Common use of Protection of Intellectual Property Rights Clause in Contracts

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its business; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 3 contracts

Samples: Loan and Security Agreement (Force10 Networks Inc), Loan and Security Agreement (Force10 Networks Inc), Loan and Security Agreement (Force10 Networks Inc)

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Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary except where Borrower in the exercise of its business judgment deems it in its best interest not to conduct its businessdo so; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consentconsent except where Borrower in the exercise of its business judgment deems it in its best interest to do so.

Appears in 3 contracts

Samples: Loan and Security Agreement (Luca Technologies Inc), Loan and Security Agreement (Luca Technologies Inc), Loan and Security Agreement (Hansen Medical Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) shall protect, defend and maintain the validity and enforceability of its intellectual property necessary property, except to conduct the extent that Bank gives its business; (b) promptly advise Bank prior written consent or if Borrower determines in writing of material infringements good faith and upon consultation of its intellectual property; and (c) legal counsel that the foregoing is not allow any intellectual property material to in the best interests of Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 2 contracts

Samples: Loan Modification Agreement (Tremor Video Inc.), Loan Modification Agreement (Tremor Video Inc.)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s 's business to be abandoned, forfeited or dedicated to the public without Bank’s 's prior written consent.

Appears in 2 contracts

Samples: Loan and Security Agreement (Spire Corp), Loan and Security Agreement (Spire Corp)

Protection of Intellectual Property Rights. Borrower shall: (a) take commercially reasonable measures on advice of counsel to protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.” and inserting in lieu thereof the following:

Appears in 2 contracts

Samples: First Loan Modification Agreement (Bridgeline Software, Inc.), First Loan Modification Agreement (Bridgeline Software, Inc.)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its any intellectual property necessary material to conduct its Borrower’s business; (b) promptly advise Bank in writing of material infringements of its any intellectual propertyproperty material to Borrower’s business; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.” 12 The Loan Agreement shall be amended by deleting the following, appearing as Section 7.5 thereof:

Appears in 2 contracts

Samples: Loan and Security Agreement (T2 Biosystems, Inc.), Loan and Security Agreement (T2 Biosystems, Inc.)

Protection of Intellectual Property Rights. To the extent it has the right to do so, Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary material to conduct its business; (b) promptly advise Bank in writing of material infringements of its intellectual propertyproperty material to its business; and (c) not allow any of its intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ista Pharmaceuticals Inc), Loan and Security Agreement (Ista Pharmaceuticals Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its material intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Audience Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary that is material to conduct its business; (b) promptly advise Bank in writing of material infringements of its material intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent, unless Borrower deems such abandonment, forfeiture, or dedication to be necessary or appropriate in its reasonable business judgment.

Appears in 2 contracts

Samples: Loan Modification Agreement (Enernoc Inc), Loan and Security Agreement (Enernoc Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 2 contracts

Samples: Loan and Security Agreement (Everyday Health, Inc.), Loan and Security Agreement (St. Bernard Software, Inc.)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary material to conduct its businessbusiness consistent with reasonable business practices for companies similar to Borrower, in Borrower’s industry; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bankunless Borrower’s written consentBoard of Directors determines that such abandonment, forefeiture or dedication is reasonable.

Appears in 2 contracts

Samples: Loan and Security Agreement (Rae Systems Inc), Loan and Security Agreement (Rae Systems Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 2 contracts

Samples: Third Loan Modification Agreement (BG Medicine, Inc.), Third Loan Modification Agreement (BG Medicine, Inc.)

Protection of Intellectual Property Rights. Borrower shall: (a) use reasonable business judgment to protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessIntellectual Property; (b) promptly advise Bank in writing of material infringements of its intellectual propertyIntellectual Property reasonably likely to result in a Material Adverse Change; and (c) not allow any intellectual property Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public public, to the extent such abandonment, forfeiture or dedication would be reasonably likely to result in a Material Adverse Change, without Bank’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Cepheid)

Protection of Intellectual Property Rights. Borrower shall: (a) shall use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its material intellectual property necessary to conduct its business; (b) promptly advise Bank property, except where Borrower in writing of material infringements the exercise of its intellectual property; and (c) business judgment deems it in its best interest not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consentdo so.

Appears in 1 contract

Samples: Loan and Security Agreement (Vringo Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) use reasonable efforts to protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing when Borrower becomes aware of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent, unless Borrower determines that reasonable business practices suggest that abandonment, forfeiture or dedication is appropriate.

Appears in 1 contract

Samples: Loan and Security Agreement (Evergreen Solar Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing of material infringements of its intellectual propertyproperty known to Borrower’s Responsible Officers; and (c) not allow any of its intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Openwave Systems Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its the intellectual property necessary material to conduct its Borrower's business; (b) promptly advise Bank Agent in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s 's business to be abandoned, forfeited or dedicated to the public without Bank’s Agent's written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Healthcare Acquisition Corp)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its material intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank Lender in writing of material infringements of its material intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without BankLender’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Bluearc Corp)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its the intellectual property necessary material to the conduct of its business; (b) promptly advise Bank Collateral Agent in writing of material infringements of its intellectual propertyproperty of which Borrower is or becomes, or upon the exercise of reasonable diligence should have become, aware; and (c) not allow any intellectual property material to Borrower’s 's business to be abandoned, forfeited or dedicated to the public without Bank’s Lenders' written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Tranzyme Inc)

Protection of Intellectual Property Rights. Borrower shall: shall (ai) protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessthe Intellectual Property; (bii) promptly advise Bank Lender in writing of material infringements of its intellectual propertythe Intellectual Property; and (ciii) not allow any intellectual property Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without BankLender’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (WaferGen Bio-Systems, Inc.)

Protection of Intellectual Property Rights. Borrower shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.” and inserting in lieu thereof the following:

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (Everyday Health, Inc.)

Protection of Intellectual Property Rights. Borrower shall: (a) shall use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its material intellectual property necessary to conduct its business; (b) promptly advise Bank property, except where Borrower in writing of material infringements the exercise of its intellectual property; business judgment deems it in its best interest not to do so.” and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to inserting in lieu thereof the public without Bank’s written consent.following:

Appears in 1 contract

Samples: First Loan Modification Agreement (Vringo Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its material intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing of material infringements of its material intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Zeltiq Aesthetics Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessIntellectual Property; (b) promptly advise Bank in writing of material infringements of its intellectual propertyIntellectual Property; and (c) not allow any intellectual property Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Dot Hill Systems Corp)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary material to conduct its Borrower’s business; (b) promptly advise Bank in writing of material infringements of its such intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (DemandTec, Inc.)

Protection of Intellectual Property Rights. Borrower Debtor shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to BorrowerDebtor’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 1 contract

Samples: Security Agreement (Reval Holdings Inc)

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Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessIntellectual Property; (b) promptly advise Bank Lenders in writing of material infringements of its intellectual propertyIntellectual Property; and (c) not allow any intellectual property Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s Lenders’ written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Hyperion Therapeutics Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary material to conduct its Borrower’s business; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Websidestory Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) take commercially reasonable measures on advice of counsel to protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Bridgeline Software, Inc.)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its any intellectual property necessary material to conduct its Borrower's business; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s 's business to be abandoned, forfeited or dedicated to the public without Bank’s 's written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Centillium Communications Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.of

Appears in 1 contract

Samples: Loan and Security Agreement (Danger Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank (promptly, after becoming aware thereof) in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Trubion Pharmaceuticals, Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary material to conduct its Borrower's business; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s 's business to be abandoned, forfeited or dedicated to the public without Bank’s 's written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Specialized Health Products International Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank Lenders in writing of material infringements of its intellectual property; , and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s Lenders’ written consent. Notwithstanding the foregoing, Borrower shall be allowed to effect the non-excusive and exclusive licenses of intellectual property permitted under Section 7.1.

Appears in 1 contract

Samples: Loan and Security Agreement (MAP Pharmaceuticals, Inc.)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary Intellectual Property that is material to conduct its Borrower’s business; (b) promptly advise Bank Agent in writing of material infringements infringement by a third party of its intellectual propertyIntellectual Property; and (c) not allow any intellectual property Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without BankAgent’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Tetraphase Pharmaceuticals Inc)

Protection of Intellectual Property Rights. Borrower shall: will, to the extent determined to be prudent by Borrower (a) protect, defend defend, and maintain the validity and enforceability of its intellectual property necessary to conduct its business; (b) the Intellectual Property owned or used by it and promptly advise Bank in writing of any material infringements of its intellectual property; infringements, and (cb) not allow any intellectual property Intellectual Property material to Borrower’s business to be abandoned, forfeited forfeited, or dedicated to the public without Bank’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Redback Networks Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) Borrower shall use commercially reasonable efforts in the exercise of its business judgment to (i) protect, defend and maintain the validity and enforceability of its intellectual property necessary Intellectual Property that is material to conduct its business; (bii) promptly advise Bank in writing of material infringements of its intellectual propertyIntellectual Property; and (ciii) not allow any intellectual property Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Apellis Pharmaceuticals, Inc.)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its the intellectual property necessary material to the conduct of its business; (b) promptly advise Bank Collateral Agent in writing of material infringements of its intellectual propertyproperty of which Borrower is or becomes, or upon the exercise of reasonable diligence should have become, aware; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s Lenders’ written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Tranzyme Inc)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its material intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing of material third party infringements of its intellectual propertyproperty known to Borrower or of which Borrower becomes aware; and (c) not allow any material intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Omniture, Inc.)

Protection of Intellectual Property Rights. Borrower shall: (a) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank Lenders in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s Lenders’ written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Ardea Biosciences, Inc./De)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary any Intellectual Property that is material to conduct its business; (b) promptly advise Bank the Agent in writing writing, with a copy to each Lender, of material infringements of its intellectual propertyIntellectual Property; and (c) not allow any intellectual property Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bankthe Agent’s or the Lenders’ written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (Anesiva, Inc.)

Protection of Intellectual Property Rights. Such Borrower shall: (a) protect, defend and maintain the validity and enforceability of its intellectual property necessary to conduct its businessproperty; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to such Borrower’s business to be abandoned, forfeited or dedicated to the public without Bankpublic, except in the cases of clauses (a) and (c) where such Borrower’s written consentGeneral Counsel or Chief Technology Officer determines in its reasonable business judgment that such action (or inaction) is in such Borrower’s best interest.

Appears in 1 contract

Samples: Loan and Security Agreement (BigBand Networks, Inc.)

Protection of Intellectual Property Rights. Borrower shall: (a) protect, defend and maintain the validity and enforceability of its the intellectual property necessary material to conduct its Borrower’s business; (b) promptly advise Bank in writing of material infringements of its intellectual property; and (c) not allow any intellectual property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Bank’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (ARCA Biopharma, Inc.)

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