Common use of Patents, Trademarks, Copyrights, Etc Clause in Contracts

Patents, Trademarks, Copyrights, Etc. The Annual Report sets forth a list and brief description of all domestic and foreign patents, patent rights, patent applications, trademarks, trademark applications, service marks, service xxxx applications, trade names, domain names and copyrights, and all applications for such which are in the process of being prepared, owned by or registered in the name of the Company, or of which the Company is a licensor or licensee, or in which the Company has any right, and in each case a brief description of the nature of such right. The Company owns or possesses adequate licenses or other rights to use all patents, patent applications, trademarks, trademark applications, service marks, service xxxx applications, trade names, domain names, copyrights, manufacturing processes, formulae, trade secrets, customer lists and know how (collectively, "Intellectual Property") used in or necessary to the conduct of its business as conducted and as proposed to be conducted, and no claim is pending or, to the best of the Company's knowledge, threatened on the ground that the operations of the Company infringe upon or conflict with the asserted rights of any other Person under any Intellectual Property, and to the best of the Company's knowledge, there is no basis for any such claim (whether or not pending or threatened). No claim is pending or, to the best of the Company's knowledge, threatened on the ground that any such Intellectual Property owned or licensed by the Company, or which the Company otherwise has the right to use, is invalid or unenforceable by the Company and there is no basis for any such claim (whether or not pending or threatened). To the best of the Company's knowledge, all technical information developed by and belonging to the Company which has not been patented has been kept confidential, except for instances of non- compliance which would not have a Material Adverse Effect.

Patents, Trademarks, Copyrights, Etc. The Annual Report ------------------------------------ sets forth a list and brief description of all domestic and foreign patents, patent rights, patent applications, trademarks, trademark applications, service marks, service xxxx applications, trade names, domain names and copyrights, and all applications for such which are in the process of being prepared, owned by or registered in the name of the Company, or of which the Company is a licensor or licensee, or in which the Company has any right, and in each case a brief description of the nature of such right. The Company owns or possesses adequate licenses or other rights to use all patents, patent applications, trademarks, trademark applications, service marks, service xxxx applications, trade names, domain names, copyrights, manufacturing processes, formulae, trade secrets, customer lists and know how (collectively, "Intellectual Property") used in or necessary to the conduct of its business as conducted and as proposed to be conducted, and no claim is pending or, to the best of the Company's knowledge, threatened on the ground that the operations of the Company infringe upon or conflict with the asserted rights of any other Person under any Intellectual Property, and to the best of the Company's knowledge, there is no basis for any such claim (whether or not pending or threatened). No claim is pending or, to the best of the Company's knowledge, threatened on the ground that any such Intellectual Property owned or licensed by the Company, or which the Company otherwise has the right to use, is invalid or unenforceable by the Company and there is no basis for any such claim (whether or not pending or threatened). To the best of the Company's knowledge, all technical information developed by and belonging to the Company which has not been patented has been kept confidential, except for instances of non- compliance which would not have a Material Adverse Effect.

Patents, Trademarks, Copyrights, Etc. The Annual Report Exhibit 5.16 sets forth forth, with respect to each Right which has been registered with a list Governmental Authority or for which an application for such registration has been made, (i) the registered and brief description beneficial owner and the expiration date thereof or the applicant therefor and (ii) the product, service, or products or services of the Company which make use of, or are sold, licensed or made thereunder. Except for rights owned by customers of the Company, the Rights constitute all domestic and foreign copyrights, licenses, patents, patent rights, patent applications, trademarks, trademark applicationsrights, tradenames, service marks, service xxxx applications, trade names, domain names and copyrights, and all applications for such which are in the process of being prepared, owned by or registered in the name of the Company, or of which the Company is a licensor or licensee, or in which the Company has any right, and in each case a brief description of the nature of such right. The Company owns or possesses adequate licenses or other rights to use all patents, patent applications, trademarks, trademark applications, service right marks, service xxxx applications, trade names, domain names, copyrights, manufacturing processes, formulae, trade secrets, customer lists shop rights, know-how, proprietary processes, technical information, techniques, discoveries, designs, drawings and know how (collectively, "Intellectual Property") used in or specifications necessary to for the conduct of its business the Business, as conducted currently conducted. None of the rights owned by customers of the Company and utilized by the Company is necessary for, or utilized by the Company for, any purpose other than in connection with manufacturing of products for such customer. The Sellers have not sold, assigned, transferred, licensed, sub-licensed or conveyed the Rights, or any of them, or any interest in the Rights, or any of them, to any person, and have the entire right, title and interest (free and clear of all security interests, liens and encumbrances of every nature) in and to the Rights. Neither the Rights nor the use thereof by the Company has been nor is the subject of any pending or threatened opposition, interference, cancellation, nullification, conflict, concurrent use, litigation or other proceeding. Except as proposed to be conductedset forth on Exhibit 5.16, the conduct of the Business and the use of the Acquired Assets does not and will not conflict with, or infringe, legally enforceable rights of third parties. To the Knowledge of the Sellers, the Rights have not been used, and no claim use is pending ornow being made, to the best of by any entity except the Company's knowledge, threatened . Except as set forth on the ground that the operations of the Company infringe upon or conflict with the asserted rights of any other Person under any Intellectual Property, and to the best of the Company's knowledgeExhibit 5.16, there is no basis for infringement of any such claim (whether or not pending or threatened). No claim is pending or, to the best of the Company's knowledge, threatened on the ground that any such Intellectual Property owned or licensed by the Company, or which the Company otherwise has the right to use, is invalid or unenforceable by the Company and there is no basis for any such claim (whether or not pending or threatened). To the best of the Company's knowledge, all technical information developed by and belonging to the Company which has not been patented has been kept confidential, except for instances of non- compliance which would not have a Material Adverse EffectRight.