Common use of Infringement Clause in Contracts

Infringement. Except as disclosed on Schedule 5.11, the Borrower has no knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim that the Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 22 contracts

Samples: Credit and Security Agreement   by And (uBid.com Holdings, Inc.), Credit and Security Agreement (MGP Ingredients Inc), Credit and Security Agreement (Nortech Systems Inc)

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Infringement. Except as disclosed on Schedule 5.11, the Borrower has no knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s 's Intellectual Property Rights (including any written claim that the Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s 's knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 15 contracts

Samples: Credit and Security Agreement (Pro Dex Inc), Credit and Security Agreement (Pro Dex Inc), Credit and Security Agreement (Netlist Inc)

Infringement. Except as disclosed on Schedule 5.11, the Borrower has Borrowers have no knowledge of, and has have not received any written claim or notice alleging, any Infringement of another Person’s 's Intellectual Property Rights (including any written claim that the Borrower Borrowers must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s Borrowers' knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 3 contracts

Samples: Credit and Security Agreement (Misonix Inc), Credit and Security Agreement (Misonix Inc), Credit and Security Agreement (Emrise CORP)

Infringement. Except as disclosed on Schedule 5.115.11 (as updated by written notice to Bank from time to time), the Borrower has no knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim that the Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 3 contracts

Samples: Credit Agreement (Landec Corp \Ca\), Credit Agreement (Landec Corp \Ca\), Im Credit Agreement (Landec Corp \Ca\)

Infringement. Except as disclosed on Schedule 5.11, the The Borrower has no knowledge of, and has not received any written claim or notice alleging, any Infringement infringement of another Person’s Intellectual Property Rights (including any written claim that the Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 2 contracts

Samples: Management Agreement (REX AMERICAN RESOURCES Corp), Loan and Security Agreement (Millennium Ethanol, LLC)

Infringement. Except as disclosed on Schedule 5.118.8, the Borrower has no knowledge of, and has not received any written claim notice either orally or notice in writing alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim set forth in writing that the Borrower must license or refrain from using the Intellectual Property Rights of any third partyPerson) nor, to the Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 2 contracts

Samples: Term Loan Agreement (Cherokee Inc), Term Loan Agreement (Cherokee Inc)

Infringement. Except as disclosed on Schedule 5.11the IP Supplement, the Borrower has no knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights rights (including any written claim that the Borrower must license or refrain from using the Intellectual Property Rights rights of any third party) nor, to the Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 2 contracts

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/), Credit and Security Agreement (Rf Monolithics Inc /De/)

Infringement. Except as disclosed on Schedule 5.11, the no Borrower has no knowledge of, and nor has not received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim that the any Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the knowledge of any Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 2 contracts

Samples: Credit and Security Agreement (Global Employment Holdings, Inc.), Credit and Security Agreement (Global Employment Holdings, Inc.)

Infringement. Except as disclosed on Schedule 5.11, the Borrower has no knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim that the Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 2 contracts

Samples: Credit and Security Agreement (Landec Corp \Ca\), Credit and Security Agreement (Landec Corp \Ca\)

Infringement. Except as disclosed on Schedule 5.11, the Borrower has Borrowers have no knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim that the Borrower Borrowers must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s Borrowers’ knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Credit and Security Agreement (Pacific Cma Inc)

Infringement. Except as disclosed on Schedule 5.11, the no Borrower has no any knowledge of, and no Borrower has not received any written claim or notice alleging, any material Infringement of another Person’s 's Intellectual Property Rights (including any written claim that the a Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the any Borrower’s 's knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Credit and Security Agreement (Sportsmans Guide Inc)

Infringement. Except as disclosed set forth on Schedule 5.115.8, the Borrower has no knowledge of, and has not received any written claim notice either orally or notice in a Record alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim set forth in a Record that the Borrower must license or refrain from using the Intellectual Property Rights of any third partyPerson) nor, to the Borrower’s knowledge, is there any threatened claim in writing or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.)

Infringement. Except as disclosed on Schedule 5.114.16, the Borrower has no knowledge does not have any Knowledge of, and has not received any written claim or notice alleging, any Infringement infringement of another Person’s Intellectual Property Rights (including any written claim that the Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Knowledge of the Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Credit Agreement (Green Plains Renewable Energy, Inc.)

Infringement. Except as disclosed on Schedule 5.11, the each Borrower has no knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim that the each Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the any Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Credit and Security Agreement (Bionova Holding Corp)

Infringement. Except as disclosed on Schedule SCHEDULE 5.11, the no Borrower has no any knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s 's Intellectual Property Rights (including any written claim that the such Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the such Borrower’s 's knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Security Agreement (Allis Chalmers Corp)

Infringement. Except as disclosed on Schedule 5.11, the no Borrower has no have knowledge of, and or has not received any written claim or notice alleging, any Infringement of another Person’s 's Intellectual Property Rights (including any written claim that the a Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the any Borrower’s 's knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Credit and Security Agreement (Leather Factory Inc)

Infringement. Except as disclosed on Schedule 5.11, the no Borrower has no knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim that the Borrower Borrowers must license or refrain from using the Intellectual Property Rights of any third party) nor, to the any Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Credit and Security Agreement (Smtek International Inc)

Infringement. Except as disclosed on Schedule SCHEDULE 5.11, the Borrower has and its Subsidiaries have no knowledge of, and has have not received any written claim or notice alleging, any Infringement of another Person’s 's Intellectual Property Rights (including any written claim that the Borrower or any of its Subsidiaries must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s knowledgeknowledge of the Borrower or any of its Subsidiaries, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Credit and Security Agreement (Schuff International Inc)

Infringement. Except as disclosed on Schedule 5.11, the neither Borrower nor any Subsidiary has no knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim that the Borrower or any Subsidiary must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s or any Subsidiary’s knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Credit and Security Agreement (Delphax Technologies Inc)

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Infringement. Except as disclosed on Schedule 5.11, the Borrower has no knowledge of, and nor has not it received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim that the Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Credit and Security Agreement (Pw Eagle Inc)

Infringement. Except as disclosed on Schedule 5.11, the no Borrower has no any knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s 's Intellectual Property Rights (including any written claim that the such Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the any Borrower’s 's knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Credit and Security Agreement (Ramtron International Corp)

Infringement. Except as disclosed on Schedule 5.11, the Borrower has and its Subsidiaries have no knowledge of, and has have not received any written claim or notice alleging, any Infringement of another Person’s 's Intellectual Property Rights (including Including any written claim that the Borrower or any of its Subsidiaries must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s knowledgeknowledge of the Borrower or any of its Subsidiaries, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: And Security Agreement (Hc2 Holdings, Inc.)

Infringement. Except as disclosed on Schedule 5.11, the Borrower has no knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim that the Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim).

Appears in 1 contract

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/)

Infringement. Except as disclosed on Schedule 5.11, the ------------- Borrower has no knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s 's Intellectual Property Rights (including any written claim that the Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s 's knowledge, is there any threatened claim or any reasonable basis for any such claim, in each case that could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Security Agreement (Primesource Healthcare Inc)

Infringement. Except as disclosed on Schedule 5.11, the Borrower has Borrowers have no knowledge of, and has have not received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim that the Borrower Borrowers must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s Borrowers’ knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Loan and Security Agreement (Vein Associates of America Inc)

Infringement. Except as disclosed on Schedule 5.115.19, neither the Borrower nor any of its Subsidiaries has no any knowledge of, and has not received any written claim or notice alleging, any Infringement infringement, dilution, misappropriation or other violation of another Person’s Intellectual Property Rights (including any written claim that the Borrower or any Subsidiaries must license or refrain from using the Intellectual Property Rights of any third partyPerson) nor, to the Borrower’s knowledgeknowledge of the Borrower or any of its Subsidiaries, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Loan Agreement (Gametech International Inc)

Infringement. Except as disclosed on Schedule 5.11, the Borrower has and its Subsidiaries have no knowledge of, and has have not received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim that the Borrower or any of its Subsidiaries must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s knowledgeknowledge of the Borrower or any of its Subsidiaries, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (HC2 Holdings, Inc.)

Infringement. Except as disclosed on Schedule 5.11below, the Borrower has no knowledge of, and has not received any written claim or notice in a Record alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim set forth in a Record that the Borrower must license or refrain from using the Intellectual Property Rights of any third partyPerson) nor, to the Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim, which would have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Security Agreement (Command Security Corp)

Infringement. Except as disclosed on Schedule 5.115.11 (as updated by written notice to Bank from time to time), the Borrower has no knowledge of, and has not received any written claim or notice alleging, any Infringement of another Person’s Intellectual Property Rights (including any written claim that the Borrower must license or refrain from using the Intellectual Property Rights of any third party) nor, to the Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim).

Appears in 1 contract

Samples: Credit Agreement (Landec Corp \Ca\)

Infringement. Except as disclosed set forth on Schedule 5.114.15, the Borrower has no knowledge of, and has not received any written claim notice either orally or notice in writing alleging, any Infringement infringement or other violation of another Person’s Intellectual Property Rights (including any written claim that the Borrower must license or refrain from using the Intellectual Property Rights of any third partyPerson) nor, to the Borrower’s knowledge, is there any threatened claim or any reasonable basis for any such claim.

Appears in 1 contract

Samples: Loan and Security Agreement (InterMetro Communications, Inc.)

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