ADVERTISING OR PUBLICITY definition

ADVERTISING OR PUBLICITY. Other than as set forth below, neither party ------------------------ shall use the other's name or marks or refer to or identify the other party in advertising or publicity releases or promotional or marketing correspondence to others without first securing the written consent of such other party. Notwithstanding anything herein to the contrary, Licensor may use Amexco's name to identify Amexco as a customer of Licensor in materials to be provided to investors and potential investors in Licensor, and may disclose this Agreement, related Schedules, and the terms herein in the event the Licensor undertakes to file a registration statement under the Securities Act of 1933, as amended, or as may otherwise be required under securities laws; provided, however, that Licensor shall use its best efforts to preclude disclosure of the terms of this Agreement in accordance with the rules and regulations of the Securities and Exchange commission by means of an application for confidential treatment and Licensor shall consult with Amexco prior to any such submission and take into account Amexco's view with regard thereto. In addition, Licensor will consult with Amexco prior to disclosure of its relationship with Amexco in a form S-1 or any successor SEC filing thereto with respect to the portion of the S-1 or successor SEC filing related to the relationship between Amexco and Licensor. ASSIGNMENT: Neither party may assign this Agreement, any Schedule and/or ---------- any rights and/or obligations hereunder without the written consent of the other party and any such attempted assignment shall be void; provided, however, that Amexco may assign this Agreement, any Schedule and/or any of its rights and/or obligations hereunder to any Amexco Entity upon written notice to Licensor without the consent of Licensor and provided further that (a) Licensor may utilize Technology Providers, Inc. as a subcontractor to perform its technical duties and obligations under this Agreement provided that Licensor remains primarily liable for any failure of such subcontractor to perform in accordance with the terms of this Agreement; (b) either party may make an assignment of this Agreement pursuant to (x) a merger, (y) a sale of greater than [**] percent ([**]%) of its assets; or (z) a sale of greater than [**]% of its outstanding stock and (c) either party (in the case of Amexco to an Amexco Entity only) may make an assignment to an affiliate or subsidiary, provided that the assigning par...

Examples of ADVERTISING OR PUBLICITY in a sentence

  • ADVERTISING OR PUBLICITY: Neither party shall use the name or marks, refer to or identify the other party in advertising or publicity releases, promotional or marketing correspondence to others without first securing the written consent of such other party.

  • ANY REFERENCE TO BUYER OR ANY OF ITS ASSOCIATED COMPANIES OR USE OF BUYER'S TRADEMARKS OR LOGOS BY SELLER IN SELLER'S ADVERTISING OR PUBLICITY MATERIALS WILL COMPLY WITH PUBLICITY AND ADVERTISING GUIDELINES WHICH ARE AVAILABLE FROM THE CORPORATE ADVERTISING DEPARTMENT." ROUTINE FOR CIRCULATION (TO ALL BUYERS) All publicity/advertising materials submitted to the media by suppliers must conform to Publicity/Advertising Guidelines previously circulated to suppliers as part of the Terms and Conditions.