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EXHIBIT 10.18
ASSIGNMENT
WHEREAS, Anchor Glass Container Corporation, a Delaware corporation,
having an office at 0 Xxxxxx Xxxxx, 0000 Xxxxxx Xxxxx Xxxxxxx, Xxxxx, Xxxxxxx
00000 (herein "ASSIGNOR") is the owner of all right, title and interest, for all
countries, in and to any and all inventions and improvements which are disclosed
and claimed, and any and all improvements which are disclosed but not claimed,
in the following United States Patent Applications and Patents (said inventions,
improvements, patent applications and patents collectively referred to herein as
"PATENT PROPERTY"):
Patent Title Patent No. Issue Date
------------ ---------- ----------
Box Separator 4,144,995 March 20, 1979
Electronic Apparatus and Method for 4,149,621 April 17, 1979
Control of Container Orienting Machinery
Thermoplastic Ink Decorated Polymer 4,265,947 May 5, 1981
Coated Glass Articles
Liquor Flask Orienter 4,308,943 January 5, 1982
Container Masking and Coating Apparatus 4,319,543 March 16, 1982
Patent Application Title Serial No. Filing Date
------------------------ ---------- -----------
Ornamental Design of a Bottle Des. 29/040,135 June 9, 1995
Ornamental Design of a Bottle Des. 29/051,870 March 8, 1996
Ornamental Design of a Bottle Des. 29/051,289 March 8, 1996
Ornamental Design of a Bottle Des. 29/051,869 March 8, 1996
Beverage Bottle Des. 29/056,085 June 21, 1996
AND is the owner of an undivided 50% interest for all countries, in and
to any and all inventions and improvements which are disclosed and claimed, and
any and all improvements which are disclosed but not claimed, in the following
United States Design Patent (said inventions, improvements and patents herein
collectively referred to herein as "DESIGN PROPERTY"):
Patent Title Patent No. Issue Date
------------ ---------- ----------
Ornamental Design of a Bottle Des. 366,209 January 16, 1996
AND WHEREAS Anchor Glass Acquisition Corporation, a Delaware
corporation (herein "ASSIGNEE"), is desirous of acquiring ASSIGNOR'S entire
right, title, and interest in and to said PATENT PROPERTY and the inventions and
improvements therein disclosed;
NOW, THEREFORE, for good and valuable consideration, receipt of which
is hereby acknowledged, and in accordance with its obligations under the Asset
Purchase Agreement dated December 18, 1996, to which ASSIGNOR and Consumers
Packaging, Inc. (which assigned all of its rights and obligations under the
Asset Purchase Agreement to ASSIGNEE), and Xxxxx-Xxxxxxxx Glass Container Inc.
are parties, and the understanding underlying said Agreement, ASSIGNOR hereby
assigns, sells, transfers, and sets over unto said ASSIGNEE the entire right,
title, and interest in and to said PATENT PROPERTY and DESIGN PROPERTY and the
inventions and improvements therein disclosed for the United States and all
foreign countries and any Letters Patent which may issue therefor in the United
States and all foreign countries and all divisions, reissues, continuations,
renewals, and/or extensions thereof including all priority rights under the
International Convention associated therewith for each country and the Union,
said assignee to have and to hold the interests herein assigned to the full ends
of the terms of said Letters Patent and any and all divisions, reissues,
continuations, renewals, and/or
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extensions thereof, respectively, as fully and entirely as the same would have
been held and enjoyed by ASSIGNOR had this assignment not been made.
The Commissioner of Patents and Trademarks is requested to issue such
Letters Patent in accordance herewith. ASSIGNOR covenants that it is the lawful
owner of the PATENT PROPERTY and DESIGN PROPERTY, inventions, and improvements,
that the same are unencumbered, that no license has been granted to make, use,
or vend the said inventions or improvements or any of them, and that it has the
full right to make this assignment.
And for the consideration aforesaid, ASSIGNOR agrees that it will
communicate to said ASSIGNEE or the representatives thereof any facts known to
ASSIGNOR respecting said inventions and improvements, and will, upon request,
but at ASSIGNEE's expense, testify in any legal proceedings, sign all lawful
papers, execute all divisional, reissue, continuation, renewal, and/or extension
applications, make all rightful oaths, and generally do all other and further
lawful acts, deemed necessary or expedient by said assignee or by counsel for
said assignee, to assist or enable said assignee to obtain and enforce full
benefits from the rights and interests herein assigned.
EXECUTED February 5, 1997.
ANCHOR GLASS CONTAINER CORPORATION
By: /s/ Xxxx X. Xxxx (SEAL)
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Title: Senior Vice President
----------------------------
State of New York :
: ss.
County of New York :
Before me, a Notary Public in and for the said County and State,
personally appeared Xxxx X. Xxxx, who acknowledged that he/she is the person who
executed the foregoing assignment and acknowledged it to be his/her free and
voluntary act and deed.
Witness my hand and notarial seal this 4th day of February, 1997.
/s/ Xxxx X. Xxxxxxxx
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Notary Public
(NOTARIAL SEAL)
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