Common use of Honduras Clause in Contracts

Honduras. In June 2007, Industrias Quimicus (“IQ”) filed an opposition with the Honduras Trademark Office against the GNC Group’s Mega Men trademark application based on IQ’s Mega Man trademark registration. In June 2009, the Honduras Trademark Office granted the opposition and the GNC Group appealed. The appeal is currently pending. · Nicaragua. In July 2006, Vijosa filed an opposition against TM App. No. 2006-00755 for “ULTRA MEGA” in Int’l Class 5, TM App. No. 2006-00756 for “WOMEN’S ULTRA MEGA” in Int’l Class 5 and TM App. No. 2006-00754 for “MEGA MEN” in Int’l Class 5 before the Trademark Office of Nicaragua. These oppositions were subsequently suspended pending the outcome of GNC’s oppositions of the ▇▇▇▇▇▇ ▇▇▇▇▇ “Ultra Doceplex Mega Man,” “Ultra,” and “Doceplex Mega Woman” that were filed by the GNC Group in the Trademark Office of Nicaragua in January 2006. In those oppositions, the Nicaragua Trademark Office rejected the GNC Group’s oppositions but this decision was overturned on appeal and the oppositions were granted. · Poland. In July 2009, Nutrico N.V. (“Nutrico”) filed an opposition against the GNC Group’s Pro Performance ▇▇▇▇ in the Poland Trademark Office based upon its Performance Nutrition For Athletes trademark registration. This opposition is currently pending. · Portugal. In December 2009, Nutrico filed an opposition against the GNC Group’s Pro Performance ▇▇▇▇ in the Portugal Trademark Office based upon its Performance Nutrition For Athletes trademark registration. This opposition is currently pending.

Honduras. In June 2007, Industrias Quimicus (“IQ”) filed an opposition with the Honduras Trademark Office against the GNC Group’s Mega Men trademark application based on IQ’s Mega Man trademark registration. In June 2009, the Honduras Trademark Office granted the opposition and the GNC Group appealed. The appeal is currently pending. · Nicaragua. In July 2006, Vijosa filed an opposition against TM App. No. 2006-00755 for “ULTRA MEGA” in Int’l Class 5, TM App. No. 2006-00756 for “WOMEN’S ULTRA MEGA” in Int’l Class 5 and TM App. No. 2006-00754 for “MEGA MEN” in Int’l Class 5 before the Trademark Office of Nicaragua. These oppositions were subsequently suspended pending the outcome of GNC’s oppositions of the ▇▇▇▇▇▇ ▇▇▇▇▇ “Ultra Doceplex Mega Man,” “Ultra,” and “Doceplex Mega Woman” that were filed by the GNC Group in the Trademark Office of Nicaragua in January 2006. In those oppositions, the Nicaragua Trademark Office rejected the GNC Group’s oppositions but this decision was overturned on appeal and the oppositions were granted. · Poland. In July 2009, Nutrico N.V. (“Nutrico”) filed an opposition against the GNC Group’s Pro Performance ▇▇▇▇ in the Poland Trademark Office based upon its Performance Nutrition For Athletes trademark registration. This opposition is currently pending. · Portugal. In December 2009, Nutrico filed an opposition against the GNC Group’s Pro Performance ▇▇▇▇ in the Portugal Trademark Office based upon its Performance Nutrition For Athletes trademark registration. This opposition is currently pending.. Unfair Competition