Common use of Intangible Assets Clause in Contracts

Intangible Assets. Borrower and its Guarantor Subsidiaries own, or possess the right to use, all trademarks, trade names, copyrights, patents, patent rights, licenses and other intangible assets that are necessary in the conduct of their businesses as operated, and no such intangible asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict would constitute a Material Adverse Effect.

Appears in 8 contracts

Samples: Revolving Loan Agreement (Kb Home), Term Loan Agreement (Kb Home), Revolving Loan Agreement (Kb Home)

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Intangible Assets. The Borrower and its Guarantor Subsidiaries own, or possess the right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are necessary used in the conduct of their respective businesses as now operated, and no none of such intangible assetitems, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict would constitute has a Material Adverse Effect.

Appears in 7 contracts

Samples: Intercreditor Agreement (Tech Data Corp), Credit Agreement (Tech Data Corp), Assignment and Assumption (Tech Data Corp)

Intangible Assets. Borrower Borrowers and its Guarantor their respective Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets Intangible Assets that are necessary used in the conduct of their businesses as now operated, and no such intangible assetIntangible Asset, to the best knowledge of BorrowerBorrowers, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict would constitute constitutes a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co)

Intangible Assets. Borrower and its Guarantor Subsidiaries own, or possess the unrestricted right to use, all trademarks, trade names, copyrights, patents, patent rights, licenses and other intangible assets that are necessary in the conduct of their businesses as operated, and no such intangible asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict would constitute a Material Adverse Effect.

Appears in 3 contracts

Samples: Revolving Loan Agreement (Kb Home), Term Loan Agreement (Kb Home), Revolving Loan Agreement (Kb Home)

Intangible Assets. Borrower and its Guarantor Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets Intangible Assets that are necessary used in the conduct of their businesses as now operated, and no such intangible assetIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict would constitute constitutes a Material Adverse Effect.

Appears in 3 contracts

Samples: Unsecured Term Credit Agreement (BioMed Realty L P), Unsecured Credit Agreement (BioMed Realty L P), Unsecured Credit Agreement (BioMed Realty L P)

Intangible Assets. Borrower and its Guarantor Restricted Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets Intangible Assets that are necessary used in the conduct of their businesses as now operated, and no such intangible assetIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict would constitute constitutes a Material Adverse Effect.

Appears in 3 contracts

Samples: Revolving Loan Agreement (Mandalay Resort Group), Term Loan Agreement (Mandalay Resort Group), Term Loan Agreement (Mandalay Resort Group)

Intangible Assets. Borrower and its Guarantor Subsidiaries own, or possess the right to useuse to the extent necessary in their businesses, all material trademarks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets Intangible Assets that are necessary used in the conduct of their businesses as operatedbusinesses, and no such intangible assetIntangible Asset, to the best knowledge of BorrowerBorrower and the Co-Borrowers, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict would constitute constitutes a Material Adverse Effect.

Appears in 3 contracts

Samples: Day Loan Agreement (MGM Mirage), Day Loan Agreement (MGM Mirage), Day Loan Agreement (MGM Mirage)

Intangible Assets. Borrower and its Guarantor Subsidiaries ownowns, or possess possesses the right to useuse to the extent necessary in its business, all trademarks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets that are necessary used in the conduct of their businesses its business as now operated, and no such intangible asset, to the best knowledge of Borrower’s actual knowledge, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict would constitute a Material Adverse EffectPerson.

Appears in 3 contracts

Samples: Credit Agreement (Southwest Water Co), Credit Agreement (Southwest Water Co), Credit Agreement (Southwest Water Co)

Intangible Assets. Borrower and its Guarantor Subsidiaries own, or possess the unrestricted right to use, all trademarks, trade names, copyrights, patents, patent rights, licenses and other intangible assets that are necessary in the conduct of their businesses as now operated, and no such intangible asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict would constitute a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan Agreement (Kaufman & Broad Home Corp), Revolving Loan Agreement (Kaufman & Broad Home Corp), Term Loan Agreement (Kaufman & Broad Home Corp)

Intangible Assets. Borrower Company and its Guarantor Subsidiaries own, or possess the ----------------- right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are necessary used in the conduct of their respective businesses as now operated, and no none of such intangible assetitems, to the best knowledge of Borrowerany Borrower Party, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such failure to own or possess or such conflict would constitute has a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co)

Intangible Assets. Borrower and its Guarantor Subsidiaries own, or possess the right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are necessary used in the conduct of their respective businesses as now operated, and no none of such intangible assetitems, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict would constitute has a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Newmark Homes Corp), Credit Agreement (Flir Systems Inc)

Intangible Assets. Borrower Company and its Guarantor Subsidiaries own, or possess the ----------------- right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are necessary used in the conduct of their respective businesses as now operated, and no none of such intangible assetitems, to the best knowledge of Borrowerany Borrower Party, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person Person, to the extent that such failure to own or possess or such conflict would constitute has a Material Adverse Effect.

Appears in 2 contracts

Samples: 180 Day Credit Agreement (Levi Strauss & Co), Bridge Credit Agreement (Levi Strauss & Co)

Intangible Assets. Borrower and its Guarantor Significant Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets Intangible Assets that are necessary used in the conduct of their businesses as now operated, and no such intangible assetIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict would constitute constitutes a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co)

Intangible Assets. The Borrower and its Guarantor Subsidiaries own, or possess the right to use, all trademarks, trade names, copyrights, patents, patent rights, licenses and other intangible assets that are necessary in the conduct of their businesses as operated, and no such intangible asset, to the best actual knowledge of the Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict would constitute a Material Adverse Effect.

Appears in 2 contracts

Samples: Assignment and Assumption (WCI Communities, Inc.), Revolving Credit Agreement (WCI Communities, Inc.)

Intangible Assets. Borrower and its Guarantor Restricted Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets Intangible Assets that are necessary used in the conduct of their businesses as now operated, and no such intangible assetIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict would constitute constitutes a Material Adverse Effect.. 4.9

Appears in 2 contracts

Samples: Loan Agreement (Circus Circus Enterprises Inc), Loan Agreement (Circus Circus Enterprises Inc)

Intangible Assets. Borrower and its Guarantor Subsidiaries own, or possess the right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are necessary in material to the conduct of their respective businesses as now operated, and no none of such intangible assetitems, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict would constitute has a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Hispanic Express Inc), Credit Agreement (Central Financial Acceptance Corp)

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Intangible Assets. Borrower and its Guarantor Subsidiaries Borrowers own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets Intangible Assets that are necessary used in the conduct of their businesses as now operated, and no such intangible assetIntangible Asset, to the best knowledge of BorrowerBorrowers, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict would constitute constitutes a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Loan Agreement (BioMed Realty Trust Inc)

Intangible Assets. Borrower and its Guarantor Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets Intangible Assets that are necessary used in the conduct of their businesses as now operated, and no such intangible assetIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict would constitute constitutes a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Loan Agreement (Del Webb Corp)

Intangible Assets. Borrower and its Guarantor Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets Intangible Assets that are necessary used in the conduct of their businesses as now operated, and no such intangible assetIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict would constitute constitutes a Material Adverse Effect.. -51-

Appears in 1 contract

Samples: Revolving Loan Agreement (Del Webb Corp)

Intangible Assets. The Borrower and its Guarantor Subsidiaries own, or possess the right to use, all trademarks, trade names, copyrights, patents, patent rights, franchises, licenses and other intangible assets that are necessary used in the conduct of their respective businesses as now operated, and no none of such intangible assetitems, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict would constitute has a Material Adverse Effect.. 6.18

Appears in 1 contract

Samples: Version Term Loan Credit Agreement (Tech Data Corp)

Intangible Assets. Borrower and its Guarantor Subsidiaries own, or possess ----------------- the right to useuse to the extent necessary in their respective businesses, all trademarksmaterial trade marks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets Intangible Assets that are necessary used in the conduct of their businesses as now operated, and no such intangible assetIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict would constitute constitutes a Material Adverse Effect.

Appears in 1 contract

Samples: Term Loan Agreement (Data Processing Resources Corp)

Intangible Assets. Borrower and its Guarantor Subsidiaries own, or possess the right to useuse to the extent necessary in their respective businesses, all trademarksmaterial trade marks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets Intangible Assets that are necessary used in the conduct of their businesses as now operated, and no such intangible assetIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict would constitute constitutes a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Wild Oats Markets Inc)

Intangible Assets. The Borrower and its Guarantor Subsidiaries ownowns, or possess possesses the right to useuse to the extent necessary in its business, all trademarks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets that are necessary used in the conduct of their businesses its business as now operated, and no such intangible asset, to the best knowledge of Borrower’s actual knowledge, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset of any other Person to the extent that such conflict would constitute a Material Adverse EffectPerson.

Appears in 1 contract

Samples: Credit Agreement (Southwest Water Co)

Intangible Assets. Borrower and its Guarantor Subsidiaries own, owns or possess possesses the right to useuse all trade secrets, all trademarks, trade names, copyrights, patents, patent rights, service marks, computer software, licenses and other intangible assets that are necessary assets, if any, used in the conduct of their businesses Borrower's business as presently operated, and no such intangible assetproperty, to the best knowledge of BorrowerBorrower following due inquiry thereof, conflicts with the valid trademark, trade name, copyright, patent, patent right or other intangible asset of any other Person to the extent that such conflict would constitute a Material Adverse Effectperson.

Appears in 1 contract

Samples: Loan and Security Agreement (Halifax Corp of Virginia)

Intangible Assets. Borrower and its Guarantor Subsidiaries own, or possess ----------------- the right to useuse to the extent necessary in their respective businesses, all material trademarks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets Intangible Assets that are necessary used in the conduct of their businesses as now operated, and no such intangible assetIntangible Asset, to the best knowledge of Borrower, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict would constitute constitutes a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Loan Agreement (Callaway Golf Co /Ca)

Intangible Assets. Borrower and its Guarantor Subsidiaries own, or possess ----------------- the right to useuse to the extent necessary in their businesses, all material trademarks, trade names, copyrights, patents, patent rights, computer software, licenses and other intangible assets Intangible Assets that are necessary used in the conduct of their businesses as operatedbusinesses, and no such intangible assetIntangible Asset, to the best knowledge of BorrowerBorrower and the Co-Borrowers, conflicts with the valid trademark, trade name, copyright, patent, patent right or intangible asset Intangible Asset of any other Person to the extent that such conflict would constitute constitutes a Material Adverse Effect.

Appears in 1 contract

Samples: Day Loan Agreement (MGM Grand Inc)

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