Common use of Intellectual Property Rights and Licenses Clause in Contracts

Intellectual Property Rights and Licenses. Except as disclosed in the SEC Reports, (a) the Company and its subsidiaries own or have the right to use any and all information, know-how, trade secrets, patents, copyrights, trademarks, trade names, software, formulae, methods, processes and other intangible properties that are of a such nature and significance to the business that the failure to own or have the right to use such items would have a Material Adverse Effect (“Intangible Rights”), (b) neither the Company nor any of its subsidiaries has received any notice that it is in conflict with or infringing upon the asserted intellectual property rights of others in connection with the Intangible Rights, and, to the Company’s knowledge, neither the use of the Intangible Rights nor the operation of the Company’s and its subsidiaries’ businesses is infringing or has infringed upon any intellectual property rights of others in a manner that would be reasonably expected to have a Material Adverse Effect, (c) all payments have been duly made that are necessary to maintain the Intangible Rights in force, (d) no claims have been made, and to the Company’s knowledge, no claims are threatened, that challenge the validity or scope of any material Intangible Right of the Company or any of its subsidiaries, (e) the Company and its subsidiaries have taken reasonable steps to obtain and maintain in force all licenses and other permissions under Intangible Rights of third parties necessary to conduct their businesses as heretofore conducted by them, and now being conducted by them, and as expected to be conducted, and neither the Company nor its subsidiaries is or has been in material breach of any such license or other permission in a manner that would be reasonably expected to have a Material Adverse Effect.

Intellectual Property Rights and Licenses. Except as disclosed in the SEC ReportsCompany’s Publicly Available Information, (a) the Company and its subsidiaries own owns or have the right possesses adequate rights or licenses to use any and all information, know-how, trade secrets, patents, copyrights, trademarks, service marks, trade names, domain names, software, formulae, methods, processes and other intangible properties (“Intangible Rights”) that are of a such nature and significance to the its business that the failure to own or have the right to use or derivatize such items individually or in the aggregate would have a Material Adverse Effect (“Intangible Rights”), (b) neither the Effect. The Company nor any of its subsidiaries has not received any notice that it is in conflict with or infringing upon the asserted intellectual property rights of others in connection with the Intangible Rightsothers, and, to the Company’s knowledge, and neither the use of the Intangible Rights nor the operation of the Company’s and its subsidiaries’ businesses is infringing or has infringed upon any intellectual property rights of others others. Except as disclosed in a manner that would be reasonably expected to have a Material Adverse Effectthe Company’s Publicly Available Information, (c) all payments have been duly made that are necessary to maintain the Intangible Rights in force. Except as disclosed in the Company’s Publicly Available Information, (d) no claims have been made, made and to the Company’s knowledge, no claims are threatened, that oppose or challenge the validity validity, scope or scope of title to any material Intangible Right of the Company. The Company or any and each of its subsidiaries, (e) the Company and its subsidiaries Subsidiaries have taken reasonable steps to obtain and maintain in force all licenses and other permissions under Intangible Rights of third parties necessary to conduct their businesses as heretofore conducted by them, and now being conducted by them, and as expected them or are otherwise reasonably anticipated to be conducted, and neither the Company nor and each of its subsidiaries is or has Subsidiaries are not, have not been and do not anticipate being in material breach of any such license or other permission in a manner that would be reasonably expected to have a Material Adverse Effectpermission.

Intellectual Property Rights and Licenses. Except as disclosed in the SEC Reports, (a) the The Company and its subsidiaries own or have the right to use any and all information, know-how, trade secrets, patents, copyrights, trademarks, trade namestradenames, software, formulae, methods, processes and other intangible properties that are of a such nature and significance to the necessary or customarily used by them in their business that the failure to own or have the right to use such items would have a Material Adverse Effect (“"Intangible Rights”"), . The Company (bincluding its subsidiaries) neither the Company nor any of its subsidiaries has not received any notice that it is in conflict with or infringing upon the asserted intellectual property rights of others in connection with the Intangible Rights, and, to the Company’s 's and its subsidiaries' knowledge, neither the use of the Intangible Rights nor the operation of the Company’s and its subsidiaries’ 's businesses is infringing or has infringed upon any intellectual property rights of others in a manner that would be reasonably expected to have a Material Adverse Effect, (c) all others. All payments have been duly made that are necessary to maintain the Intangible Rights in force, (d) no . No claims have been made, and to the Company’s 's and its subsidiaries knowledge, no claims are threatened, that challenge the validity or scope of any material Intangible Right of the Company or any of its subsidiaries, (e) the . The Company and each of its subsidiaries have taken reasonable steps to obtain and maintain in force all licenses and other permissions under Intangible Rights of third parties necessary to conduct their businesses as heretofore conducted by them, and now being conducted by them, and as expected to be conducted, and neither the Company nor any of its subsidiaries is or has been in material breach of any such license or other permission permission. The Company and each of its subsidiaries have obtained and maintained all necessary agreements providing for assignment to them of all patentable inventions made by and copyright interest in a manner that would be reasonably expected works created by non-employees and employees for the Company and its subsidiaries. The Company and each of its subsidiaries have used all commercially reasonable efforts to maintain the confidentiality of all trade secrets and other confidential information owned by them or in their possession and have a Material Adverse Effectno knowledge of any misappropriation of any such trade secrets or other confidential information by any third party.

Intellectual Property Rights and Licenses. Except as disclosed in None of the SEC ReportsFosun Companies holds any Patent or has licensed any Patent from any other Person. Notwithstanding the foregoing, (a) the Company and its subsidiaries Fosun Companies own or have the right to use any and all information, know-how, trade secrets, patents, copyrights, trademarks, trade names, software, formulae, methods, processes and other intangible properties that are of such a such nature and significance to the business that the failure to own or have the right to use such items would have a Material Adverse Effect (“Intangible Intellectual Property Rights”), (b) neither . None of the Company nor any of its subsidiaries Fosun Companies has received any notice that it is in conflict with or infringing upon the asserted intellectual property rights of others in connection with the Intangible Intellectual Property Rights, and, to the CompanySeller’s knowledge, neither the use of the Intangible Intellectual Property Rights nor the operation of the Company’s and its subsidiaries’ businesses of the Fosun Companies is infringing or has infringed upon any intellectual property rights of others in a manner that would be reasonably expected others. None of the Intellectual Property Rights is subject to have a Material Adverse Effectany legal or equitable charge, (c) all mortgage, Encumbrance, right, interest or claim by any Person. All payments have been duly made that are necessary to maintain the Intangible Intellectual Property Rights in force, (d) no . No claims have been made, and to the CompanySeller’s knowledge, no claims are threatened, that challenge the validity or scope of any material Intangible Right Intellectual Property Rights of the Company or Fosun Companies; and there is no pending or, to Seller’s knowledge, threatened opposition to any such Patent. Each of its subsidiaries, (e) the Company and its subsidiaries have Fosun Companies has taken reasonable steps to obtain and maintain in force all licenses and other permissions under Intangible Intellectual Property Rights of third parties necessary to conduct their its businesses as heretofore conducted by themit, and now being conducted by themit, and as expected to be conducted, and neither none of the Company nor its subsidiaries Fosun Companies is or has been in material breach of any such license or other permission in a manner that would be reasonably expected to have a Material Adverse Effectpermission.

Intellectual Property Rights and Licenses. Except as disclosed in the Disclosure Statement and the SEC ReportsFilings, (a) the Company and its subsidiaries own or have the right to use any and all information, know-how, trade secrets, patents, copyrights, trademarks, trade names, software, formulae, methods, processes and other intangible properties that are of a such nature and significance to the business that the failure to own or have the right to use such items would have a Material Adverse Effect (“Intangible Rights”), ; (b) neither the Company nor any of its subsidiaries has received any notice that it is in conflict with or infringing upon the asserted intellectual property rights of others in connection with the Intangible Rights, and, to the Company’s knowledge, neither the use of the Intangible Rights nor the operation of the Company’s and its subsidiaries’ businesses is infringing or has infringed upon any intellectual property rights of others in a manner that would be reasonably expected to have a Material Adverse Effect, ; (c) all payments have been duly made that are necessary to maintain the Intangible Rights in force, ; (d) no claims have been made, and to the Company’s knowledge, no claims are threatened, that challenge the validity or scope of any material Intangible Right of the Company or any of its subsidiaries, ; (e) the Company and its subsidiaries have taken reasonable steps to obtain and maintain in force all licenses and other permissions under Intangible Rights of third parties necessary to conduct their businesses as heretofore conducted by them, and now being conducted by them, and as expected to be conducted, and neither the Company nor its subsidiaries is or has been in material breach of any such license or other permission in a manner that would be reasonably expected to have a Material Adverse Effect.

Intellectual Property Rights and Licenses. Except as set forth on Schedule C(19), and except as disclosed in the SEC Reports, (a) the Company and its subsidiaries own Subsidiaries owns or have the right possesses adequate licenses to use use, any and all information, know-how, trade secrets, patents, copyrights, trademarks, service marks, trade names, domain names, software, formulae, methods, processes and other intangible properties that are of a such nature and significance to the business that of the failure to own or have the right to use such items would have a Material Adverse Effect Company and its Subsidiaries (“Intangible Rights”). Except as disclosed in the SEC Reports, (b) neither the Company nor any of its subsidiaries has Subsidiaries have received any notice that it is in conflict with or infringing upon the asserted intellectual property rights of others in connection with the Intangible Rights, and, to the Company’s knowledge, neither the use of the Intangible Rights nor the operation of the Company’s and or any of its subsidiaries’ Subsidiary’s businesses is infringing or has infringed upon any intellectual property rights of others in a manner that would be reasonably expected to have a Material Adverse Effect, (c) all others. All payments have been duly made that are necessary to maintain the Intangible Rights in force, (d) no . No claims have been made, and to the Company’s knowledge, no claims are threatened, that challenge the validity or scope of any material Intangible Right of the Company or any of its subsidiaries, (e) the Subsidiaries. The Company and each of its subsidiaries Subsidiaries have taken reasonable steps to obtain and maintain in force all licenses and other permissions under Intangible Rights of third parties necessary to conduct their businesses as heretofore conducted by them, and now being conducted by them, and as expected to be conducted, and neither the Company nor and each of its subsidiaries is Subsidiaries are not or has have not been in material breach of any such license or other permission in a manner that would be reasonably expected to have a Material Adverse Effectpermission.

Intellectual Property Rights and Licenses. Except as disclosed in the SEC Reports, (a) the The Company and its subsidiaries own or have the right to use any and all information, know-how, trade secrets, patents, copyrights, trademarks, trade names, software, formulae, methods, processes and other intangible properties that are of a such nature and significance to the necessary or customarily used by them in their business that the failure to own or have the right to use such items would have a Material Adverse Effect (“Intangible Rights”), . The Company (bincluding its subsidiaries) neither the Company nor any of its subsidiaries has not received any notice that it is in conflict with or infringing upon the asserted intellectual property rights of others in connection with the Intangible Rights, and, to the Company’s knowledge, neither the use of the Intangible Rights nor the operation of the Company’s and its subsidiaries’ businesses is infringing or has infringed upon any intellectual property rights of others in a manner that would be reasonably expected to have a Material Adverse Effect, (c) all others. All payments have been duly made that are necessary to maintain the Intangible Rights in force, (d) no . No claims have been made, and to the Company’s knowledge, no claims are threatened, that challenge the validity or scope of any material Intangible Right of the Company or any of its subsidiaries, (e) the . The Company and each of its subsidiaries have taken reasonable steps to obtain and maintain in force all licenses and other permissions under Intangible Rights of third parties necessary to conduct their businesses as heretofore conducted by them, and now being conducted by them, and as expected to be conducted, and neither the Company nor any of its subsidiaries is or has been in material breach of any such license or other permission permission. The Company has obtained and maintained such agreements providing for assignment of all patentable inventions made by and copyright interest in a manner that would be works created by employees and non-employees as it reasonably expected believes is necessary for the securing and maintenance by the Company of intellectual property rights with respect to such inventions and interest and for the conduct of its business. The Company and each of its subsidiaries have a Material Adverse Effectused all commercially reasonable efforts to maintain the confidentiality of all trade secrets and other confidential information owned by them or in their possession and have no knowledge of any misappropriation of any such trade secrets or other confidential information by any third party.

Intellectual Property Rights and Licenses. Except as disclosed in the SEC ReportsFilings, (a) the Company and its subsidiaries own or have the right to use any and all information, know-how, trade secrets, patents, copyrights, trademarks, trade names, software, formulae, methods, processes and other intangible properties that are of a such nature and significance to the business that the failure to own or have the right to use such items would have a Material Adverse Effect (“Intangible Rights”), (b) neither the Company nor any of its subsidiaries has received any notice that it is in conflict with or infringing upon the asserted intellectual property rights of others in connection with the Intangible Rights, and, to the Company’s knowledge, neither the use of the Intangible Rights nor the operation of the Company’s and its subsidiaries’ businesses is infringing or has infringed upon any intellectual property rights of others in a manner that would be reasonably expected to have a Material Adverse Effect, (c) all payments have been duly made that are necessary to maintain the Intangible Rights in force, (d) no claims have been made, and to the Company’s knowledge, no claims are threatened, that challenge the validity or scope of any material Intangible Right of the Company or any of its subsidiaries, (e) the Company and its subsidiaries have taken reasonable steps to obtain and maintain in force all licenses and other permissions under Intangible Rights of third parties necessary to conduct their businesses as heretofore conducted by them, and now being conducted by them, and as expected to be conducted, and neither the Company nor its subsidiaries is or has been in material breach of any such license or other permission in a manner that would be reasonably expected to have a Material Adverse Effect.

Intellectual Property Rights and Licenses. Except as disclosed in the SEC ReportsFilings, (a) the Company and its subsidiaries own or have has the right to use any and all information, know-how, trade secrets, patents, copyrights, trademarks, trade names, software, formulae, methods, processes and other intangible properties that are of a such nature and significance to the business that the failure to own or have the right to use such items would have a Material Adverse Effect (“Intangible Rights”). Except as disclosed in the SEC Filings, (b) neither the Company nor any of its subsidiaries has received any notice that it is in conflict with or infringing upon the asserted intellectual property rights of others in connection with the Intangible Rights, and, to the Company’s knowledge, neither the use of the Intangible Rights nor the operation of the Company’s and its subsidiaries’ businesses is infringing or has infringed upon any intellectual property rights of others in a manner that would be reasonably expected to have a Material Adverse Effect, (c) all . All payments have been duly made that are necessary to maintain the Intangible Rights in force. Except as disclosed in the SEC Filings, (d) no claims have been made, and to the Company’s knowledge, no claims are threatened, that challenge the validity or scope of any material Intangible Right of the Company or any of its subsidiaries, (e) the . The Company and its subsidiaries have taken reasonable steps to obtain and maintain in force all licenses and other permissions under Intangible Rights of third parties necessary to conduct their businesses as heretofore conducted by them, and now being conducted by them, and as expected to be conducted, and neither the Company nor its subsidiaries is or has been in material breach of any such license or other permission in a manner that would be reasonably expected to have a Material Adverse Effectpermission.

Intellectual Property Rights and Licenses. Except as disclosed in the SEC Reports, (ai) the Company and its subsidiaries own or have the right to use any and all information, know-how, trade secrets, patents, copyrights, trademarks, trade names, software, formulae, methods, processes and other intangible properties that are of a such nature and significance to the business that the failure to own or have the right to use such items would have a Material Adverse Effect (“Intangible Rights”), (bii) neither the Company nor any of its subsidiaries has received any notice that it is in conflict with or infringing upon the asserted intellectual property rights of others in connection with the Intangible Rights, and, to the Company’s knowledge, neither the use of the Intangible Rights nor the operation of the Company’s and its subsidiaries’ businesses is infringing or has infringed upon any intellectual property rights of others in a manner that would be reasonably expected to have a Material Adverse Effect, (ciii) all payments have been duly made that are necessary to maintain the Intangible Rights in force, (div) no claims have been made, and to the Company’s knowledge, no claims are threatened, that challenge the validity or scope of any material Intangible Right of the Company or any of its subsidiaries, and (ev) the Company and its subsidiaries have taken reasonable steps to obtain and maintain in force all licenses and other permissions under Intangible Rights of third parties necessary to conduct their businesses as heretofore conducted by them, and now being conducted by them, and as expected to be conducted, and neither the Company nor its subsidiaries is or has been in material breach of any such license or other permission in a manner that would be reasonably expected to have a Material Adverse Effect.

Intellectual Property Rights and Licenses. Except as disclosed in the Disclosure Statement and the SEC ReportsFilings, (a) the Company and its subsidiaries own or have the right to use any and all information, know-how, trade secrets, patents, copyrights, trademarks, trade names, software, formulae, methods, processes and other intangible properties that are of a such nature and significance to the business that the failure to own or have the right to use such items would have a Material Adverse Effect (“Intangible Rights”), (b) neither the Company nor any of its subsidiaries has received any notice that it is in conflict with or infringing upon the asserted intellectual property rights of others in connection with the Intangible Rights, and, to the Company’s knowledge, neither the use of the Intangible Rights nor the operation of the Company’s and its subsidiaries’ businesses is infringing or has infringed upon any intellectual property rights of others in a manner that would be reasonably expected to have a Material Adverse Effect, (c) all payments have been duly made that are necessary to maintain the Intangible Rights in force, (d) no claims have been made, and to the Company’s knowledge, no claims are threatened, that challenge the validity or scope of any material Intangible Right of the Company or any of its subsidiaries, (e) the Company and its subsidiaries have taken reasonable steps to obtain and maintain in force all licenses and other permissions under Intangible Rights of third parties necessary to conduct their businesses as heretofore conducted by them, and now being conducted by them, and as expected to be conducted, and neither the Company nor its subsidiaries is or has been in material breach of any such license or other permission in a manner that would be reasonably expected to have a Material Adverse Effect.