Common use of Infringements Clause in Contracts

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any Xxxx, or with respect to any party claiming that such Assignor's use of any Xxxx violates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, to prosecute any Person infringing any Xxxx in accordance with commercially reasonable business practices.

Appears in 6 contracts

Samples: Security Agreement (Fairpoint Communications Inc), Pledge Agreement (Fairpoint Communications Inc), Security Agreement (Globe Manufacturing Corp)

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Infringements. Each Assignor agrees, promptly upon learning ------------- thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any Xxxx, or with respect to any party claiming that such Assignor's use of any Xxxx violates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, to prosecute any Person infringing any Xxxx in accordance with commercially reasonable business practices.

Appears in 5 contracts

Samples: Security Agreement (Wesley Jessen Holding Inc), Security Agreement (Wesley Jessen Visioncare Inc), Security Agreement (Kilovac International Inc)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, (i) any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any Xxxx, or (ii) with respect to any party claiming that such Assignor's use of any Xxxx violates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, diligently to prosecute any Person infringing any Xxxx in accordance with commercially reasonable business practicesXxxx.

Appears in 3 contracts

Samples: Security Agreement (Jordan Industries Inc), Security Agreement (Maple Leaf Aerospace Inc), Security Agreement (Tristar Aerospace Co)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's ’s rights in and to any Xxxx, material Xxxx or with respect to any party claiming that such Assignor's ’s use of any material Xxxx violates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, to prosecute in accordance with reasonable business practices any Person infringing any material Xxxx in accordance with commercially reasonable business practicesowned by such Assignor.

Appears in 2 contracts

Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is may be infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any Xxxx, or with respect to any party claiming that such Assignor's use of any Xxxx violates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed directed by the Collateral Agent, diligently to prosecute any Person infringing any Xxxx owned by such Assignor in a manner consistent with its past practice and in accordance with commercially reasonable business practices.

Appears in 2 contracts

Samples: Security Agreement (National Tobacco Co Lp), Security Agreement (National Tobacco Co Lp)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Administrative Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any Xxxxmaterial Mark, or xx with respect to any party claiming that such Assignor's use of any Xxxx violates material Mark xxxlates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Administrative Agent, to prosecute any Person infringing any Xxxx in Mark xx accordance with commercially reasonable business practices.

Appears in 2 contracts

Samples: Credit Agreement (Doubletree Corp), Pledge Agreement (Doubletree Corp)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, to (i) any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any Xxxx, or with respect to (ii) any party claiming that such Assignor's use of any Xxxx violates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, diligently to prosecute any Person infringing any Xxxx in accordance with commercially reasonable business practicesXxxx.

Appears in 1 contract

Samples: Security Agreement (Firstlink Communications Inc)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent Lender in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any Xxxx, or with respect to any party claiming that such Assignor's use of any Xxxx violates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral AgentLender, to prosecute any Person infringing any Xxxx in accordance with commercially reasonable business practices.

Appears in 1 contract

Samples: Security Agreement (Agency Com LTD)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, (i) any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any XxxxMark, or xx (ii) with respect to any party claiming that such Assignor's use of any Xxxx violates Mark xxxlates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, diligently to prosecute any Person infringing any Xxxx in accordance with commercially reasonable business practicesMark.

Appears in 1 contract

Samples: Security Agreement (Transworld Home Healthcare Inc)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any Xxxxmaterial Mark, or with respect to any party claiming that such Assignor's use of usx xx any Xxxx material Mark violates in any material respect any property right of that partyxxxxy. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, to prosecute any Person infringing any Xxxx material Mark owned by such Assignor in accordance with commercially reasonable business practicesxxxxtices.

Appears in 1 contract

Samples: Security Agreement (Silgan Holdings Inc)

Infringements. Each Assignor agrees, promptly upon ------------- learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any Xxxx, or with respect to any party claiming that such Assignor's use of any Xxxx violates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, to prosecute any Person infringing any Xxxx in accordance with commercially reasonable business practices.

Appears in 1 contract

Samples: Security Agreement (Dade International Inc)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any XxxxMark, or with respect to any party claiming that such Assignor's use of uxx xf any Xxxx Mark violates in any material respect any property right of that partypxxxx. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, to prosecute any Person infringing any Xxxx Mark in accordance with commercially reasonable business practices.

Appears in 1 contract

Samples: Security Agreement (Communications Instruments Inc)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is to be infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any Xxxx, or with respect to any party claiming that such Assignor's use of any Xxxx violates in any material respect any property right of that third party. Each Assignor further agrees, unless otherwise agreed directed by the Collateral Agent, diligently to prosecute any Person infringing any Xxxx in accordance with commercially reasonable business practicesXxxx.

Appears in 1 contract

Samples: Credit Agreement (Universal Hospital Services Inc)

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Infringements. Each Assignor agrees, promptly upon learning ------------- thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any Xxxx, or with respect to any party claiming that such Assignor's use of any Xxxx violates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, to prosecute any Person infringing any Xxxx owned by such Assignor in accordance with commercially reasonable business practices.

Appears in 1 contract

Samples: Security Agreement (Cambridge Industries Inc /De)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is materially infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any XxxxMark, or xx with respect to any party claiming that such Assignor's use of any Xxxx violates Mark xxxlates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, to prosecute any Person materially infringing any Xxxx in Mark xx accordance with commercially reasonable business practices.

Appears in 1 contract

Samples: Security Agreement (Pagemart Wireless Inc)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any XxxxMark, or xx with respect to any party claiming that such Assignor's use of any Xxxx violates Mark xxxlates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, to prosecute any Person infringing any Xxxx in Mark xx accordance with commercially reasonable business practices.

Appears in 1 contract

Samples: Security Agreement (McMS Inc)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any Xxxx, or with respect to any party claiming that such Assignor's use of any Xxxx violates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, to prosecute any Person infringing any Xxxx owned by such Assignor in accordance with commercially reasonable business practices.

Appears in 1 contract

Samples: Security Agreement (Extended Stay America Inc)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any material Xxxx, or with respect to any party claiming that such Assignor's use of any material Xxxx violates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, to prosecute any Person infringing any material Xxxx in accordance with commercially reasonable business practices.

Appears in 1 contract

Samples: And Restated Security Agreement (Power Ten)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, to (i) any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any XxxxMark, or with respect to xx (ii) any party claiming that such Assignor's use of any Xxxx violates Mark xxxlates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, diligently to prosecute any Person infringing any Xxxx in accordance with commercially reasonable business practicesmaterial Mark.

Appears in 1 contract

Samples: Security Agreement (Video Update Inc)

Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is infringing or diluting or otherwise violating in any material respect any of such Assignor's rights in and to any significant Xxxx, or with respect to any party claiming that such Assignor's use of any significant Xxxx violates in any material respect any property right of that party. Each Assignor further agrees, unless otherwise agreed by the Collateral Agent, to prosecute any Person infringing any significant Xxxx owned by such Assignor in accordance with commercially reasonable business practices.

Appears in 1 contract

Samples: Credit Agreement (FSC Semiconductor Corp)

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