1
EXHIBIT 10.10
Execution Copy
COPYRIGHT ASSIGNMENT
This Copyright Assignment is made and entered into by and between
Xxxxxx, Inc., a Delaware corporation, (hereinafter "ASSIGNOR"), and Southern
Foods Group, L.P., a Delaware limited partnership, (hereinafter "ASSIGNEE").
WHEREAS, Assignor is the owner of the copyrights in the works
described in Schedule A, copies of which have been registered with the U.S.
Copyright Office (the "Works");
WHEREAS Assignor desires to assign its rights, including copyright, in
the Works to Assignee;
NOW THEREFORE, in consideration for One Dollar ($1.00) and good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Assignor and Assignee hereby agree as follows:
Assignor hereby assigns to Assignee all right, title, and interest in
the Works, including copyright throughout the world (and any renewals and
extensions of copyright), and all rights under copyright in all forms or media
now or hereafter known, including the exclusive right to publish, perform,
display, reproduce, print, distribute, and sell the Work, and to license
exercise of any such rights, in the English language and all other languages,
throughout the world, together with any Copyright Registrations therein. In the
event that the Works are the subject of any copyright registrations, Assignee
shall be responsible for recording the transfer of the rights under the
copyright in conformity with United States law and the Universal Copyright
Convention with the United States Copyright Office with respect to any such
Copyright Registrations.
IN WITNESS WHEREOF, the parties set forth their signatures hereto this
4th day of September, 1997.
XXXXXX, INC.
By: /s/ X. X. XXXXXX
---------------------------------
Its: V.P. Corporate Dev.
---------------------------------
Copyright Assignment - Page 1
2
ACCEPTED BY:
SOUTHERN FOODS GROUP, L.P.
By: SFG Management Limited Liability
Company, its General Partner
By: /s/ XXXXXXX X. XXXX
----------------------------------
Xxxxxxx X. Xxxx, Assistant Secretary
STATE OF New York )
)
)
COUNTY OF New York )
BEFORE ME, on this day personally appeared Xxx X. Xxxxxx, known to me
to be the person whose name is subscribed to the foregoing instrument on behalf
of Xxxxxx, Inc. and acknowledged to me that he executed the same on behalf of
the corporation as the VP Corp. Dev. - for the purposes and consideration
therein expressed.
Subscribed to and sworn to before me this 4th day of September, 1997.
/s/ XXXX XXX XXXXXX
-------------------------------------
Notary Public in and for the
State of New York
Printed Name: Xxxx Xxx Xxxxxx
-----------------------
My Commission Expires: 6/23/98
---------------
Copyright Assignment - Page 2
3
SCHEDULE A
TYPE OF
TITLE OF WORK REGISTRATION # MERCHANDISE
------------- -------------- -----------
"Xxxxxx'x Dutch Chocolate Drink" KK 90978 Milk
"A wonderful new treat from Xxxxxx'x! - KK 115873 Milk
Xxxxxx'x Dutch chocolate flavored drink -
the finest imported dutch cocoa gives it the
most wonderful chocolate flavor! - It's rich
with real milk nourishment!"
"Xxxxxx'x Golden Xxxxxxx Xxx Cream!*** KK 192302 Ice Cream
Brings Back *** Memories"