Common use of Trademarks, Patents and Copyrights Clause in Contracts

Trademarks, Patents and Copyrights. Except as set forth in Section 3.14 of the Company Disclosure Schedule, or to the extent the inaccuracy of any of the following (or the circumstances giving rise to such inaccuracy), individually or in the aggregate, would not have a Company Material Adverse Effect, the Company and each of the Company Subsidiaries own or possess adequate licenses or other legal rights to use all patents, patent rights, trademarks, trademark rights, trade names, trade dress, trade name rights, copyrights, service marks, trade secrets, software, mailing lists, mask works, know-how and other proprietary rights and information, including all applications with respect thereto (collectively, "Proprietary Rights") used or held for use in connection with the business of the Company and the Company Subsidiaries as currently conducted or as contemplated to be conducted, and the Company is unaware of any assertion or claim challenging the validity of any of the foregoing. The conduct of the business of the Company and the Company Subsidiaries as currently conducted and as contemplated to be conducted did not, does not and will not infringe in any way any Proprietary Rights of any third party that, individually or in the aggregate, could have a Company Material Adverse Effect. To the Company's knowledge, there are no infringements of any Proprietary Rights owned by or licensed by or to the Company or any Company Subsidiary that, individually or in the aggregate, could have a Company Material Adverse Effect.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Fort Howard Corp), Agreement and Plan of Merger (James River Corp of Virginia)

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Trademarks, Patents and Copyrights. Except as set forth in Section 3.14 of the Company Disclosure Schedule, or to the extent the inaccuracy of any of the following (or the circumstances giving rise to such inaccuracy), individually or in the aggregate, would not have a Company Material Adverse Effect, the The Company and each of the Company Subsidiaries own or possess adequate licenses or other legal valid rights to use all patents, patent rights, trademarks, trademark rights, trade names, trade dress, trade name rights, copyrights, service marks, trade secrets, software, mailing listsapplications for trademarks and for service marks, mask works, know-how and other proprietary rights and information, including all applications with respect thereto (collectively, "Proprietary Rights") information used or held for use in connection with the business of the Company and the Company its Subsidiaries as currently conducted or as contemplated to be conducted, conducted and the Company is unaware of any assertion or claim challenging the validity of any of the foregoing, which, individually or in the aggregate, could have a Material Adverse Effect. The conduct of the business of the Company and the Company its Subsidiaries as currently conducted and as contemplated to be conducted did not, does not and will not infringe in any way with any Proprietary Rights patent, license, trademark, trade dress, trade name, service mark, xxsk work or copyright of any third party that, individually or in the aggregate, could have a Company Material Adverse Effect. To the Company's knowledge, there There are no infringements of any Proprietary Rights proprietary rights owned by or licensed by or to the Company or any Company Subsidiary thatwhich, individually or in the aggregate, could have a Material Adverse Effect. Neither the Company nor any Subsidiary has licensed or otherwise authorized the use by any third party of any proprietary information on terms or in a manner which, individually or in the aggregate, could have a Material Adverse Effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Damen Financial Corp)

Trademarks, Patents and Copyrights. Except as set forth in Section 3.14 of the Company Disclosure Schedule, or to the extent the inaccuracy of any of the following (or the circumstances giving rise to such inaccuracy), individually or in the aggregate, would not have a Company Material Adverse Effect, the The Company and each of the Company Subsidiaries own or possess adequate licenses or other legal valid rights to use all patents, patent rights, trademarks, trademark rights, trade names, trade dress, trade name rights, copyrights, service marksservicemarks, trade secrets, software, mailing listsapplications for trademarks and for servicemarks, mask works, know-how and other proprietary rights and information, including all applications with respect thereto (collectively, "Proprietary Rights") information used or held for use in connection with the business of the Company and the Company Subsidiaries as currently conducted or as contemplated to be conducted, and the Company is unaware of any assertion or claim challenging the validity of any of the foregoingforegoing which, individually or in the aggregate, could have a Material Adverse Effect. The Except as set forth in Section 5.13 of the Disclosure Schedule, to the Knowledge of the Company, the conduct of the business of the Company and the Company Subsidiaries as currently conducted and as contemplated to be conducted did notsince September 30, 2003 does not and will not infringe conflict in any way with any Proprietary Rights patent, patent right, license, trademark, trademark right, trade dress, trade name, trade name right, service xxxx, mask work or copyright of any third party that, individually or in the aggregate, could have a Company Material Adverse Effect. To the Knowledge of the Company's knowledge, there are no infringements of any Proprietary Rights propriety rights owned by or licensed by or to the Company or any Company Subsidiary thatwhich, individually or in the aggregate, could have a Company Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Amendment Agreement (Imagemax Inc)

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Trademarks, Patents and Copyrights. Except as set forth in Section 3.14 of the Company Disclosure ScheduleSchedule 2.26, or to the extent the inaccuracy of any of the following (or the circumstances giving rise to such inaccuracy), ) individually or in the aggregate, aggregate would not have a Company Material Adverse Effect, the Company and each of the Company Subsidiaries own Subsidiary owns or possess possesses adequate licenses or other legal rights to use all patents, patent rights, trademarks, trademark rights, trade names, trade dress, trade name rights, copyrights, service marks, trade secrets, software, mailing lists, mask worksapplications for trademarks and for service marks, know-how and other proprietary rights and information, including all applications with respect thereto (collectively, "Proprietary Rights") information used or held for use in connection with the business of the Company and the Company Subsidiaries as currently conducted or as contemplated to be conducted, and the Company is unaware has no Knowledge of any assertion or claim challenging the validity of any of the foregoing. The conduct of the business of the Company and the Company Subsidiaries as currently conducted and as contemplated to be conducted did not, does not and will not infringe in any way any Proprietary Rights patent, patent right, license, trademark, trademark right, trade name, trade name right, service mark, or copyright of any third party that, individually or in the ix xxe aggregate, could have a Company Material Adverse Effect. To the Company's knowledgeKnowledge, there are no infringements of any Proprietary Rights proprietary rights owned by or licensed by or to the Company or any Company Subsidiary that, that individually or in the aggregate, aggregate could have a Company Material Adverse Effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Storage Trust Realty)

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