Common use of Restriction on Use of Names Clause in Contracts

Restriction on Use of Names. From and after the Closing, Sellers shall retain the limited right to use the names of Sellers only in connection with (i) the Mariner Bankruptcy Cases, (ii) the application for, and approval of, new names under Sellers' Licenses with respect to the Excluded Medicare Part B Business and Assets and the ownership and operation of the Excluded Part B Business and Assets until the approval of new names under Sellers' Licenses with respect thereto, and (iii) any necessary or appropriate filings or submissions with any Governmental Authority, including Tax Returns and corporate filings and reports. Sellers' limited right to use the names of Sellers shall terminate no later than upon the later to occur of (y) the completion of (i) and (ii) above, and (z) the date that is 180 days after the Closing Date. Immediately upon the termination of Sellers' limited right to use the names of Sellers pursuant to the preceding sentence, Sellers covenant and agree to cease use of all of the names of Sellers and any variations thereof (including all corporate names, fictitious names, product names and service names) and to file proper amendments to each of the Sellers' articles or certificates of incorporation changing each Seller's corporate name to a name that is not similar to any of Sellers' corporate names, fictitious names or any variations thereof. Sellers covenant and agree that upon Purchaser's request, Sellers shall promptly sign all consents and other documents that may be necessary to allow Purchaser to use any name used by any Seller at any time on or before the Closing Date.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Mariner Post Acute Network Inc), Asset Purchase Agreement (Genesis Health Ventures Inc /Pa)