Common use of Borrower Products Clause in Contracts

Borrower Products. Except as described on Schedule 5.11, no Intellectual Property owned by Borrower or Borrower Product has been or is subject to any actual or, to the knowledge of Borrower, threatened in writing, litigation, proceeding (including any proceeding in the United States Patent and Trademark Office, the Canadian Intellectual Property Office or any corresponding foreign office or agency) or outstanding decree, order, judgment, settlement agreement or stipulation that restricts in any manner Borrower’s use, transfer or licensing thereof or that may affect the validity, use or enforceability thereof. There is no decree, order, judgment, agreement, stipulation, arbitral award or other provision entered into in connection with any litigation or proceeding that obligates Borrower to grant licenses or ownership interest in any future Intellectual Property related to the operation or conduct of the business of Borrower or Borrower Products. Borrower has not received any written notice or claim, or, to the knowledge of Borrower, oral notice or claim, challenging or questioning Borrower’s ownership in any Intellectual Property (or written notice of any claim challenging or questioning the ownership in any licensed Intellectual Property of the owner thereof) or suggesting that any third party has any claim of legal or beneficial ownership with respect thereto nor, to ▇▇▇▇▇▇▇▇’s knowledge, is there a reasonable basis for any such claim. Neither Borrower’s use of its Intellectual Property nor the production and sale of Borrower Products infringes the Intellectual Property or other rights of others.

Borrower Products. Except as described on Schedule 5.11, no Intellectual Property owned by any Borrower or any Borrower Product has been or is subject to any actual or, to the knowledge of any Borrower, threatened in writing, litigation, proceeding (including any proceeding in the United States Patent and Trademark Office, the Canadian Intellectual Property Office or any corresponding foreign office or agency) or outstanding decree, order, judgment, settlement agreement or stipulation that restricts in any manner such Borrower’s use, transfer or licensing thereof or that may affect the validity, use or enforceability thereof. There is no decree, order, judgment, agreement, stipulation, arbitral award or other provision entered into in connection with any litigation or proceeding that obligates any Borrower to grant licenses or ownership interest in any future Intellectual Property related to the operation or conduct of the business of any Borrower or any Borrower Products. No Borrower has not received any written notice or claim, or, to the knowledge of any Borrower, oral notice or claim, challenging or questioning any Borrower’s ownership in any Intellectual Property (or written notice of any claim challenging or questioning the ownership in any licensed Intellectual Property of the owner thereof) or suggesting that any third party has any claim of legal or beneficial ownership with respect thereto nor, to ▇▇▇▇▇▇▇▇any Borrower’s knowledge, is there a reasonable basis for any such claim. Neither No Borrower’s use of its Intellectual Property nor the production and sale of any Borrower Products infringes the Intellectual Property or other rights of others.

Borrower Products. Except as described on Schedule 5.115.11 to the Disclosure Letter, no material Intellectual Property owned by Borrower any Loan Party or Borrower Product has been or is subject to any actual or, to the knowledge of Borrowerthe Loan Parties, threatened in writing, writing litigation, proceeding (including any proceeding in the United States Patent and Trademark Office, the Canadian Intellectual Property Office or any corresponding foreign office or agency) or outstanding decree, order, judgment, settlement agreement or stipulation that restricts in any material manner Borrower’s use, transfer or licensing thereof or that may affect the validity, use or enforceability thereof. There is no decree, order, judgment, agreement, stipulation, arbitral award or other provision entered into in connection with any litigation or proceeding that obligates Borrower any Loan Party to grant licenses or ownership interest in any material future Intellectual Property related to the operation or conduct of the business of Borrower the Loan Parties or Borrower Products. Borrower No Loan Party has not received any written notice or claim, or, to the knowledge of Borrowerthe Loan Parties, oral notice or claim, challenging or questioning Borrower’s their ownership in any Intellectual Property (or written notice of any claim challenging or questioning the ownership in any licensed Intellectual Property of the owner thereof) or suggesting that any third party has any claim of legal or beneficial ownership with respect thereto nor, to ▇▇▇▇▇▇▇▇’s the Loan Parties’ knowledge, is there a reasonable basis for any such claimclaim in each case to where such notice or claim would reasonably be expected to have a Material Adverse Effect. Neither BorrowerTo Loan Parties’ knowledge, no Loan Party’s use of its Intellectual Property nor or the production and sale of Borrower Products infringes the valid Intellectual Property or other rights of othersothers in any material respect.

Borrower Products. Except as described on Schedule 5.11, no material Intellectual Property owned by Borrower or Borrower Product has been or is subject to any actual or, to the knowledge of Borrower, threatened litigation in writing, litigation, proceeding (including any proceeding in the United States Patent and Trademark Office, the Canadian Intellectual Property Office or any corresponding foreign office or agency) or outstanding decree, order, judgment, settlement agreement or stipulation that ||| restricts in any manner Borrower’s use, transfer or licensing thereof or that may affect the validity, use or enforceability thereof. There is no decree, order, judgment, agreement, stipulation, arbitral award or other provision entered into in connection with any litigation or proceeding that obligates Borrower to grant licenses or ownership interest in any material future Intellectual Property related to the operation or conduct of the business of Borrower or Borrower Products. Borrower has not received any written notice or claim, or, to the knowledge of Borrower, oral notice or claim, challenging or questioning Borrower’s ownership in any material Intellectual Property (or written notice of any claim challenging or questioning the ownership in any licensed Intellectual Property of the owner thereof) or suggesting that any third party has any claim of legal or beneficial ownership with respect thereto nor, to ▇▇▇▇▇▇▇▇’s knowledge, is there a reasonable basis for any such claim. Neither Borrower’s use of its Intellectual Property nor the production and sale of Borrower Products infringes the valid Intellectual Property or other rights of others.

Borrower Products. Except as described on Schedule 5.11, no Intellectual Property owned by such Borrower or Borrower Product has been or is subject to any actual or, to the knowledge of such Borrower, threatened in writing, litigation, proceeding (including any proceeding in the United States Patent and Trademark Office, the Canadian Intellectual Property Office or any corresponding foreign office or agency) or outstanding decree, order, judgment, settlement agreement or stipulation that restricts in any manner such Borrower’s use, transfer or licensing thereof or that may affect the validity, use or enforceability thereof. There is no decree, order, judgment, agreement, stipulation, arbitral award or other provision entered into in connection with any litigation or proceeding that obligates such Borrower to grant licenses or ownership interest in any future Intellectual Property related to the operation or conduct of the business of such Borrower or Borrower Products. Such Borrower has not received any written notice or claim, or, to the knowledge of such Borrower, oral notice or claim, challenging or questioning such Borrower’s ownership in any Intellectual Property (or written notice of any claim challenging or questioning the ownership in any licensed Intellectual Property of the owner thereof) or suggesting that any third party has any claim of legal or beneficial ownership with respect thereto nor, to ▇▇▇▇▇▇▇▇thereto. To such Borrower’s knowledge, is there a reasonable basis for any neither such claim. Neither Borrower’s use of its Intellectual Property nor the production and development, testing, manufacture or sale of Borrower Products infringes the Intellectual Property or other rights of others.

Borrower Products. Except as described on Schedule 5.115.11 to the Disclosure Letter, no material Intellectual Property owned by Borrower any Loan Party or Borrower Product has been or is subject to any actual or, to the knowledge of Borrowerthe Loan Parties, threatened in writing, writing litigation, proceeding (including any proceeding in the United States Patent and Trademark Office, the Canadian Intellectual Property Office or any corresponding foreign office or agency) or outstanding decree, order, judgment, settlement agreement or stipulation that restricts in any material manner Borrower’s use, transfer or licensing thereof or that may affect the validity, use or enforceability thereof. There is no material decree, order, judgment, agreement, stipulation, arbitral award or other provision entered into in connection with any litigation or proceeding that obligates Borrower any Loan Party to grant licenses or ownership interest in any future Intellectual Property related to the operation or conduct of the business of Borrower the Loan Parties or Borrower Products. Borrower No Loan Party has not received any written notice or claim, or, to the knowledge of Borrowerthe Loan Parties, oral notice or claim, challenging or questioning Borrower’s their ownership in any Intellectual Property (or written notice of any claim challenging or questioning the ownership in any licensed Intellectual Property of the owner thereof) or suggesting that any third party has any claim of legal or beneficial ownership with respect thereto nor, to ▇▇▇▇▇▇▇▇’s the Loan Parties’ knowledge, is there a reasonable basis for any such claimclaim in each case to where such notice or claim would reasonably be expected to have a Material Adverse Effect. Neither BorrowerTo Loan Parties’ knowledge, no Loan Party’s use of its Intellectual Property nor or the production and sale of Borrower Products infringes the valid Intellectual Property or other rights of othersothers in any material respect.

Borrower Products. Except as described set forth on Schedule 5.11, no Intellectual Property owned by Borrower or Borrower Product has been or is subject to any actual or, to the knowledge of Borrower, threatened (in writing, ) litigation, proceeding (including any non-prosecution proceeding in the United States Patent and Trademark Office, the Canadian Intellectual Property Office or any corresponding foreign office or agency) or outstanding decree, order, judgment, settlement agreement or stipulation that restricts in any manner Borrower’s use, transfer or licensing thereof or that may affect the validity, use or enforceability thereof. There is no decree, order, judgment, agreement, stipulation, arbitral award or other provision entered into in connection with any litigation or proceeding that obligates Borrower to grant licenses or ownership interest in any future Intellectual Property related material to the operation or conduct of the business of Borrower or Borrower Products. Borrower has not received any written notice or claim, or, to the knowledge of Borrower, oral notice or claim, challenging or questioning Borrower’s ownership in any material Intellectual Property (or written notice of any claim challenging or questioning the ownership in any licensed Intellectual Property of the owner thereof) or suggesting that any third party has any claim of legal or beneficial ownership with respect thereto nor, to ▇▇▇▇▇▇▇▇’s knowledgethe knowledge of Borrower, is there a reasonable basis for any such claim. Neither Borrower’s use of its Intellectual Property nor the production and sale of Borrower Products infringes the valid Intellectual Property rights or other rights of others.

Borrower Products. Except as described on Schedule 5.115.11 to the Disclosure Letter, no material Intellectual Property owned by Borrower or Borrower Product has been or is subject to any actual or, to the knowledge of Borrower, threatened litigation in writing, litigation, proceeding (including any proceeding in the United States Patent and Trademark Office, the Canadian Intellectual Property Office or any corresponding foreign office or agency) or outstanding decree, order, judgment, settlement agreement or stipulation that restricts in any material manner Borrower’s use, transfer or licensing thereof or that may affect the validity, use or enforceability thereof. There is no decree, order, judgment, agreement, stipulation, arbitral award or other provision entered into in connection with any litigation or proceeding that obligates Borrower to grant licenses or ownership interest in any material future Intellectual Property related to the operation or conduct of the business of Borrower or Borrower Products. Borrower has not received any written notice or claim, or, to the knowledge of Borrower, oral notice or claim, challenging or questioning Borrower’s ownership in any material Intellectual Property (or written notice of any claim challenging or questioning the ownership in any licensed Intellectual Property of the owner thereof) or suggesting that any third party has any claim of legal or beneficial ownership with respect thereto nor, to ▇▇▇▇▇▇▇▇Borrower’s knowledge, is there a reasonable basis for any such claim, in each case to where such notice or claim would reasonably be expected to have a Material Adverse Effect. Neither To Borrower’s knowledge, neither Borrower’s use of its Intellectual Property nor the production and sale of Borrower Products infringes the valid Intellectual Property or other rights of othersothers in any material respect.

Borrower Products. Except as described on Schedule 5.11could not reasonably be expected to result in a Material Adverse Effect, no Intellectual Property owned by Borrower or Borrower Product has been or is subject to any actual or, to the knowledge of Borrower, threatened in writing, litigation, proceeding (including any proceeding in the United States Patent and Trademark Office, the Canadian Intellectual Property Office or any corresponding foreign office or agency) or outstanding decree, order, judgment, settlement agreement or stipulation that restricts in any manner Borrower’s use, transfer or licensing thereof or that may affect the validity, use or enforceability thereof. There is no decree, order, judgment, agreement, stipulation, arbitral award or other provision entered into in connection with any litigation or proceeding that obligates Borrower to grant licenses or ownership interest in any future Intellectual Property related to the operation or conduct of the business of Borrower or Borrower Products. Borrower has not received any written notice or claim, or, to the knowledge of Borrower, oral notice or claim, challenging or questioning Borrower’s ownership in any Intellectual Property (or written notice of any claim challenging or questioning the ownership in any licensed Intellectual Property of the owner thereof) or suggesting that any third party has any claim of legal or beneficial ownership with respect thereto nor, to ▇▇▇▇▇▇▇▇’s knowledge, is there a reasonable basis for any such claimthereto. Neither Borrower’s use of its Intellectual Property nor the production and sale of Borrower Products infringes the Intellectual Property or other rights of others.