Common use of Protection and Registration of Intellectual Property Rights Clause in Contracts

Protection and Registration of Intellectual Property Rights. (a) (i) Take commercially reasonable steps to protect, defend and maintain the validity and enforceability of its Intellectual Property; (ii) promptly advise Bank in writing of material infringements of its Intellectual Property; and (iii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent. (b) Provide written notice to Bank within thirty (30) days of entering or becoming bound by any Restricted License (other than over-the-counter software that is commercially available to the public). Borrower shall take such steps as Bank requests to obtain the consent of, or waiver by, any person whose consent or waiver is necessary for (i) any Restricted License to be deemed “Collateral” and for Bank to have a security interest in it that might otherwise be restricted or prohibited by law or by the terms of any such Restricted License, whether now existing or entered into in the future, and (ii) Bank to have the ability in the event of a liquidation of any Collateral to dispose of such Collateral in accordance with Bank’s rights and remedies under this Agreement and the other Loan Documents.

Appears in 2 contracts

Sources: Loan Agreement (Veracyte, Inc.), Loan and Security Agreement (Veracyte, Inc.)

Protection and Registration of Intellectual Property Rights. (a) (i) Take commercially reasonable steps to protectProtect, defend and maintain the validity and enforceability of its Intellectual Property; (ii) promptly advise Bank Lender in writing of material infringements of its Intellectual Property; and (iii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without BankLender’s written consent. (b) Provide written notice to Bank Lender within thirty ten (3010) days of entering or becoming bound by any Restricted License (other than over-the-counter software that is commercially available to the public). Borrower shall take such steps as Bank Lender requests to obtain the consent of, or waiver by, any person whose consent or waiver is necessary for (i) any Restricted License to be deemed “Collateral” and for Bank Lender to have a security interest in it that might otherwise be restricted or prohibited by law or by the terms of any such Restricted License, whether now existing or entered into in the future, and (ii) Bank Lender to have the ability in the event of a liquidation of any Collateral to dispose of such Collateral in accordance with BankLender’s rights and remedies under this Agreement and the other Loan Documents.

Appears in 2 contracts

Sources: Loan and Security Agreement (Channeladvisor Corp), Loan and Security Agreement (Channeladvisor Corp)

Protection and Registration of Intellectual Property Rights. (a) (i) Take commercially reasonable steps to protectProtect, defend and maintain the validity and enforceability of its Intellectual Property; (ii) promptly advise Bank in writing of material infringements of its Intellectual Property; and (iii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent. (b) Provide written notice to Bank within thirty ten (3010) days of entering or becoming bound by any material Restricted License (other than over-the-counter software that is commercially available to the public). Borrower shall take such steps as Bank reasonably requests to obtain the consent of, or waiver by, any person whose consent or waiver is necessary for (i) any Restricted License to be deemed “Collateral” and for Bank to have a security interest in it that might otherwise be restricted or prohibited by law or by the terms of any such Restricted License, whether now existing or entered into in the future, and (ii) Bank to have the ability in the event of a liquidation of any Collateral to dispose of such Collateral in accordance with Bank’s rights and remedies under this Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Loan and Security Agreement (Shutterstock, Inc.)

Protection and Registration of Intellectual Property Rights. (a) (i) Take commercially reasonable steps to protectProtect, defend and maintain the validity and enforceability of its the Credit Parties’ Intellectual Property; (ii) promptly advise Bank Lender in writing of material infringements of its Intellectual Property; and (iii) not allow any Intellectual Property material to Borrowera Credit Party’s business to be abandoned, forfeited or dedicated to the public without BankLender’s written consent. (b) Provide written notice to Bank Lender within thirty ten (3010) days of entering or becoming bound by any Restricted License (other than over-the-counter software that is commercially available to the public). Borrower shall take such steps as Bank Lender reasonably requests to obtain the consent of, or waiver by, any person whose consent or waiver is necessary for (i) any such Restricted License to be deemed “Collateral” and for Bank Lender to have a security interest in it that might otherwise be restricted or prohibited by law or by the terms of any such Restricted License, whether now existing or entered into in the future, after giving effect to the anti-assignment provisions contained in Article 9 of the New York Commercial Code, and (ii) Bank Lender to have the ability in the event of a liquidation of any Collateral to dispose of such Collateral in accordance with BankLender’s rights and remedies under this Agreement, the Intercreditor Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Loan and Security Agreement (Ikanos Communications, Inc.)

Protection and Registration of Intellectual Property Rights. (a) (i) Take commercially reasonable steps to protectProtect, defend and maintain the validity and enforceability of its Borrower’s Intellectual Property; (ii) promptly advise Bank in writing of material infringements of its Intellectual Property; and (iii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent. (b) Provide written notice to Bank within thirty ten (3010) days of entering or becoming bound by any Restricted License (other than over-the-counter software that is commercially available to the public). Borrower shall take such steps as Bank reasonably requests to obtain the consent of, or waiver by, any person whose consent or waiver is necessary for (i) any such Restricted License to be deemed “Collateral” and for Bank to have a security interest in it that might otherwise be restricted or prohibited by law or by the terms of any such Restricted License, whether now existing or entered into in the future, after giving effect to the anti-assignment provisions contained in Division 9 of the California Commercial Code, and (ii) Bank to have the ability in the event of a liquidation of any Collateral to dispose of such Collateral in accordance with Bank’s rights and remedies under this Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Loan and Security Agreement (Ikanos Communications, Inc.)