Discount Direct definition

Discount Direct in the United States. "After the Stork" is a valid and subsisting trademark in the United States and is registered with the U.S. Patent and Trademark Office under U.S. Registration No. 1,435,045, which registration is in full force and effect. "Little Feet", "Sunskins" and "Discount Direct" are valid and subsisting trademarks in the United States and applications for registration therefor with the U.S. Patent and Trademark Office are pending. To the Company's knowledge, no Right including, without limitation, the trademarks "Little Feet", "Sunskins" and "Discount Direct", or product, process, method, substance or other material presently sold by or employed by the Company, or which the Company contemplates selling or employing, infringes upon the Rights that are owned by others. No litigation is pending and no claim has been made against the Company or, to the Company's knowledge, is threatened, contesting the right of the Company to sell or use any Right or product, process, method, substance or other material presently sold by or employed by the Company. The Company is not currently asserting any claim of infringement, misappropriation or misuse by any Person of any Rights owned by the Company or to which it has exclusive use. No employee, officer or consultant of the Company has any proprietary, financial or other interest in any Rights owned or used by the Company in its business, except for the Fulcrum Brands Trademark License Agreement. Except as set forth on Schedule 5.24, to the Company's knowledge, the Company does not have any obligation to compensate any Person for the use of any Rights and the Company has not granted any license or other right to use any of the Rights of the Company, whether requiring the payment of royalties or not. The Company has taken all reasonable measures to protect and preserve the security, confidentiality and value of its Rights, including trade secrets and other confidential information except where the failure to so protect and preserve could not reasonably be expected to have a Material Adverse Effect. To the Company's knowledge, all trade secrets and other confidential information of the Company are presently valued and predictable and are not part of the public domain or knowledge, nor have they been used, divulged or appropriated for the benefit of any Person other than the Company or otherwise to the detriment of the Company. To the Company's knowledge, no employee or consultant of the Company has used any trad...
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Discount Direct in the United States. "After the Stork" is a valid and subsisting trademark in the United States and is registered with the U.S. Patent and Trademark Office under U.S. Registration No. 1,435,045, which registration is in full force and effect. "Little Feet", "Sunskins" and "Discount Direct" are valid and subsisting trademarks in the United States and applications for registration therefor with the U.S. Patent and Trademark Office are pending. To the Borrower's knowledge, no Right including, without limitation, the trademarks "Little Feet", "Sunskins" and "Discount Direct", or product, process, method, substance or other material presently sold by or employed by the Borrower, or which the Borrower contemplates selling or employing, infringes upon the Rights are owned by others. No litigation is pending and no claim has been made against the Borrower or, to the Borrower's knowledge, is threatened, contesting the right of the Borrower to sell or use any Right or product, process, method, substance or other material presently sold by or employed by the Borrower. The Borrower is not currently asserting any claim of infringement, misappropriation or misuse by any Person of any Rights owned by the
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Examples of Discount Direct in a sentence

  • Acquiror agrees to assist the Company in its liquidation efforts before and after the Closing (but not later then July 1, 1997), to the extent such efforts are not in the reasonable judgment of Acquiror going to have a negative impact on Acquiror, by (i) allowing the Company to feature Playclothes inventory in Acquiror's Discount Direct catalog, (ii) allowing the Company to mail sale offers to the After the Stork mailing list, and (iii) including sale materials in After the Stork outbound packages.

  • To the Company's knowledge, no Right including, without limitation, the trademarks "Playclothes", "Little Feet", "Sunskins" and "Discount Direct", or product, process, method, substance or other material presently sold by or employed by the Company, or which the Company contemplates selling or employing, infringes upon the Rights that are owned by others.

  • The Company is the exclusive licensee of the trademarks "After the Stork", "Little Feet", "Sunskins" and "Discount Direct" under the Fulcrum Brands Trademark License Agreement, which agreement is in full force and effect.

  • Fulcrum Brands L.P. is the owner of the trademarks "After the Stork","Little Feet", Sunskins" and "Discount Direct" in the United States.

  • Fulcrum Brands L.P. is the owner of the trademarks "After the Stork", "Little Feet", Sunskins" and "Discount Direct" in the United States.

  • To the Company's knowledge, no Right including, without limitation, the trademarks "Little Feet", "Sunskins" and "Discount Direct", or product, process, method, substance or other material presently sold by or employed by the Company, or which the Company contemplates selling or employing, infringes upon the Rights that are owned by others.

  • The Company is the exclusive licensee of the trademarks "After the Stork","Little Feet", "Sunskins" and "Discount Direct" under the Fulcrum Brands Trademark License Agreement, which agreement is in full force and effect.

Related to Discount Direct

  • Discount Option Receivables shall have the meaning specified in Section 2.12. The aggregate amount of Discount Option Receivables outstanding on any Date of Processing occurring on or after the Discount Option Date shall equal the sum of (a) the aggregate Discount Option Receivables at the end of the prior Date of Processing (which amount, prior to the Discount Option Date, shall be zero) plus (b) any new Discount Option Receivables created on such Date of Processing minus (c) any Discount Option Receivable Collections received on such Date of Processing. Discount Option Receivables created on any Date of Processing shall mean the product of the amount of any Principal Receivables created on such Date of Processing (without giving effect to the proviso in the definition of Principal Receivables) and the Discount Percentage.

  • Discount Loan The Loans having Pass-Through Rates of less than 6.75%.

  • Discount Factor means the percentage discount applied to additional APCs when more than one APC is provided during the same visit (including the same APC provided more than once). Not all APCs are subject to a discount factor.

  • Discount Rate means the rate used by the Plan Administrator for determining the Accrual Balance. The initial Discount Rate is six percent (6%). However, the Plan Administrator, in its discretion, may adjust the Discount Rate to maintain the rate within reasonable standards according to GAAP and/or applicable bank regulatory guidance.

  • Specified Discount Proration has the meaning set forth in Section 2.05(a)(v)(B)(3).