Common use of Enforceability; No Challenges Clause in Contracts

Enforceability; No Challenges. Each item of Company Registered Intellectual Property is subsisting and in good standing, and, to the knowledge of the Company, valid and enforceable. The Company has not misrepresented, or failed to disclose, any facts or information known to the Company in any application for any Company Registered Intellectual Property that would constitute fraud or a misrepresentation with respect to such application or that would otherwise affect the enforceability of any Company Registered Intellectual Property. With respect to each item of Company Registered Intellectual Property and each item of Company Licensed Intellectual Property that has been registered with a Registration Office and is exclusively licensed to the Company, the Company has not received notice of any inventorship challenge, opposition, cancellation, re-examination, interference, invalidity, unenforceability or other action or proceeding before any Registered Office relating to such Intellectual Property Rights, nor does there exist, to the knowledge of the Company, any fact that could lead to the commencement of any such action or proceeding.

Appears in 1 contract

Sources: Merger Agreement (Identiv, Inc.)

Enforceability; No Challenges. Each item of Company Registered Intellectual Property is subsisting and in good standing, and, to the knowledge of the Company, valid and enforceable. The Company has not misrepresented, or failed to disclose, any facts or information known to the Company in any application for any Company Registered Intellectual Property that would constitute fraud or a misrepresentation with respect to such application or that would otherwise affect the enforceability of any Company Registered Intellectual Property. With respect to each item of Company Registered Intellectual Property and each item of Company Licensed Intellectual Property that has been registered with a Registration Office and is exclusively licensed to the Company, the Company has not received notice of any inventorship challenge, opposition, cancellation, re-examination, interference, invalidity, unenforceability or other action or proceeding before any Registered Office relating to such Intellectual Property Rights, nor does there exist, to the knowledge of the Company, any fact that could lead to the commencement of any such action or proceeding.. Table of Contents

Appears in 1 contract

Sources: Merger Agreement (Identiv, Inc.)