Common use of Infringement of Any Collateral Clause in Contracts

Infringement of Any Collateral. In the event that the Grantor becomes aware that any item of the Collateral which the Grantor has reasonably determined to be material to its business is infringed or misappropriated by a third party, the Grantor shall promptly notify the Administrative Agent and the Lenders promptly and in writing, in reasonable detail, at their respective addresses set forth in the Credit Agreement, and shall take such actions as the Grantor or the Administrative Agent deems reasonably appropriate under the circumstances to protect such Collateral, including, without limitation, suing for infringement or misappropriation and for an injunction against such infringement or misappropriation. Any expense incurred in connection with such activities shall be borne by the Grantor. The Grantor will advise the Administrative Agent and the Lenders promptly and in writing, in reasonable detail, at their respective addresses set forth in the Credit Agreement, of any adverse determination or the institution of any proceeding (including, without limitation, the institution of any proceeding in the United States Patent and Trademark Office or any court) regarding any item of the Collateral which has a Material Adverse Effect.

Appears in 2 contracts

Samples: Borrower Patent and Trademark Security Agreement (Raci Holding Inc), Subsidiary Patent and Trademark Security Agreement (Raci Holding Inc)

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Infringement of Any Collateral. In the event that the Grantor becomes aware that any item of the Collateral which the Grantor has reasonably determined to be material to its business is infringed or misappropriated by a third party, the Grantor shall promptly notify the Administrative Agent and the Lenders promptly and in writing, in reasonable detail, at their respective addresses set forth in the Credit Agreement, and shall take such actions as the Grantor or the Administrative Agent deems reasonably appropriate under the circumstances to protect such Collateral, including, without limitation, including suing for infringement or misappropriation and for an injunction against such infringement or misappropriation. Any expense incurred in connection with such activities shall be borne by the Grantor. The Grantor will advise the Administrative Agent and the Lenders promptly and in writing, in reasonable detail, at their respective addresses set forth in the Credit Agreement, of any adverse determination or the institution of any proceeding (including, without limitation, including the institution of any proceeding in the United States Patent and Trademark Office or any court) regarding any item of the Collateral which has a Material Adverse Effect.

Appears in 1 contract

Samples: Patent and Trademark Security Agreement (Remington Arms Co Inc/)

Infringement of Any Collateral. In the event that the any Grantor becomes aware that any item of the Collateral which the such Grantor has reasonably determined to be material to its business is infringed or misappropriated by a third party, the which infringement or misappropriation would reasonably be expected to have a Material Adverse Effect, such Grantor shall promptly notify the Administrative Agent and the Lenders promptly and in 235 writing, in reasonable detail, at their respective addresses its address set forth in the Senior Secured Credit Agreement, and shall take such actions as the such Grantor or the Administrative Agent deems reasonably appropriate under the circumstances to protect such Collateral, including, without limitation, suing for infringement or misappropriation and for an injunction against such infringement or misappropriation. Any expense incurred in connection with such activities shall be borne by the such Grantor. The Grantor will advise the Administrative Agent and the Lenders promptly and in writing, in reasonable detail, at their respective addresses its address set forth in the Senior Secured Credit Agreement, of any adverse determination or the institution of any proceeding (including, without limitation, the institution of any proceeding in the United States Patent and Trademark Office or any court) regarding any item of the Collateral which has a Material Adverse Effect.

Appears in 1 contract

Samples: And Collateral Agreement (Ev International Inc)

Infringement of Any Collateral. In the event that the Grantor becomes aware that any item of the Collateral which the Grantor has reasonably determined to be material to its business is infringed or misappropriated by a third party, which infringement or misappropriation would reasonably be expected to have a Material Adverse Effect, the Grantor shall promptly notify the Administrative Agent and the Lenders promptly and in writing, in reasonable detail, at their respective addresses its address set forth in the Credit Agreement, and shall take such actions as the Grantor or the Administrative Agent deems reasonably appropriate under the circumstances to protect such Collateral, including, without limitation, suing for infringement or misappropriation and for an injunction against such infringement or misappropriation. Any expense incurred in connection with such activities shall be borne by the Grantor. The Grantor will advise the Administrative Agent and the Lenders promptly and in writing, in reasonable detail, at their respective addresses its address set forth in the Credit Agreement, of any adverse determination or the institution of any proceeding (including, without limitation, the institution of any proceeding in the United States Patent and Trademark Office or any court) regarding any item of the Collateral which has a Material Adverse Effect.

Appears in 1 contract

Samples: Security Agreement (Global Decisions Group LLC)

Infringement of Any Collateral. In the event that the any Grantor becomes aware that any item of the Collateral which the such Grantor has reasonably determined to be material to its business is infringed or misappropriated by a third party, which infringement or misappropriation would reasonably be expected to have a Material Adverse Effect, the Grantor shall promptly notify the Administrative Agent and the Lenders promptly and in writing, in reasonable detail, at their respective addresses its address set forth in the Credit Agreement, and shall take such actions permitted by law as the Grantor or the Administrative Agent deems reasonably appropriate under the circumstances to protect such Collateral, including, without limitation, suing for infringement or misappropriation and for an injunction against such infringement or misappropriation. Any expense incurred in connection with 11 such activities shall be borne by the such Grantor. The Grantor will advise the Administrative Agent and the Lenders promptly and in writing, in reasonable detail, at their respective addresses its address set forth in the Credit Agreement, of any adverse determination or the institution of any proceeding (including, without limitation, the institution of any proceeding in the United States Patent and Trademark Office or any court) regarding any item of the Collateral which has a Material Adverse Effect.

Appears in 1 contract

Samples: Patent and Trademark Security Agreement (Day International Group Inc)

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Infringement of Any Collateral. In the event that the any Grantor becomes aware that any item of the Collateral which the such Grantor has reasonably determined to be material to its business is infringed or misappropriated by a third party, which infringement or misappropriation would reasonably be expected to have a Material Adverse Effect, the Grantor shall promptly notify the Administrative Agent and the Lenders promptly and in writing, in reasonable detail, at their respective addresses its address set forth in the Credit Agreement, and shall take such actions permitted by law as the Grantor or the Administrative Agent deems reasonably appropriate under the circumstances to protect such Collateral, including, without limitation, suing for infringement or misappropriation and for an injunction against such infringement or misappropriation. Any expense incurred in connection with such activities shall be borne by the such Grantor. The Grantor will advise the Administrative Agent and the Lenders promptly and in writing, in reasonable detail, at their respective addresses its address set forth in the Credit Agreement, of any adverse determination or the institution of any proceeding (including, without limitation, the institution of any proceeding in the United States Patent and Trademark Office or any court) regarding any item of the Collateral which has a Material Adverse Effect.

Appears in 1 contract

Samples: Patent and Trademark Security Agreement (Day International Group Inc)

Infringement of Any Collateral. In the event that the any Grantor becomes aware that any item of the Collateral which the such Grantor has reasonably determined to be material to its business is infringed or misappropriated by a third party, which infringement or misappropriation would reasonably be expected to have a Material Adverse Effect, the Grantor shall promptly notify the Administrative Agent and the Lenders promptly and in writing, in reasonable detail, at their respective addresses its address set forth in the Credit Agreement, and shall take such actions as the Grantor or the Administrative Agent deems reasonably appropriate under the circumstances to protect such Collateral, including, without limitation, suing for infringement or misappropriation and for an injunction against such infringement or misappropriation. Any expense incurred in connection with such activities shall be borne by the such Grantor. The Grantor will advise the Administrative Agent and the Lenders promptly and in writing, in reasonable detail, at their respective addresses its address set forth in the Credit Agreement, of any adverse determination or the institution of any proceeding (including, without limitation, the institution of any proceeding in the United States Patent and Trademark Office or any court) regarding any item of the Collateral which has a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Telex Communications Inc)

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