FIRST AMENDMENT TO TRADEMARK LICENSE AGREEMENT BETWEEN REVEL GROUP, LLC AS LICENSOR AND REVEL ENTERTAINMENT GROUP, LLC AS LICENSEE
Exhibit 10.26
FIRST AMENDMENT TO TRADEMARK LICENSE AGREEMENT BETWEEN
REVEL GROUP, LLC AS LICENSOR AND REVEL ENTERTAINMENT
GROUP, LLC AS LICENSEE
This FIRST AMENDMENT TO TRADEMARK LICENSE AGREEMENT; dated as of July 24, 2012, is by and between Revel Group, LLC, a Delaware limited liability company, and Revel Entertainment Group, LLC, a New Jersey limited liability company.
RECITAL
WHEREAS, the Trademark License Agreement dated February 17, 2011 by and between Revel Group, LLC as Licensor and Revel Entertainment Group, LLC as Licensee (hereinafter referenced as “the License Agreement”) specifically allows for the supplementation, modification, and amendment from time to time of the schedule of trademarks, service marks, domain names, and trade names in Schedule A to the License Agreement,
NOW, THEREFORE, in consideration of the mutual covenants and undertakings contained herein, and subject to and on the terms and conditions set forth, the parties agree as follows:
AMENDMENT
The parties hereby agree that Schedule A to the License Agreement is deleted in its entirety and replaced with the attached First Amended Schedule A.
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to License Agreement as of the day and year first above written.
Revel Group, LLC
| By: | /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ | |
| Name: | ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ | |
| Title: | Manager CEO | |
| Dated: | 7-24-12 |
Revel Entertainment Group, LLC
| By: | /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ | |
| Name: | ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ | |
| Title: | SVP + CFO | |
| Dated: | 7-24-12 |
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FIRST AMENDED SCHEDULE A
Licensed Marks and Domain Names
Domain Names
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Trademarks
| Appl. No |
▇▇▇▇ |
Classes with Goods/Services | ||||||
| 85/023407 | REVEL | 36 - Charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation | ||||||
| 85/374954 | REVEL | 018 - Handbags, purses, and wallets 021 - Cups and mugs 024 - Beach towels and bath towels 025 - Clothing, namely, jackets, jerseys, t-shirts, shirts, shorts, ties, tops, dresses, skirts, blouses, sweatshirts, baseball caps, and hats | ||||||
| 85/976966 | REVEL | 41 - Casino services, namely, gambling and betting services 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness of the body and spirit offered at a health resort | ||||||
| 85/023413 | REVEL ENTERTAINMENT | 36 - Charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation 41 - Casino services, namely, gambling and betting services 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness of the body and spirit offered at a health resort | ||||||
| 85/023418 | DETOX BY DAY/RETOX BY NIGHT | 36 - Charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation 41 - Casino, amusement park, nightclub, and entertainment services, namely, live performances featuring musicians, music and singers, pre-recorded music and video, dancers, magicians, actors, acrobats and comedians; casino services 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness of the body and spirit offered at a health resort | ||||||
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FIRST AMENDED SCHEDULE A
| Appl. No |
▇▇▇▇ |
Classes with Goods/Services | ||||||
| 85/326420 | FUN WORTH HAVING | 36 - Charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation 41 - Casino services, namely, gambling and betting services 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness of the body and spirit offered at a health resort | ||||||
| 85/326492 | FUN DONE DIFFERENTLY | 36 - Charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation 41 - Casino services, namely, gambling and betting services 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness of the body and spirit offered at a health resort | ||||||
| 85/325369 |
|
36 - Charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation | ||||||
| 85/977025 |
|
41 - Casino services, namely, gambling and betting services 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness of the body and spirit offered at a health resort | ||||||
| 85/383299 |
|
18 - handbags, purses, and wallets 21 - cups and mugs 24 - beach towels and bath towels 25 - clothing, namely, jackets, jerseys, t-shirts, shirts, shorts, ties, tops, dresses, skirts, blouses, sweatshirts, baseball caps, and hats 36 - charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation 41 - Casino services, namely, gambling and betting services 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness of the body and spirit offered at a health resort | ||||||
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FIRST AMENDED SCHEDULE A
| Appl. No |
▇▇▇▇ |
Classes with Goods/Services | ||||||
| 85/383378 |
|
18 - handbags, purses, and wallets 21 - cups and mugs 24 - beach towels and bath towels 25 - clothing, namely, jackets, jerseys, t-shirts, shirts, shorts, ties, tops, dresses, skirts, blouses, sweatshirts, baseball caps, and hats 36 - charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation 41 - Casino services, namely, gambling and betting services 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness of the body and spirit offered at a health resort | ||||||
| 85/383439 |
|
18 - handbags, purses, and wallets 21 - cups and mugs 24 - beach towels and bath towels 25 - clothing, namely, jackets, jerseys, t-shirts, shirts, shorts, ties, tops, dresses, skirts, blouses, sweatshirts, baseball caps, and hats 36 - charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation 41 - Casino services, namely, gambling and betting services 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness of the body and spirit offered at a health resort | ||||||
| 85/383715 |
|
18 - handbags, purses, and wallets 21 - cups and mugs 24 - beach towels and bath towels 25 - clothing, namely, jackets, jerseys, t-shirts, shirts, shorts, ties, tops, dresses, skirts, blouses, sweatshirts, baseball caps, and hats 36 - charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation 41 - Casino services, namely, gambling and betting services 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness of the body and spirit offered at a health resort | ||||||
| 85/444890 | REVEL ULTRA LOUNGE | 043 - Restaurant services; bar services; cocktail lounge services | ||||||
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FIRST AMENDED SCHEDULE A
| Appl. No |
▇▇▇▇ |
Classes with Goods/Services | ||||||
| 85/470719 | REVEL ON A DIFFERENT LEVEL | 18 - handbags, purses, and wallets 21 - cups and mugs 24 - beach towels and bath towels 25 - clothing, namely, jackets, jerseys, t-shirts, shirts, shorts, ties, tops, dresses, skirts, blouses, sweatshirts, baseball caps, and hats 36 - charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation 41 - Casino services, namely, gambling and betting services 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness vof the body and spirit offered at a health resort | ||||||
| 85/470755 | REVEL BEACH | 018 - Handbags, purses, and wallets 021 - Cups, mugs, and beverage glassware 024 - Beach towels and bath towels 025 - Clothing, namely, jackets, jerseys, t-shirts, shirts, shorts, ties, tops, dresses, skirts, blouses, sweatshirts, baseball caps, and hats | ||||||
| 85/559100 | ELEVATIONISM | 18 - handbags, purses, and wallets 21 - cups and mugs 24 - beach towels and bath towels 25 - clothing, namely, jackets, jerseys, t-shirts, shirts, shorts, ties, tops, dresses, skirts, blouses, sweatshirts, baseball caps, and hats 36 - charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation 41 - Casino services, namely, gambling and betting services 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness of the body and spirit offered at a health resort | ||||||
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FIRST AMENDED SCHEDULE A
| Appl. No |
▇▇▇▇ |
Classes with Goods/Services | ||||||
| 85/559109 | REVELRY | 18 - handbags, purses, and wallets 21 - cups and mugs 24 - beach towels and bath towels 25 - clothing, namely, jackets, jerseys, t-shirts, shirts, shorts, ties, tops, dresses, skirts, blouses, sweatshirts, baseball caps, and hats 36 - charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation 41 - Casino services, namely, gambling and betting services 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness of the body and spirit offered at a health resort | ||||||
| 85/559124 | ELEVATIONIST | 18 - Handbags, purses, and wallets 21 - Cups and mugs 24 - Beach towels and bath towels 25 - Clothing, namely, jackets, jerseys, t-shirts, shirts, shorts, ties, tops, dresses, skirts, blouses, sweatshirts, baseball caps, and hats 36 - Charitable fundraising 39 - Travel agency services, namely, making reservations and booking for transportation 41 - Casino services, namely, gambling and betting services; nightclub services; live performances featuring comedians, music, professional fighting, and sports 43 - Resort hotel services; restaurant services; bar services; cocktail lounge services; providing convention facilities; travel agency services, namely, making reservations and booking for temporary lodging 44 - Beauty salon services; health spa services, namely, cosmetic body care services; health spa services for health and wellness of the body and spirit offered at a health resort | ||||||
| 85/578754 | BASK | 3 - Cleansing creams for cosmetic purposes; cosmetic massage creams; cosmetic milks; cosmetic hand creams; cosmetic nourishing creams; cosmetic oils; cosmetic preparations for body care and skin care; cosmetic soaps; cosmetic suntan preparations 5 - Liquid nutritional supplements; nutritional supplements formed and packaged as bars; nutritional supplements; nutritional supplements in the nature of a nutrient-dense, protein-based drink mix; nutritional supplements for eliminating toxins from the body; nutritional supplement shakes; nutritional supplement energy bars 25 - Clothing items for wear in the practice of yoga, namely, tops and pants 36 - Real estate services, namely, leasing and management for others of residential condominiums and homes located within hotel developments; vacation real estate timeshare services 43 - Spa services, namely, providing temporary accommodations and meals to clients of a health or beauty spa; hotel services 44 - Beauty spa services, namely, cosmetic body care, massage, facial and body treatment services; health spa services for health and wellness of the body and spirit offered at a health resort; beauty salon services; nail care services; tanning salons | ||||||
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FIRST AMENDED SCHEDULE A
| Appl. No |
▇▇▇▇ |
Classes with Goods/Services | ||||||
| 85/647376 |
|
44 - Beauty spa services, namely, cosmetic body care, massage, facial and body treatment services; health spa services for health and wellness of the body and spirit offered at a health resort; beauty salon services; nail care services; tanning salons | ||||||
| 85/647419 |
|
3 - Cleansing creams for cosmetic purposes; cosmetic massage creams; cosmetic milks; cosmetic hand creams; cosmetic nourishing creams; cosmetic oils; cosmetic preparations for body care and skin care; cosmetic soaps; cosmetic suntan preparations 5 - Liquid nutritional supplements; nutritional supplements formed and packaged as bars; nutritional supplements; nutritional supplements in the nature of a nutrient-dense, protein-based drink mix; nutritional supplements for eliminating toxins from the body; nutritional supplement shakes; nutritional supplement energy bars 25 - Clothing items for wear in the practice of yoga, namely, tops and pants 36 - Real estate services, namely, leasing and management for others of residential condominiums and homes located within hotel developments; vacation real estate timeshare services 43 - Spa services, namely, providing temporary accommodations and meals to clients of a health or beauty spa; hotel services | ||||||
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