Rail Marks definition
Examples of Rail Marks in a sentence
To Sellers’ Knowledge, Schedule 3.10(g) hereto contains a list of all material licenses, sublicenses and other agreements pursuant to which any Seller has authorized any other Person to use the Rail Marks.
Consummation of the transactions contemplated hereby will not result in the loss or impairment of the Rail Marks or any material right pertaining thereto.
To Sellers’ Knowledge, there is no infringement or unauthorized use by any Person of the Rail Marks.
Sellers own and have the right to use the Rail Marks, free and clear of all Encumbrances other than Permitted Encumbrances.
To Sellers’ Knowledge, the Rail Marks do not infringe upon, violate or misappropriate the rights of any Person.
Thus, for example, Progress Rail would not be precluded from offering rail transportation services under the Progress Rail Marks to a company engaged in the energy or telecommunications industry notwithstanding that the Progress Energy Companies provide services to that customer.
The Progress Energy Companies shall not, directly or indirectly, infringe or otherwise interfere with the adoption, use, or registration by the Progress Rail Companies, or any of them, of the Progress Rail Marks (currently existing or hereafter acquired) in connection with railcar and locomotive repair, track work, rail parts reconditioning and sales, scrap metal recycling, railcar leasing, and other products and services directly and primarily related to the rail business (“Progress Rail Business”).