Common use of Protection of Intellectual Property Clause in Contracts

Protection of Intellectual Property. Borrower shall (i) protect, defend and maintain the validity and enforceability of its Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises Lender in writing of material infringements, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Agent’s written consent.

Appears in 5 contracts

Samples: Security Agreement (Enphase Energy, Inc.), Security Agreement (Enphase Energy, Inc.), Security Agreement (Enphase Energy, Inc.)

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Protection of Intellectual Property. Borrower shall (i) protect, defend and maintain the validity and enforceability of its Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises Lender in writing of material infringements, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without AgentLender’s written consent.

Appears in 3 contracts

Samples: Venture Loan and Security Agreement (Enphase Energy, Inc.), Venture Loan and Security Agreement (Enphase Energy, Inc.), Venture Loan and Security Agreement (Enphase Energy, Inc.)

Protection of Intellectual Property. While any Obligations remain outstanding Borrower shall (i) protect, defend and maintain the validity and enforceability of its Intellectual Property material to the extent Borrower deems it appropriate to do so in its reasonable Borrower’s business judgment and promptly advises advise Lender in writing of material infringements, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without AgentLender’s written consent.

Appears in 3 contracts

Samples: Security Agreement (Ambit Biosciences Corp), Security Agreement (Ambit Biosciences Corp), Security Agreement (Ambit Biosciences Corp)

Protection of Intellectual Property. Borrower shall use its commercially reasonable efforts to (i) protect, defend and maintain the validity and enforceability of its material Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises advise Lender in writing of material infringementsinfringements which become known to Borrower, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Agentexcept in the ordinary course of Borrower’s written consentbusiness.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (eXegenics Inc), Subordinated Note and Security Agreement (Opko Health, Inc.)

Protection of Intellectual Property. Borrower shall (i) use commercially reasonable efforts to protect, defend and maintain the validity and enforceability of its Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises Lender advise Lenders in writing of material infringements, and (ii) not allow any Intellectual Property material necessary to Borrower’s business to be abandoned, forfeited or dedicated to the public without Agent’s Lenders’ written consent.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Entropic Communications Inc), Venture Loan and Security Agreement (Entropic Communications Inc)

Protection of Intellectual Property. Borrower shall use its commercially reasonable efforts to (i) protect, defend and maintain the validity and enforceability of its material Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises advise Lender in writing of material infringementsinfringements which become known to Borrower, and (ii) not allow any Intellectual Property material to Borrower’s 's business to be abandoned, forfeited or dedicated to the public without Agent’s written consentexcept in the ordinary course of Borrower's business.

Appears in 2 contracts

Samples: Note and Security Agreement (Frost Phillip Md Et Al), Note and Security Agreement (Modigene Inc.)

Protection of Intellectual Property. Borrower shall (i) protect, defend and maintain the validity and enforceability of its Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises advise Lender in writing of material infringements, and (ii) not allow abandon, forfeit or dedicate to the public any Intellectual Property material to Borrower’s 's business to be abandoned, forfeited or dedicated to the public without Agent’s Lender's prior written consent.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Activbiotics Inc), Venture Loan and Security Agreement (Activbiotics Inc)

Protection of Intellectual Property. Borrower shall (i) protect, defend and maintain the validity and enforceability of its the Intellectual Property material to the extent Borrower deems it appropriate to do so in its reasonable Borrower’s business judgment and promptly advises Lender advise Collateral Agent in writing of material infringementsinfringements thereof, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Agent’s Lenders’ written consent.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp), Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp)

Protection of Intellectual Property. Borrower shall (i) protect, defend and maintain the validity and enforceability of its Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises advise Lender in writing of material infringements, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without AgentLender’s written consent.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Cereplast Inc), Venture Loan and Security Agreement (Pharmasset Inc)

Protection of Intellectual Property. Borrower shall (i) protect, defend and maintain the validity and enforceability of its material Intellectual Property to the extent Borrower deems it appropriate Property, and cause each of its Subsidiaries to do so in its reasonable business judgment the same, and promptly advises Lender advise Collateral Agent in writing of material infringements, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Collateral Agent’s written consent.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (eASIC Corp), Venture Loan and Security Agreement (eASIC Corp)

Protection of Intellectual Property. While any Obligations remain outstanding Borrower shall (i) protect, defend and maintain the validity and enforceability of its Intellectual Property material to the extent Borrower deems it appropriate to do so in its reasonable Borrower’s business judgment and promptly advises Lender advise Lenders in writing of material infringements, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Agent’s Lenders’ written consent.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Ambit Biosciences Corp), Venture Loan and Security Agreement (Ambit Biosciences Corp)

Protection of Intellectual Property. Borrower shall use its commercially reasonable efforts to (i) protect, defend and maintain the validity and enforceability of its material Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises advise Lender in writing of material infringements, infringements which become known to Borrower and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public except in the ordinary course of Borrower’s business. Specifically but without Agent’s written consentlimitation, Borrower shall cause the Xxxxxxxxx License to remain in full force and effect at all times while this Agreement is in effect.

Appears in 2 contracts

Samples: Note and Security Agreement (Cellular Technical Services Co Inc), Note and Security Agreement (Non Invasive Monitoring Systems Inc /Fl/)

Protection of Intellectual Property. Borrower shall (i) protect, defend and maintain the validity and enforceability of its Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises advise Lender in writing of material infringements, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without AgentLender’s written consent.. ****** — Material has been omitted and filed separately with the Commission

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Pharmasset Inc)

Protection of Intellectual Property. Borrower shall (i) protect, defend and maintain the validity and enforceability of its Intellectual Property material to the extent Borrower deems it appropriate to do so in its reasonable Borrower’s business judgment and promptly advises Lender advise Lenders in writing of material infringements, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Agent’s written consentexcept in the ordinary course of business. Lenders acknowledge that abandonment and forfeiture of Intellectual Property is frequently effected in the ordinary course of business.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Sunesis Pharmaceuticals Inc)

Protection of Intellectual Property. Borrower shall use its commercially reasonable efforts to (i) protect, defend and maintain the validity and enforceability of its material Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises advise Lender in writing of material infringements, infringements which become known to Borrower and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public except in the ordinary course of Borrower’s business. Specifically but without Agent’s written consentlimitation, Borrower shall cause the Cxxxxxxxx License to remain in full force and effect at all times while this Agreement is in effect.

Appears in 1 contract

Samples: Note and Security Agreement (Cellular Technical Services Co Inc)

Protection of Intellectual Property. Borrower shall (i) protect, defend and maintain the validity and enforceability of its Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises advise Lender in writing of material infringements, and (ii) not allow any Intellectual Property material to Borrower’s 's business to be abandoned, forfeited or dedicated to the public without Agent’s Lender's written consent.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Isilon Systems, Inc.)

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Protection of Intellectual Property. Borrower shall use its commercially reasonable efforts to (i) protect, defend and maintain the validity and enforceability of its material Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises advise Lender in writing of material infringements, infringements which become known to Borrower and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public except in the ordinary course of Borrower’s business. Specifically but without Agent’s written consentlimitation, Borrower shall cause the Xxxxxxxxx License to remain in full force and effect at all times while this Note is in effect.

Appears in 1 contract

Samples: Note and Security Agreement (Non Invasive Monitoring Systems Inc /Fl/)

Protection of Intellectual Property. Borrower Borrowers shall (i) protect, defend and maintain the validity and enforceability of its their Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises advise Lender in writing of material infringements, and (ii) not allow any Intellectual Property material to any Borrower’s business to be abandoned, forfeited or dedicated to the public without AgentLender’s written consent.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Everyday Health, Inc.)

Protection of Intellectual Property. Borrower shall (i) protect, defend and maintain the validity and enforceability of its Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises Lender advise Lenders in writing of material infringements, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Agent’s Lenders’ prior written consent.

Appears in 1 contract

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

Protection of Intellectual Property. Borrower shall (i) use commercially reasonable steps to protect, defend and maintain the validity and enforceability of its Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises advise Lender in writing of material infringements, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Agentthe consent of the Borrower’s written consentBoard of Directors.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Xtera Communications, Inc.)

Protection of Intellectual Property. Borrower shall (i) protect, defend and maintain the validity and enforceability of its Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises Lender advise Lenders in writing of material infringements, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without AgentLenders’ written consent unless the Borrower’s written consentboard of directors determines in good faith that such action is in the best interests of the Company.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Northstar Neuroscience, Inc.)

Protection of Intellectual Property. Borrower shall (i) protect, defend and maintain the validity and enforceability of its the Intellectual Property to necessary for the extent Borrower deems it appropriate to do so in operation of its reasonable business judgment and promptly advises Lender in writing of material infringements, and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Agent’s written consentbusiness.

Appears in 1 contract

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

Protection of Intellectual Property. Borrower shall will (i) protect, defend and maintain the validity and enforceability of its the Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises Lender advise Bank in writing of material infringements, infringements and (ii) not allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without AgentBank’s written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (North American Scientific Inc)

Protection of Intellectual Property. Borrower shall make all commercially reasonable efforts to (i) protect, defend and maintain the validity and enforceability of its Intellectual Property to the extent Borrower deems it appropriate to do so in its reasonable business judgment and promptly advises Lender advise Lenders in writing of material infringements, and (ii) not knowingly allow any Intellectual Property material to Borrower’s business to be abandoned, forfeited or dedicated to the public without Agent’s Lenders’ prior written consent, unless (1) approved by Borrower’s Chief Scientific Officer and (2) such Intellectual Property is no longer used or useful in the Borrower’s business.

Appears in 1 contract

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

Protection of Intellectual Property. Borrower shall (i) protect, defend and maintain the validity and enforceability of its material Intellectual Property to the extent Borrower deems it appropriate to do so in its accordance with reasonable business judgment practices and promptly advises Lender advise Lenders in writing of material infringementsinfringements as to which Borrower has knowledge thereof, and (ii) not allow any Intellectual Property material to Borrower’s 's business to be abandoned, forfeited or dedicated to the public without Agent’s Lenders' written consent.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Myogen Inc)

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