Common use of Patents, Trademarks, Copyrights and Licenses Clause in Contracts

Patents, Trademarks, Copyrights and Licenses. There are no patents, patent applications or patent licenses owned by the Loan Parties. All trademarks, trademark applications, service marks, service xxxx applications, copyrights, copyright applications, design rights, trade names and assumed names owned or utilized by any Loan Party or any of their Subsidiaries are set forth on Schedule 5.09 (as such schedule may from time to time be updated by Borrower providing written notice to Agent of any newly acquired Intellectual Property rights, so long as Loan Parties have taken (or caused to be taken) all steps required by Agent to perfect its Lien therein), are valid and have been duly registered or filed with all appropriate Governmental Body and constitute all of the Intellectual Property rights which are necessary for the operation of its business; there is no objection to or pending challenge to the validity of any such material trademark, copyright, design right or trade name and no Loan Party nor any Subsidiary of any Loan Party is aware of any grounds for any challenge. The only trade secrets owned by the Loan Parties relate to its proprietary customer information. Each trademark, trademark application, service xxxx, service xxxx application, copyright and copyright application owned or held by any Loan Party or any such Subsidiary and all trade secrets used by any Loan Party or any such Subsidiary consist of original material or property developed by such Loan Party or such Subsidiary or was lawfully acquired by such Loan Party or such Subsidiary from the proper and lawful owner thereof. Each of such items has been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all software used by any Loan Party, none of such software is subject to any license agreements, other than in the case of “off the shelf” software utilized by Loan Parties.

Patents, Trademarks, Copyrights and Licenses. There are no patents, All patents and patent applications or patent licenses owned by registered with the Loan Parties. All trademarksUnited States Patent and Trademark Office, trademarks and trademark applicationsapplications registered with the United States Patent and Trademark Office, service marks, service xxxx applications, copyrights, copyrights and copyright applications, design rights, trade names and assumed names owned or utilized by any Loan Party or any of their Subsidiaries applications registered with the United States Copyright Office are set forth on Schedule 5.09 (as such schedule may from time to time be updated by Borrower providing written notice to Agent of any newly acquired Intellectual Property rights, so long as Loan Parties have taken (or caused to be taken) all steps required by Agent to perfect its Lien therein)5.9, are valid and have been duly registered or filed with all appropriate Governmental Body Bodies and constitute all of the Intellectual Property intellectual property rights which that are necessary for the operation of its business; the business of the Credit Parties, to the knowledge of the Credit Parties, there is no objection to or pending challenge to the validity of any such material patent, trademark, or copyright, design right or trade name and no Loan Party nor any Subsidiary of any Loan Credit Party is aware of any grounds for any such challenge. The only trade secrets owned by the Loan Parties relate to its proprietary customer information, except as set forth in Schedule 5.9. Each patent, patent application, patent license, trademark, trademark application, trademark license, service xxxx, service xxxx application, service xxxx license, design rights, copyright, copyright application and copyright application license that is necessary to the conduct of the business of the Credit Parties and their Subsidiaries and owned or held by any Loan Credit Party or any such Subsidiary and all trade secrets used by any Loan Credit Party or any such Subsidiary consist of original material or property developed by such Loan Party or such Subsidiary or Credit Party, was lawfully acquired by such Loan Credit Party or such Subsidiary from the proper and lawful owner thereof. Each of such items has been maintained so as to preserve thereof or is otherwise lawfully licensed or used by the value thereof from the date of creation or acquisition thereofCredit Parties. With respect to all software used by any Loan Party, none of such software is subject to any license agreements, Credit Party (other than commercially available off-the-shelf software), such Credit Party is in possession of all source and object codes related to each piece of software or is the case beneficiary of “off the shelf” software utilized by Loan Partiesa source code escrow agreement, each such source code escrow agreement being listed on Schedule 5.9.

Patents, Trademarks, Copyrights and Licenses. There are no All patents, patent applications or patent licenses owned by the Loan Parties. All applications, trademarks, trademark applications, service marks, service xxxx mark applications, copyrights, copyright applications, design rights, tradenames, assumed names, trade names secrets and assumed names licenses owned or utilized by any Loan Party or any of their Subsidiaries are set forth on Schedule 5.09 5.10 (as such schedule Schedule may be updated from time to time be updated by Borrower providing written notice to Agent of any newly acquired Intellectual Property rights, so long as Loan Parties have taken (or caused to be taken) all steps required by Agent to perfect its Lien thereintime), are valid and have been duly registered or filed with all appropriate Governmental Body Bodies and constitute all of the Intellectual Property rights patents, trademarks, service marks, copyrights, design rights, tradenames, assumed names, trade secrets and licenses which are necessary for the operation of its business; there is no objection to or pending challenge to the validity of any such material patent, trademark, copyright, design right right, tradename, trade secret or trade name license and no Loan Party nor any Subsidiary of any Loan Party is aware of any grounds for any challenge. The only trade secrets owned by the Loan Parties relate to its proprietary customer information, except as set forth in Schedule 5.10. Each patent, patent application, patent license, trademark, trademark application, service xxxxtrademark license, service xxxx mark, service mark application, service mark license, design right, copyright, copyright application and copyright application license owned or held by any Loan Party or any such Subsidiary and all trade secrets used by any Loan Party or any such Subsidiary consist consists of original material or property developed by such Loan Party or such Subsidiary or was lawfully acquired by such Loan Party or such Subsidiary from the proper and lawful owner thereof. Each of such items has been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all customized software used licensed by any Loan Party, none such Loan Party is in possession of all source and object codes related to each piece of software or is the beneficiary of a source code escrow agreement, each such software is subject to any license agreements, other than in the case of “off the shelf” software utilized by Loan Partiessource code escrow agreement being listed on Schedule 5.10.

Patents, Trademarks, Copyrights and Licenses. There are no All patents, patent applications or patent licenses owned by the Loan Parties. All applications, trademarks, trademark applications, service marks, service xxxx applications, copyrights, copyright applications, design rights, tradenames, assumed names, trade names secrets and assumed names licenses owned or utilized by any Loan Party or any of their Subsidiaries are set forth on Schedule 5.09 (as such schedule may from time to time be updated by Borrower providing written notice to Agent of any newly acquired Intellectual Property rights, so long as Loan Parties have taken (or caused to be taken) all steps required by Agent to perfect its Lien therein)5.9, are valid and have been duly registered or filed with all appropriate Governmental Body Bodies and constitute all of the Intellectual Property intellectual property rights which are necessary for the operation of its business; there is no objection to or pending challenge to the validity of any such material patent, trademark, copyright, design right rights, tradename, trade secret or trade name license and no Loan Party nor any Subsidiary of any Loan Party is aware of any grounds for any challenge. The only trade secrets owned by the Loan Parties relate to its proprietary customer information, except as set forth in Schedule 5.9 hereto. Each patent, patent application, patent license, trademark, trademark application, trademark license, service xxxx, service xxxx application, service xxxx license, design rights, copyright, copyright application and copyright application license owned or held by any Loan Party or any such Subsidiary and all trade secrets used by any Loan Party or any such Subsidiary consist of original material or property developed by such Loan Party or such Subsidiary or was lawfully acquired by such Loan Party or such Subsidiary from the proper and lawful owner thereof. Each of such items has been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all software used by any Loan Party, none of such software is subject to any license agreements, Party (other than in the case of “off the off-the-shelf” or public software), such Loan Party is in possession of all source and object codes related to each piece of software utilized by Loan Partiesor is the beneficiary of a source code escrow agreement, each such source code escrow agreement being listed on Schedule 5.9 hereto.

Patents, Trademarks, Copyrights and Licenses. There are no All patents, patent applications or patent licenses owned by the Loan Parties. All applications, trademarks, trademark applications, service marks, service xxxx applications, copyrights, copyright applications, design rights, tradenames, assumed names, trade names secrets and assumed names licenses owned or utilized by any Loan Party or any of their Subsidiaries are set forth on Schedule 5.09 5.10 (as such schedule Schedule may be updated from time to time be updated by Borrower providing written notice to Agent of any newly acquired Intellectual Property rights, so long as Loan Parties have taken (or caused to be taken) all steps required by Agent to perfect its Lien thereintime), are valid and have been duly registered or filed with all appropriate Governmental Body Bodies and constitute all of the Intellectual Property rights patents, trademarks, service marks, copyrights, design rights, tradenames, assumed names, trade secrets and licenses which are necessary for the operation of its business; there is no objection to or pending challenge to the validity of any such material patent, trademark, copyright, design right right, tradename, trade secret or trade name license and no Loan Party nor any Subsidiary of any Loan Party is aware of any grounds for any challenge. The only trade secrets owned by the Loan Parties relate to its proprietary customer information, except as set forth in Schedule 5.10. Each patent, patent application, patent license, trademark, trademark application, trademark license, service xxxx, service xxxx application, service xxxx license, design right, copyright, copyright application and copyright application license owned or held by any Loan Party or any such Subsidiary and all trade secrets used by any Loan Party or any such Subsidiary consist consists of original material or property developed by such Loan Party or such Subsidiary or was lawfully acquired by such Loan Party or such Subsidiary from the proper and lawful owner thereof. Each of such items has been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all customized software used licensed by any Loan Party, none such Loan Party is in possession of all source and object codes related to each piece of software or is the beneficiary of a source code escrow agreement, each such software is subject to any license agreements, other than in the case of “off the shelf” software utilized by Loan Partiessource code escrow agreement being listed on Schedule 5.10.

Patents, Trademarks, Copyrights and Licenses. There are no All patents, patent applications or patent licenses owned by the Loan Parties. All applications, trademarks, trademark applications, service marks, service xxxx mxxx applications, copyrights, copyright applications, design rights, tradenames, assumed names, domain names, trade names secrets and assumed names licenses owned or utilized by any Loan each Credit Party or any of their Subsidiaries are set forth on Schedule 5.09 (as such schedule may from time to time be updated by Borrower providing written notice to Agent of any newly acquired Intellectual Property rights, so long as Loan Parties have taken (or caused to be taken) all steps required by Agent to perfect its Lien therein)5.9, are valid and have been duly registered or filed with all appropriate Governmental Body governmental authorities and constitute all of the Intellectual Property intellectual property rights which that are necessary for the operation of its business; there is no objection to or pending challenge to the validity of any such material patent, trademark, copyright, design right rights, tradename, trade secret or trade name license and no Loan Party nor any Subsidiary of any Loan Party Borrower is not aware of any grounds for any challenge. The only trade secrets owned by the Loan Parties relate to its proprietary customer information, except as set forth in Schedule 5.9. Each patent, patent application, patent license, trademark, trademark application, service xxxxtrademark license, service xxxx mxxx, service mxxx application, service mxxx license, design rights, copyright, copyright application and copyright application license owned or held by any Loan each Credit Party or any such Subsidiary and all trade secrets used by any Loan each Credit Party or any such Subsidiary consist of original material or property Property developed by such Loan Credit Party or such Subsidiary or was lawfully acquired by such Loan Credit Party or such Subsidiary from the proper and lawful owner thereof. Each of such items has been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all software used by any Loan Credit Party, none such Credit Party is in possession of all source and object codes related to each piece of software or is the beneficiary of a source code escrow agreement, each such software is subject to any license agreements, other than in the case of “off the shelf” software utilized by Loan Partiessource code escrow agreement being listed on Schedule 5.9.