Common use of Intellectual Property; Licenses, Etc Clause in Contracts

Intellectual Property; Licenses, Etc. The Company and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the Company, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse Effect. No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the Company, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group)

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Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries owneach Restricted Subsidiary party owns, or possess possesses the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Restricted Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (SemGroup Energy Partners, L.P.), Credit Agreement (SemGroup Energy Partners, L.P.), Credit Agreement (SemGroup Energy Partners, L.P.)

Intellectual Property; Licenses, Etc. The Company and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the Company, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.18, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the Company, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Nutri System Inc /De/), Credit Agreement (MULTI COLOR Corp), Credit Agreement (Multi Color Corp)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.18, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan Agreement (Littelfuse Inc /De), Pledge Agreement (Usana Health Sciences Inc), Credit Agreement (Littelfuse Inc /De)

Intellectual Property; Licenses, Etc. The Company and its Subsidiaries ownTo the knowledge of the Borrower, the Consolidated Group owns, or possess possesses the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective its businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could that would reasonably be expected to have a Material Adverse Effect. No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatenedthreatened (and reasonably likely to be commenced), which, that would in either individually or in the aggregate, could case reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Albemarle Corp), Credit Agreement (Albemarle Corp), Cash Bridge Credit Agreement (Albemarle Corp)

Intellectual Property; Licenses, Etc. The Company and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the Company, no material slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company or any Subsidiary infringes in any material respect upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.17, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the Company, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Curtiss Wright Corp), Credit Agreement (Curtiss Wright Corp), Credit Agreement (Curtiss Wright Corp)

Intellectual Property; Licenses, Etc. The Company Loan Parties and its their Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.17, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Cole Credit Property Trust III, Inc.), Credit Agreement (Cole Credit Property Trust III, Inc.), Credit Agreement (Cole Credit Property Trust II Inc)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.17, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatenedthreatened in writing, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Irobot Corp), Reimbursement Agreement (Irobot Corp), Reimbursement Agreement (Irobot Corp)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed on Schedule 5.19, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Tri-State Generation & Transmission Association, Inc.), Credit Agreement (Tri-State Generation & Transmission Association, Inc.), Credit Agreement (Tri-State Generation & Transmission Association, Inc.)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.17, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Precision Castparts Corp), Credit Agreement (Arthrocare Corp), Credit Agreement (Precision Castparts Corp)

Intellectual Property; Licenses, Etc. (a) The Company Borrower and each of its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses Licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary of its Subsidiaries infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Basic Energy Services Inc), Credit Agreement (Basic Energy Services Inc)

Intellectual Property; Licenses, Etc. The Company and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict 60 with the rights of any other Person. To the best knowledge of the Company, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse Effect. No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the Company, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of any Responsible Officer of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of any Responsible Officer of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Dynamics Research Corp), Senior Subordinated Loan Agreement (Dynamics Research Corp)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, "IP Rights") that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.18, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (U S Physical Therapy Inc /Nv), Credit Agreement (Schnitzer Steel Industries Inc)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.18, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatenedthreatened in writing, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Irobot Corp), Reimbursement Agreement (Irobot Corp)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, "IP Rights") that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no material slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.17, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Cross a T Co), Credit Agreement (Cross a T Co)

Intellectual Property; Licenses, Etc. The Company Holdings, the Borrower and its the Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of Holdings and the CompanyBorrower, no slogan none of its material IP Rights, slogans or advertising materials, products, processes, methods, substances, parts or other advertising devicematerials now employed by Holdings, product, process, method, substance, part the Borrower or any Subsidiary infringe in any material respect on any IP Rights or other material now employed, or now contemplated to be employed, by the Company or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No written claim or litigation regarding any of the foregoing is pending or, to the best knowledge of Holdings and the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Keystone Automotive Operations Inc), Term Credit Agreement (Keystone Automotive Operations Inc)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.17, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Usana Health Sciences Inc)

Intellectual Property; Licenses, Etc. The Company Each Borrower and its the Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrowers, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company any Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.17, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrowers, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Stride Rite Corp)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge Knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.19, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge Knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Lydall Inc /De/)

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Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, "IP Rights") that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person, and which are described on Schedule 5.17. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Crocs, Inc.)

Intellectual Property; Licenses, Etc. The Company and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the Company, no material slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company or any Subsidiary infringes in any material respect upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.17, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the Company, threatened, which, either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Curtiss Wright Corp)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, "IP Rights") that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no material slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.17, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. ARTICLE VI.

Appears in 1 contract

Samples: Credit Agreement (Cross a T Co)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.19, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Lydall Inc /De/)

Intellectual Property; Licenses, Etc. The Company Loan Parties and its their Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyLoan Parties, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Loan Parties or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.18, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyLoan Parties, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Nutri System Inc /De/)

Intellectual Property; Licenses, Etc. The Company Holdings, the Borrower and its the Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of Holdings and the CompanyBorrower, no slogan none of its material IP Rights, slogans or advertising materials, products, processes, methods, substances, parts or other advertising devicematerials now employed by Holdings, product, process, method, substance, part the Borrower or any Subsidiary infringe in any material respect on any IP Rights or other material now employed, or now contemplated to be employed, by the Company or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No written claim or litigation regarding any of the foregoing is pending or, to the best knowledge of Holdings and the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.. Keystone Revolving Credit Agreement

Appears in 1 contract

Samples: Revolving Credit Agreement (Keystone Automotive Operations Inc)

Intellectual Property; Licenses, Etc. The Company and its Subsidiaries ownTo the knowledge of the Borrowers, the Consolidated Group owns, or possess possesses the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective its businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrowers, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company or any Subsidiary infringes upon any rights held by any other Person where such infringement could that would reasonably be expected to have a Material Adverse Effect. No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrowers, threatenedthreatened (and reasonably likely to be commenced), which, that would in either individually or in the aggregate, could case reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Albemarle Corp)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To Except as otherwise provided on Schedule 5.06 or to the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as otherwise provided on Schedule 5.06, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Flow International Corp)

Intellectual Property; Licenses, Etc. The Company Borrower and each of its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary of its Subsidiaries infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.21, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (U S Physical Therapy Inc /Nv)

Intellectual Property; Licenses, Etc. The Company Borrowers and its their Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrowers, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrowers or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 5.17, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrowers, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Imation Corp)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, or can acquire on reasonable terms, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could that would reasonably be expected to have a Material Adverse Effect. No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Crosstex Energy Lp)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as specifically disclosed in Schedule 6.18, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Sunrise Senior Living Inc)

Intellectual Property; Licenses, Etc. The Company Borrower and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, “IP Rights”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of the CompanyBorrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company Borrower or any Subsidiary infringes upon any rights held by any other Person where such infringement could reasonably be expected to have a Material Adverse EffectPerson. No Except as disclosed in Schedule 5.06, no claim or litigation regarding any of the foregoing is pending or, to the best knowledge of the CompanyBorrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Sport Supply Group, Inc.)

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