or nondisclosure, mislead or conceal from any Person the identity of the owner of the Acquired Loans purchased under this Agreement. Buyer shall not use or refer to Seller, or any name derived from the name of Seller or confusingly similar therewith, to promote Buyer’s sale, collection or management of the Acquired Loans purchased under this Agreement. Buyer acknowledges that there is no adequate remedy at law for violation of this Section 5.10.2 and in addition to all other equitable remedies, Seller shall be entitled to specific performance and injunctive relief and other equitable relief as a remedy for any such breach.
Use of Seller’s Names. Buyer agrees that, as soon as practicable after the Closing, it will remove or cause to be removed the names and marks used by Seller and all variations and derivatives thereof and logos relating thereto from the Properties and will not thereafter make any use whatsoever of such names, marks and logos.
Use of Seller’s Names. As soon as practicable after the Closing Date but in no event later than 30 days after the Closing Date, Buyer Parties shall remove or cause to be removed the names, marks and identifications used by the Sellers and all variations and derivatives thereof and logos relating thereto from all of the Acquired Assets, to the extent they include the word “U.S. Energy”, “Crested”, “Plateau”, “USUL” or “USE/CC”. At no time shall Buyer Parties utilize any of the foregoing names or any other tradename or trademark of the Sellers in connection with their ownership and operation of the Acquired Assets.
Use of Seller’s Names. Buyer acknowledges and agrees that Seller’s and its affiliates’ names and trademarks, and any derivations thereof, are Excluded Assets, and Buyer shall not be permitted to use such names and trademarks, or any derivations thereof and Buyer shall remove or delete any such names, trademarks and derivations thereof from the Sale Assets and the Rxxxxxx Facility as soon as reasonably practicable, and in any event within ten (10) days, following the Closing Date.
Use of Seller’s Names. Within thirty (30) days after Closing, Buyer shall remove or cause to be removed the names and marks used by Seller and all variations and derivations thereof and logos relating thereto from the Assets and shall not thereafter make any use whatsoever of those names, marks and logos.
Use of Seller’s Names. After the Closing Date, Purchaser shall procure that neither the Companies will use, or permit any third party to use, any name (as part of its corporate or trade names, logos, internet domain name or otherwise) which includes the name “Etimex”, or any name, trade name, trademark, internet domain name or logo listed in Schedule 8.8 (collectively the “Seller’s Names”). The Companies shall, however, have the limited, non-exclusive, royalty-free right and license (which right and license shall not be transferable or sublicenseable), (i) to use Seller’s Names for purposes of describing the historical relationship of the Companies with the Seller and its Affiliates, (ii) for a period of six (6) months after the Closing Date or such earlier time as the supply existing within one month of the Closing Date has been exhausted, to continue to use any brochures, sales literature, letterheads, printed forms and other documents and office and shipping supplies containing any Seller’s Name and to sell any products bearing any Seller’s Name, (iii) for a period of six (6) months after the Closing Date, to continue to use the “Etimex” mark solely in conjunction with the mark “Vistasolar” in connection with the operation of the Solar Business as conducted as of the Closing Date (and subject at all time to Seller’s right to exercise quality control with respect to the use of the Seller Names and the goodwill associated therewith). In connection with such limited use of the Seller Names permitted under this Section 8.6, Purchaser acknowledges that all use thereof by the Companies and all goodwill associated therewith shall inure solely to the Seller’s benefit and shall not create in Purchaser’s or any of its Affiliates’ favour any right, title or interest in or to the Seller Names. 51
Use of Seller’s Names. After the Closing, no Seller nor any Affiliate of the Seller, may, directly or indirectly, use the name “Wxxxx” or any derivative thereof or any similar name to identify itself. Sellers shall be responsible for all filing fees required to be paid in connection with filing the necessary change of name amendments in the state of its incorporation and in each other state in which it is qualified to transact business.
Use of Seller’s Names. After the Closing, neither Purchaser nor any of its Affiliates shall use "Sierra Pacific" or "Sierra" or any name or term confusingly similar to "
Use of Seller’s Names. Buyer shall not, and shall cause its Affiliates not to, use any Company Marks, any variation thereof or anything similar thereto, nor any other names, logos, trademarks, service marks, trade names, copyrights or trade secrets utilized by any Seller which are not specifically identified on Schedule 2.1(A)(7); provided, however, that Buyer will be permitted to utilize for purposes of using up the stock (A) all inventory listed on Schedule 2.1(A)(2) existing as of the Closing Date and embodying the Intellectual Property Rights listed on Schedule 2.1(A)(7), and (B) all materials referred to in Section 2.1(A)(10), which contain such names, logos, trademarks, service marks, business names or trade names in each case for a period of ninety (90) days after the Closing Date, at which time Buyer shall no longer be permitted to utilize and must destroy or recycle any such inventory or material; and provided, further, that (i) Buyer shall use reasonable efforts to include with such inventory and material information a prominently located notice clearly stating that Buyer is now the owner of the Business, (ii) Buyer shall have no rights to utilize any Company Marks in new print or media advertising which is not transferred under this Agreement, and (iii) Buyer will, pursuant to Section 2.1(A)(7), become as of the Closing Date the owner of all of Sellers' interest (except the Company Marks) in the website of the Business, in the format in which it exists as of the Closing Date, and, accordingly, Buyer shall assume responsibility as of the Closing Date for the use of any third-party trademarks, trade names, copyrighted materials or other proprietary information therein.
Use of Seller’s Names. Concurrently with the Closing, Seller shall --------------------- change its corporate name to a new name bearing no resemblance to its present name so as to permit the use of its present name by Purchaser. Following the Closing, neither Seller, nor any Shareholder nor any Affiliate of either shall, without the prior written consent of Purchaser, make any use, in a commercial context, of the name "Hook," "Hook & Associates," "Hook & Associates Engineering," or "Hook Engineering" or any other name confusingly similar thereto, except as may be necessary for Seller to pay its liabilities, prepare tax returns and other reports, and to otherwise wind up and conclude its business.
