GE Name and XX Xxxxx definition

GE Name and XX Xxxxx means the names or marks of Seller or any of its Affiliates, including “GE” (in block letters or otherwise), the GE monogram, “General Electric Company” and “General Electric,” either alone or in combination with other words, and all marks, trade dress, logos, monograms, domain names and other source identifiers confusingly similar to or embodying any of the foregoing (either alone or in combination with other words).

GE Name and XX Xxxxx shall have the meaning set forth in Section 5.10(a).

GE Name and XX Xxxxx means any and all trade names, trademarks, service marks, service names, trade dress, and logos (other than any Trademarks set forth, or required to be set forth, on Schedule 3.12(e)(i) of the NBCU Disclosure Letter) that are owned by GE or any of its Subsidiaries (other than any NBCU Entity) as of the Closing Date or any derivations thereof, in each case whether alone or in combination with other words, and including all marks, trade dress, logos, monograms, domain names and other source identifiers embodying any of the foregoing; provided, however, that, for purposes of this Agreement, the foregoing trade names, trademarks, service marks, service names, trade dress, logos, derivations, combinations and embodiments shall be defined to include only the Trademark rights of GE or any of its Subsidiaries (other than any NBCU Entity) to the extent, as of the Closing Date that, (i) registrations or applications for registration in the name of GE or any of its Subsidiaries (other than any NBCU) have issued or been filed or (ii) GE or any of its Subsidiaries (other than any NBCU Entity) has common law rights therein under applicable Trademark Laws. For the avoidance of doubt, “GE Name and XX Xxxxx” includes the Core XX Xxxxx.

Examples of GE Name and XX Xxxxx in a sentence

• Notwithstanding anything to the contrary in this Agreement, Newco and its Subsidiaries may continue to use the GE Name and XX Xxxxx as embedded in stationery, powerpoints, promotional brochures, and other promotional correspondence to the extent they are existing as of the Closing Date for a period of forty-five (45) days following the Closing Date (the “Trademark Transition Period”).

• Any other reference by Parent or any Subsidiary of Parent to the GE Name and XX Xxxxx in any public document (including any document filed with or furnished to any Governmental Authority, or any marketing materials of Parent and/or its Subsidiaries) shall be subject to the prior written consent of GECC.

• The Acquiror, for itself and its Affiliates (including, after Effective Time, the Business Subsidiaries), acknowledges and agrees that, except as otherwise expressly provided in this Section 5.11, neither the Acquiror nor any of its Affiliates shall have any rights in the GE Name and XX Xxxxx and neither the Acquiror nor any of its Affiliates shall contest the ownership or validity of any rights of GE or any of its Affiliates in or to the GE Name and XX Xxxxx.

• Experience gained in the European Union and communicated under decision XXIII/11 suggests that some of these figures might be even higher.

• The Buyer, for itself and its Affiliates, agrees that the rights of Altair U.S. and its Affiliates to the GE Name and XX Xxxxx pursuant to the terms of any trademark agreements between GE and its Affiliates on the one hand and Altair U.S. and its Affiliates on the other hand shall terminate on the Closing Date and be replaced by such rights as are provided by the Transitional Trademark License Agreement.

• Except as otherwise provided in this Section 5.06 or expressly granted in the Transitional Trademark License Agreement, Purchaser and its Affiliates (which, for the purposes of this Section 5.06 shall include the Business) shall cease and discontinue all uses of the GE Name and XX Xxxxx or any other Trademarks confusingly similar to any GE Name or GE Xxxx immediately upon the Closing.

• The Acquiror and its Affiliates shall not affix any of the GE Name and XX Xxxxx to any products not bearing such marks on the Closing Date.

• Except as otherwise provided in this Section 5.09 or in the Transitional Trademark License Agreement, Acquiror and its Affiliates (which, for the purposes of this Section 5.09, shall include the Company) shall cease and discontinue all uses of the GE Name and XX Xxxxx.

• The Acquiror shall take all necessary action (except with respect to Joint Ventures, shall use reasonable best efforts) to ensure that other users of any of the GE Name and XX Xxxxx, whose rights terminate upon the Closing pursuant to this Section 5.09, shall cease use of the GE Name and XX Xxxxx, except as expressly authorized thereafter by GE.

• The Acquiror acknowledges and agrees that Acquiror and its Affiliates are not acquiring any (i) ownership of the GE Name and XX Xxxxx and (ii) except as expressly provided in the Transition Trademark License Agreement, any other rights to the GE Name and XX Xxxxx.