Material Marks definition

Material Marks has the meaning set forth in the Security Agreement.
Material Marks has the meaning set forth in Section 4.18(a).
Material Marks has the meaning set forth in the Dart Security Agreement.

Examples of Material Marks in a sentence

  • Maintain at all times Dart as the legal, beneficial and registered and record owner of the Material Marks; provided, that Dart shall not transfer or otherwise Dispose of any Material Xxxx to any Person, except as permitted pursuant to Section 6.04(i) to the Borrower and its Subsidiaries and as otherwise permitted pursuant to the Security Agreement.

  • Notwithstanding anything to the contrary herein or in any other Loan Document, the Borrower shall not, nor shall it permit any Subsidiary to, directly or indirectly, create, incur, assume or suffer to exist any Lien in respect of (x) the Material Marks and (y) the Equity Interests of Dart, in each case, except for Liens thereon created by the Loan Documents or in connection with the Existing Credit Agreement.

  • The Parent Borrower shall cause Dart at all times to be the legal, beneficial and registered and record owner of the Material Marks, except as otherwise expressly permitted under the Dart Security Agreement; provided that Dart may transfer or otherwise Dispose of any Material Xxxx as permitted pursuant to Section 6.04(h) to the Parent Borrower and its Subsidiaries and as otherwise permitted pursuant to the Dart Security Agreement.

  • To the Knowledge of the Seller, none of the Material Marks used by Seller infringes or is alleged to infringe any trade name, trademark or service xxxx of any other Person.

  • Since December 31, 2005, no Material Xxxx has been or is now involved in any opposition, invalidation or cancellation Proceeding and, to the Knowledge of the Seller, no such action is threatened with respect to any of the Material Marks.

  • ARTICLE 19 A.- CONTRACT OF THE EXECUTIVE DIRECTORS When a member of the Board of Directors is appointed Chief Executive Officer or executive functions are attributed to him/her under a different title, a contract must be entered into between said Board member and the Company, and this contract must be approved by the Board of Directors with a favourable vote of two thirds of its members.

  • Each Assignor agrees to use its Material Marks and maintain or renew registrations for its Material Domain Names which are material to such Assignor’s business in interstate commerce during the time in which this Agreement is in effect and to take all such other actions as are reasonably necessary to preserve such Material Marks as trademarks or service marks under the laws of the United States (other than any such Material Marks which are no longer used or useful in its business or operations).

  • Since December 31, 2005, no Encore Material Xxxx has been or is now involved in any opposition, invalidation or cancellation Proceeding and, to the Knowledge of the Buyer, no such action is threatened with respect to any of the Encore Material Marks.

  • To the Knowledge of the Buyer, none of the Encore Material Marks infringes or is alleged to infringe any trade name, trademark or service xxxx of any other Person.

  • Notwithstanding anything to the contrary herein or in any other Loan Document, the Borrower shall not, nor shall it permit any Subsidiary to, directly or indirectly, create, incur, assume or suffer to exist any Lien in respect of (i) the Material Marks or (ii) the Equity Interests in Dart, in each case, other than Liens permitted by Section 6.01(a) or 6.01(c) and, in the case of Material Marks, to the extent constituting Liens, licenses of IP Rights permitted by Section 6.04(h).


More Definitions of Material Marks

Material Marks means all Intellectual Property consisting of Trademarks and Service Marks (other than Significant Marks) for products sold or distributed as a principal product line associated with, or marketed under, any Significant Xxxx other than those that are no longer of material value or utility to the Borrower or its Subsidiaries.
Material Marks shall have the meaning provided in Section 4.1 of this Agreement.
Material Marks has the meaning set forth in the Dart Security Agreement. “Material Subsidiary” means, at any date of determination, any Subsidiary of the Parent Borrower that, together with its Subsidiaries, (a) has consolidated revenues in an amount equal to at least 5% of the consolidated revenues of the Parent Borrower and its Subsidiaries, (b) has consolidated operating profits in an amount equal to at least 5% of the consolidated operating profits of the Parent Borrower and its Subsidiaries or (c) has consolidated total assets in an amount equal to at least 5% of the consolidated total assets of the Parent Borrower and its Subsidiaries, in each case, as determined for or as of the end of the most recent Measurement Period; provided that if, at any time after the Effective Date, at the end of or for any Measurement Period the combined consolidated revenues, operating profits or total assets of all Subsidiaries that under clauses (a), (b) and (c) above would not constitute Material Subsidiaries shall have exceeded 10% of the consolidated revenues, consolidated operating profits or consolidated total assets of the Parent Borrower and its Subsidiaries, then one or more of such excluded Subsidiaries shall for all purposes of this Agreement be deemed to be Material Subsidiaries in descending order based on the amounts of their consolidated revenues, consolidated operating profits or consolidated total assets, as the case may be, until such excess shall have been eliminated. “Maximum Rate” has the meaning set forth in Section 9.13. “Measurement Period” means, at any date of determination, the most recently completed four fiscal quarters of the Parent Borrower for which financial statements have been delivered (or are required to have been delivered) pursuant to Section 5.01(a) or 5.01(b) (or, prior to the first such delivery, the period of four fiscal quarters of the Parent Borrower ended September 30, 2021).
Material Marks means the pending applications and registrations for trademarks and service marks owned by Dart that are identified on Schedule I to the Security Agreement, in which a Lien is purported to be granted to secure certain obligations in respect of the Guarantee pursuant to the Security Documents (provided that no security interest shall be granted in United States intent-to-use trademark applications to the extent that, and solely during the period in which, the grant of a security interest therein would impair the validity or enforceability of such intent-to-use trademark applications under applicable U.S. federal law), together, in each case, with the goodwill symbolized thereby in the United States and each Material Foreign Jurisdiction where the separation of the goodwill from the trademark or service xxxx shall result in the impairment or invalidity of the trademark or service xxxx rights, including, without limitation, the United States.

Related to Material Marks

  • Material IP means any Intellectual Property that is material to the conduct of the business of the Borrower and its Restricted Subsidiaries, taken as a whole.

  • Material Intellectual Property means any intellectual property owned by any Loan Party that is, in the good faith determination of the Borrower, material to the operation of the business of the Borrower and its Restricted Subsidiaries, taken as a whole.

  • material hoist means a hoist used to lower or raise material and equipment, excluding passengers; "medical certificate of fitness" means a certificate contemplated in regulation 7(8);

  • Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.

  • Trademarks means any trademarks, service marks, trade dress, trade names, brand names, internet domain names, designs, logos, or corporate names (including, in each case, the goodwill associated therewith), whether registered or unregistered, and all registrations and applications for registration and renewal thereof.

  • Product Marks has the meaning set forth in Section 9.5.

  • Individual market means the market for health insurance coverage offered to individuals other than

  • Product Intellectual Property means all of the following related to a Divestiture Product (other than Product Licensed Intellectual Property):

  • IP Materials has the meaning given to it in clause E8.1 (Intellectual Property Rights).

  • Normal Market Size for CFD trading shall mean the maximum number of units of the Underlying Asset that are transmitted by the Company for execution.

  • Investigational Product means the Study Drug identified above and the control material, as further detailed in the Protocol;

  • Tradenames means all telephone exchanges and numbers, trade names, trade styles, trade marks, and other identifying material, and all variations thereof, together with all related goodwill (it being understood and agreed that the name of the hotel chain to which the Hotel is affiliated by franchise, license or management agreement is a protected name or registered service xxxx of such hotel chain and cannot be transferred to Buyer by this Contract, provided that all such franchise, license, management and other agreements granting a right to use the name of such hotel chain or any other trademark or trade name and all waivers of any brand standard shall be assigned to Buyer.

  • Product Trademarks means the Trademark(s) to be used by Adapt or its Affiliates or its or their respective Sublicensees for the Commercialization of Products and any registrations thereof or any pending applications relating thereto (excluding, in any event, any trademarks, service marks, names or logos that include any corporate name or logo of the Parties or their Affiliates).

  • Marks has the meaning set forth in the definition of Intellectual Property Rights.

  • Product Information has the meaning specified in Section 10.12(a).

  • Licensed Marks means those MLS GRID and MLS trademarks, service marks, word marks, logos and distinctive marks of all other kinds, if any, set out in Exhibit A as Licensed Marks.

  • Official mark means the grademark and any other mark, or any variations in such marks approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product, stating that the product was graded, or indicating the appro- priate U.S. grade or condition of the product, or for the purpose of main- taining the identity of products graded under this part, including but not lim- ited to, those set forth in § 56.36.

  • Material Information means any information (Material Fact or Material Change) relating to the business and affairs of the Company that results in or would reasonably be expected to result in a significant change in the market price or value of any of the Company’s securities;

  • Licensed Materials means any materials that Executive utilizes for the benefit of the Company (or any Subsidiary thereof), or delivers to the Company or the Company’s Customers, which (a) do not constitute Work Product, (b) are created by Executive or of which Executive is otherwise in lawful possession and (c) Executive may lawfully utilize for the benefit of, or distribute to, the Company or the Company’s Customers.

  • Licensed Trademarks means the trademarks, service marks, trade dress, logos and other icons or indicia designated by SCEA in the SourceBook 2 or other Guidelines for use on or in connection with Licensed Products. Nothing contained in this Agreement shall in any way grant Publisher the right to use the trademark "Sony" in any manner. SCEA may amend such Licensed Trademarks from time to time in the SourceBook 2 or other Guidelines or upon written notice to Publisher.

  • Material Document Defect As defined in Section 2.03(a) of this Agreement.

  • Trade Marks mean registered Trade Marks and Trade Xxxx applications and include any sign or logo, or combination of signs and/or logos capable of distinguishing the goods or services of one undertaking from those of another undertaking;

  • Financial Markets means international financial markets in which currency and other financial assets exchange rates are determined in multi-party trade.

  • Supplier Materials has the meaning given in clause 8.1(h).

  • Company Product means each product or product candidate that is being researched, tested, developed, commercialized, manufactured, sold or distributed by or on behalf of the Company or any of its Subsidiaries.

  • Logo means the SAP Partner logo as detailed in the SAP Partner Logo Usage Guidelines.