Masco and Industries Clause Samples
Masco and Industries shall notify the other promptly following the discovery of any infringement of any unexpired patent or pending published patent application directed to an invention defined in sub-paragraphs 4.01 and 4.02 above by any third party. Masco shall promptly undertake reasonable efforts to obtain a discontinuance of the aforesaid infringement, and, if not successful, Masco shall consult with Industries. If Industries, at its option, brings suite against such infringer, Industries shall select counsel in consultation with Masco and Masco shall guide such infringement action and assist Industries counsel and all costs, expenses and attorney's fees of such action shall be borne by Industries. Masco shall have the right, at its expense, to bring suit against any infringer of a patent directed to a Masco Originated Invention or an Industries Originated Invention licensed by Masco when the act of infringement by the third party competes in the marketplace with a business line of Masco.
Masco and Industries. At any time that Masco and Industries own in the aggregate at least 20% of the outstanding Common Stock, whenever TriMas shall receive a written request on behalf of Masco or Industries requesting TriMas to file a registration statement under the Securities Act of 1933, as in effect at the relevant time (the "Securities Act"), or a comparable statement under any similar federal statute then in effect (in either case a "Common Stock Registration Statement"), with respect to any or all of the Common Stock of the requesting party, TriMas shall promptly prepare and file a Common Stock Registration Statement covering the Common Stock requested to be registered and any other Common Stock of Masco or Industries or of registered holders (other than the Executives) who acquired such Common Stock from Masco or Industries and who have obtained a written agreement from Masco or Industries to participate hereunder (which agreement shall have been filed with TriMas), which, upon inquiry to be then made of Masco, Industries, and all such other holders by TriMas, is requested by such holders ("the Common Stock Holders") to be included therein, and use its best efforts to cause the Common Stock Registration Statement to become effective and remain effective for the period required to permit the public offering and sale of the Common Stock covered thereby; provided, however, that (i) TriMas shall not be obligated to make any such filing with respect to less than 600,000 shares of Common Stock (as adjusted from time to time for stock splits, dividends and similar events after the date of this amendment), (ii) TriMas shall not be obligated to make any such filing within 12 months after the effective date of the next preceding filing made pursuant to this Paragraph 1(a), (iii) TriMas may elect to defer, for a period not exceeding a total of 90 days, the filing of any such Common Stock Registration Statement if in its good faith judgment pending or prospective business developments justify a temporary delay, and (iv) TriMas shall not be obligated to effect any "shelf" registration pursuant to this Paragraph 1(a). All expenses (other than fees and expenses of any underwriters and counsel to Masco, Industries, and the Common Stock Holders) in connection with any registration undertaken by TriMas pursuant to this Paragraph 1(a) shall be borne by TriMas. Either Masco or Industries, as determined by which of them first requests the filing of each Common Stock Registration Statement,...