Common use of Trademarks, Patents Clause in Contracts

Trademarks, Patents. Each of the Borrower and each of its Subsidiaries licenses to use or otherwise has the right to use, all intellectual property necessary for the conduct of its business as currently conducted, except to the extent that the absence of such property could not individually, or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence. As of the date hereof, no claim has been asserted or is pending or, to the knowledge of the Borrower, has been threatened against the Borrower or any of its Subsidiaries by any Person challenging or questioning the use by the Borrower or any of its Subsidiaries of any intellectual property in a manner that could, individually or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence, nor does the Borrower know of any reason to believe that any such claim would be successful if brought. As of the date hereof, no claim has been asserted or is pending or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries by any Person challenging or questioning the validity or effectiveness of any of the Borrower’s intellectual property in a manner that could, individually or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence. The use of intellectual property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in a manner that could, individually or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence. Schedule 4.12 of the Disclosure Schedules is a complete list of all such intellectual property that is owned by the Borrower or any of its Subsidiaries and constitutes a patent issued by, or a trademark or service mxxx registered with, the United States Patent and Trademark Office (or, in either case, applications therefor) or a copyright issued by the United States Copyright Office (or an application therefor).

Trademarks, Patents. Each of the Borrower Company and each of its Restricted Subsidiaries has licenses to use or otherwise has the right to use, all intellectual property necessary for the conduct of its business as currently conducted, except to the extent that the absence of such property could not individually, or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence. As of the date hereofEffective Date, no claim has been asserted or is pending or, to the knowledge of the BorrowerCompany, has been threatened against the Borrower Company or any of its Restricted Subsidiaries by any Person challenging or questioning the use by the Borrower Company or any of its Restricted Subsidiaries of any intellectual property in a manner that could, individually or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence, nor does the Borrower Company know of any reason to believe that any such claim would be successful if brought. As of the date hereofEffective Date, no claim has been asserted or is pending or, to the knowledge of the BorrowerCompany, threatened against the Borrower Company or any of its Restricted Subsidiaries by any Person challenging or questioning the validity or effectiveness of any of the Borrower’s intellectual property of Company or any of its Restricted Subsidiaries in a manner that could, individually or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence. The use of intellectual property by the Borrower Company and its Restricted Subsidiaries does not infringe on the rights of any Person in a manner that could, individually or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence. Schedule 4.12 As of the Disclosure Schedules Amendment No. 3 Effective Date, Schedule 4.13 is a complete list of all such intellectual property that is owned by the Borrower Company or any of its Restricted Subsidiaries and constitutes a patent issued by, or a trademark or service mxxx xxxx registered with, the United States Patent and Trademark Office (or, in either case, applications therefor) or a copyright issued by the United States Copyright Office (or an application therefor).

Trademarks, Patents. Each of the Borrower Company and each of its Restricted Subsidiaries has licenses to use or otherwise has the right to use, all intellectual property necessary for the conduct of its business as currently conducted, except to the extent that the absence of such property could not individually, or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence. As of the date hereofEffective Date, no claim has been asserted or is pending or, to the knowledge of the BorrowerCompany, has been threatened against the Borrower Company or any of its Restricted Subsidiaries by any Person challenging or questioning the use by the Borrower Company or any of its Restricted Subsidiaries of any intellectual property in a manner that could, individually or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence, nor does the Borrower Company know of any reason to believe that any such claim would be successful if brought. As of the date hereofEffective Date, no claim has been asserted or is pending or, to the knowledge of the BorrowerCompany, threatened against the Borrower Company or any of its Restricted Subsidiaries by any Person challenging or questioning the validity or effectiveness of any of the Borrower’s intellectual property of Company or any of its Restricted Subsidiaries in a manner that could, individually or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence. The use of intellectual property by the Borrower Company and its Restricted Subsidiaries does not infringe on the rights of any Person in a manner that could, individually or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence. Schedule 4.12 of the Disclosure Schedules 4.13 is a complete list of all such intellectual property that is owned by the Borrower Company or any of its Restricted Subsidiaries and constitutes a patent issued by, or a trademark or service mxxx xxxx registered with, the United States Patent and Trademark Office (or, in either case, applications therefor) or a copyright issued by the United States Copyright Office (or an application therefor).

Trademarks, Patents. Each of the Borrower Company and each of its Restricted Subsidiaries has licenses to use or otherwise has the right to use, all intellectual property necessary for the conduct of its business as currently conducted, except to the extent that the absence of such property could not individually, or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence. As of the date hereofEffective Date, no claim has been asserted or is pending or, to the knowledge of the BorrowerCompany, has been threatened against the Borrower Company or any of its Restricted Subsidiaries by any Person challenging or questioning the use by the Borrower Company or any of its Restricted Subsidiaries of any intellectual property in a manner that could, individually or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence, nor does the Borrower Company know of any reason to believe that any such claim would be successful if brought. As of the date hereofEffective Date, no claim has been asserted or is pending or, to the knowledge of the BorrowerCompany, threatened against the Borrower Company or any of its Restricted Subsidiaries by any Person challenging or questioning the validity or effectiveness of any of the Borrower’s intellectual property of Company or any of its Restricted Subsidiaries in a manner that could, individually or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence. The use of intellectual property by the Borrower Company and its Restricted Subsidiaries does not infringe on the rights of any Person in a manner that could, individually or in the aggregate, reasonably be expected to constitute a Material Adverse Occurrence. Schedule 4.12 As of the Disclosure Schedules Amendment No. 2 Effective Date, Schedule 4.13 is a complete list of all such intellectual property that is owned by the Borrower Company or any of its Restricted Subsidiaries and constitutes a patent issued by, or a trademark or service mxxx xxxx registered with, the United States Patent and Trademark Office (or, in either case, applications therefor) or a copyright issued by the United States Copyright Office (or an application therefor).