Code Rights Sample Clauses

Code Rights. To exercise any right or remedy available to Lender as a secured party under the Code, as it from time to time is in force and effect, with respect to any portion of the Mortgaged Property or the Intangible Collateral then constituting property subject to the provisions of the Code; or Lender, at its option, may elect to treat the Mortgaged Property or the Intangible Collateral, or any combination, as real property, or an interest therein, for remedial purposes.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Code Rights. To exercise any right or remedy available to Mortgagee as a secured party under the Uniform Commercial Code as adopted by the State of Florida, as it from time to time is in force and effect, with respect to any portion of the Collateral then constituting property subject to the provisions of such Code; or Mortgagee, at its option, may elect to treat the Collateral as real property, or an interest therein, for remedial purposes.
Sample 1
Code Rights. To exercise any right or remedy available to Bank as a secured party under the Uniform Commercial Code as adopted by the State of Florida, as it from time to time is in force and effect, with respect to any portion of the Collateral then constituting property subject to the provisions of such Code; or Bank, at its option, may elect to treat the Collateral as real property, or an interest therein, for remedial purposes.
Sample 1
Code Rights. To exercise any right or remedy available to Mortgagee as a secured party under the Uniform Commercial Code, with respect to any portion of the Collateral then constituting property subject to the provisions of such Code; or Mortgagee, at its option, may elect to treat the Collateral as real property, or an interest therein, for remedial purposes.
Sample 1
Code Rights. The Shareholders shall have the right to exercise all remedial rights against the Buyer and with respect to the either or both of the Debt Instrument(s) and the Company Common Stock as are accorded to a creditor and secured party under the provisions of the Code and other applicable law, but subject to the rights of Smithfield under its senior security interest with respect to the Company Common Stock and subject to the commitment of the Shareholders in the Intercreditor Agreement to first seek recourse for the Event of Default through the proceeds of the Debt Instrument(s) and only thereafter through the Company Common Stock in accordance with the provisions of the Intercreditor Agreement. If the Shareholders elect to exercise their remedial rights under this Section, then, in addition to any other actions that may be permitted under the Code (as limited by the Intercreditor Agreement), the Shareholders may deliver written notice to the Buyer and Escrow Agent identifying the Event of Default, affirming that such Event of Default has not been remedied as permitted and required under this Security Agreement and demanding a release to the Shareholders of the Debt Instruments then held by the Escrow Agent under the Escrow Agreement (a “Demand Notice”). Unless the Buyer, within twenty (20) days after the date of delivery of the Demand Notice, delivers its written notice to the Shareholders and the Escrow Agent stating that no Event of Default exists under this Security Agreement, detailing specifically the basis for that statement and objecting to the release of the Debt Instruments to the Shareholders (an “Objection Notice”), then the Escrow Agent shall within thirty (30) days after the date of delivery of the Demand Notice release to the Shareholders the original copies of the certificates or other documents evidencing the Debt Instruments then held under the Escrow Agreement. If the Buyer delivers an Objection Notice within such period, then the Escrow Agent shall refrain from the release of the Debt Instruments to the Shareholders unless and until directed to do so by a written directive signed by the Buyer and the Shareholders or the Order of a court of competent jurisdiction. If and at such time as the original copies of the certificates or other documents evidencing the Debt Instruments are released to the Shareholders, the Shareholder shall promptly liquidate those Debt Instruments in a commercially reasonable manner to the extent required to pay any p...
Sample 1
Code Rights. The rights, for the Operator and those authorised by it during the Designated Hours save in the case of emergency and in common with the Owner and other persons having the same or similar rights to enter the Property with or without vehicles, plant and equipment (at the Operator's expense and in a good, proper and workmanlike manner) to: Carry out the Installation Works, including the right to install the Apparatus above the present surface of the Property over the relevant Wayleave Route and make good the Property in accordance with the SSRAMS in each case, and afterwards to inspect, maintain, adjust, alter, repair, remove, replace and operate the Apparatus ensuring that on each occasion that the Property is reinstated in accordance with the SSRAMS and otherwise left in a neat and tidy condition; upgrade the Apparatus provided that: any changes as a result of the upgrading to the Apparatus have no adverse impact or no more than a minimal adverse impact on its appearance; and the upgrading imposes no additional burden on the Owner (which includes anything that has an additional adverse effect on the Owner's enjoyment of the Property or that causes additional loss, damage or expense to the Owner; and fell, trim or lop any trees, bushes and other vegetation on the Property which obstruct or interfere with the exercise of the rights in accordance with the SSRAMS, provided that the Operator removes from the Property all timber, wood and vegetation so cut or otherwise deals with it as the Owner directs and leaves the Property properly reinstated in accordance with the SSRAMS and otherwise in a neat and tidy condition; and enter the Property with or without vehicles, plant and equipment to obtain access to any adjoining land over which the Operator has similar rights. Operator's Obligations Prior approval of SSRAMS Prior to carrying out any Installation Works, the Operator will obtain the approval of the Owner to the SSRAMS for Installation Works at the Property (such approval not to be unreasonably withheld or delayed) provided that where any part of the Property is subject to Third Party Rights, the Operator must also obtain the approval of the party having the benefit of such rights. The Operator will not carry out any Installation Works nor install any Apparatus at on or to the Property prior to obtaining such approval(s). Carry out the Installation Works in accordance with the SSRAMs approved The Operator will carry out the Installation Works in accordance ...
Sample 1
AutoNDA by SimpleDocs
Code Rights 
Sample 1Sample 2Sample 3

Related to Code Rights

  • Trade Rights SCHEDULE 3.26 lists all Trade Rights (as defined below) in which the Company now has any interest, specifying whether such Trade Rights are owned, controlled, used or held (under license or otherwise) by the Company, and also indicating which of such Trade Rights are registered. All Trade Rights shown as registered in SCHEDULE 3.26 have been properly registered, all pending registrations and applications have been properly made and filed and all annuity, maintenance, renewal and other fees relating to registrations or applications are current. In order to conduct the business of the Company, as such is currently being conducted or proposed to be conducted, the Company does not require any Trade Rights that it does not already have. To the best of the Company's and the Shareholder's knowledge, the Company is not infringing and has not infringed any Trade Rights of another in the operation of the business of Company, nor is any other person infringing the Trade Rights of the Company. The Company has not granted any license or made any assignment of any Trade Right listed on SCHEDULE 3.26, nor does the Company pay any royalties or other consideration for the right to use any Trade Rights of others. There is no Litigation pending or to the best of the Company's and the Shareholder's knowledge, threatened to challenge the Company's right, title and interest with respect to its continued use and right to preclude others from using any Trade Rights of the Company. All Trade Rights of the Company are valid, enforceable and in good standing, and there are no equitable defenses to enforcement based on any act or omission of the Company. The consummation of the transactions contemplated hereby will not alter or impair any Trade Rights owned or used by the Company. As used herein, the term "Trade Rights" shall mean and include: (i) all trademark rights, business identifiers, trade dress, service marks, trade names and brand names, all registrations thereof and applications therefor and all goodwill associated with the foregoing; (ii) all copyrights, copyright registrations and copyright applications, and all other rights associated with the foregoing and the underlying works of authorship; (iii) all patents and patent applications, and all international proprietary rights associated therewith; (iv) all contracts or agreements granting any right, title, license or privilege under the intellectual property rights of any third party; (v) all inventions, mask works and mask work registrations, know-how, discoveries, improvements, designs, trade secrets, shop and royalty rights, employee covenants and agreements respecting intellectual property and non-competition and all other types of intellectual property; and (vi) all claims for infringement or breach of any of the foregoing.

  • Have Made Rights For purposes of exercising its have made rights granted under Sections of this Project Statement (Licensing), Aquantia may deliver Intel Technology delivered to Aquantia by Intel only to those subcontractors approved in advance in writing by Intel.

  • License Rights The Recipient must provide a license to its “subject data” to the Federal Government, which license is: (a) Royalty-free, (b) Non-exclusive, and (c) Irrevocable, (2) Uses. The Federal Government’s license must permit the Federal Government to take the following actions provided those actions are taken for Federal Government purposes: (a) Reproduce the subject data, (b) Publish the subject data, (c) Otherwise use the subject data, and (d) Permit other entities or individuals to use the subject data, and

  • Code “Code” means the Internal Revenue Code of 1986, as amended.

  • Sublicense Rights Licensee shall not have the right to grant sublicenses under the licenses granted to it under Section 2.1(a) (Development and Commercialization License to Licensee) and Section 6.3(d) (Use of Coherus Trademark), without the prior written consent of Coherus, which consent may be withheld [***], except with respect to [***], in which case [***]. For the avoidance of doubt, it shall be [***] with respect to [***]. If Coherus consents in writing to allow Licensee to grant a sublicense, then Licensee may grant such sublicense, through [***], subject to the following: (a) each Sublicensee shall agree to be bound by all of the applicable terms and conditions of this Agreement; (b) the terms of each sublicense granted by Licensee shall provide that the Sublicensee shall be subject to the terms and conditions of this Agreement; (c) Licensee’s grant of any sublicense shall not relieve Licensee from any of its obligations under this Agreement; (d) Licensee shall be liable for any breach of a sublicense by a Sublicensee to the extent that such breach would constitute a breach of this Agreement, and any breach of the sublicense by such Sublicensee shall be deemed a breach of this Agreement by Licensee to the extent that such breach would constitute a breach of this Agreement as if Licensee had committed such breach; provided, however, that in each instance of any breach, Licensee and/or Sublicensee shall have the right to cure any such breach pursuant to the terms of this Agreement; and (e) Licensee will notify Coherus of the identity of any Sublicensee, and the territory in which it has granted such sublicense, promptly after entering into any sublicense. Notwithstanding anything to the contrary in this Agreement, for clarity, Licensee shall not have the right to grant sublicenses under Section 2.1 (License Grants) to any Third Party to Manufacture Products or to conduct Process Development.

  • Employer Rights 3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement.

  • Incorporation of Software Code I agree that I will not incorporate into any Company software or otherwise deliver to Company any software code licensed under the GNU General Public License or Lesser General Public License or any other license that, by its terms, requires or conditions the use or distribution of such code on the disclosure, licensing, or distribution of any source code owned or licensed by Company except in strict compliance with Company’s policies regarding the use of such software.

  • Intangible Rights Set forth on Section 3.12 of the ----------------- ------------ Company Disclosure Schedule is a list and description of all material foreign and domestic patents, patent rights, trademarks, service marks, trade names, brands and copyrights (whether or not registered and, if applicable, including pending applications for registration) owned, used, licensed or controlled by the Company or the Broker-Dealer Subsidiary, and all goodwill associated therewith. The Company or the Broker-Dealer Subsidiary owns or has the right to use and shall as of the Closing Date own or have the right to use any and all information, know-how, trade secrets, patents, copyrights, trademarks, tradenames, software, formulae, methods, processes and other intangible properties that are necessary or customarily used by the Company or the Broker-Dealer Subsidiary for the ownership, management or operation of its properties ("Intangible Rights") including, but not limited to, the Intangible Rights listed on Section 3.12 of the Company Disclosure Schedule. Furthermore: ------------ (i) either the Company or the Broker-Dealer Subsidiary is the sole and exclusive owner of all right, title and interest in and to all of the Intangible Rights, and has the exclusive right to use and license the same, free and clear of any claim or conflict with the Intangible Rights of others; (ii) no royalties, honorariums or fees are payable by the Company or the Broker-Dealer Subsidiary to any person by reason of the ownership or use of any of the Intangible Rights; (iii) there have been no claims made against the Company or the Broker-Dealer Subsidiary asserting the invalidity, abuse, misuse, or unenforceability of any of the Intangible Rights and, to the knowledge of the Company, no grounds for any such claims exist; (iv) neither the Company nor the Broker-Dealer Subsidiary have made any claim of any violation or infringement by others of any of its Intangible Rights or interests therein and, to the knowledge of the Company, no grounds for any such claims exist; (v) neither the Company nor the Broker-Dealer Subsidiary have received any notice that it is in conflict with or infringing upon the asserted intellectual property rights of others in connection with the Intangible Rights, and neither the use of the Intangible Rights nor the operation of the Company's or the Broker-Dealer Subsidiary's businesses is infringing or has infringed upon any intellectual property rights of others; (vi) the Intangible Rights are sufficient and include all intellectual property rights necessary for the Company or the Broker-Dealer Subsidiary to lawfully conduct its business as presently being conducted; (vii) no interest in any of the Company's or the Broker-Dealer Subsidiary's Intangible Rights has been assigned, transferred, licensed or sublicensed by the Company to any person other than Purchaser pursuant to this Agreement; (viii) to the extent that any item constituting part of the Intangible Rights has been registered with, filed in or issued by any Governmental Authority, such registrations, filings or issuances are listed on Section 3.12 of the Company Disclosure Schedule and were ------------ duly made and remain in full force and effect; (ix) to the knowledge of the Company, there has not been any act or failure to act by the Company or the Broker-Dealer Subsidiary or any of their respective directors, officers, employees, attorneys or agents during the prosecution or registration of, or any other proceeding relating to, any of the Intangible Rights or of any other fact which could render invalid or unenforceable, or negate the right to issuance of, any of the Intangible Rights; (x) to the extent any of the Intangible Rights constitutes proprietary or confidential information, the Company has adequately safeguarded such information from disclosure; and (xi) all of the Company's and the Broker-Dealer Subsidiary's current Intangible Rights will remain in full force and effect following the Closing without alteration or impairment.

  • Discretionary Rights The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).

  • Take-Along Rights If an offeror desires to purchase all of the outstanding shares of Common Stock and if the owners of at least 50% of the outstanding shares desire to make such sale, the Optionee agrees to sell all of his or her shares to such offeror on the terms and conditions approved by the owners of at least 50% of the outstanding shares.

Time is Money Join Law Insider Premium to draft better contracts faster.