Common use of Intellectual Property Clause in Contracts

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 54 contracts

Samples: Credit Agreement (Nv Energy, Inc.), Guarantee and Collateral Agreement (Rent a Center Inc De), Credit Agreement (Nv Energy, Inc.)

Intellectual Property. The Borrower owns and each of its Subsidiaries owns, possesses or is licensed has a license or other right to use, use all Intellectual Property Property, as are necessary for the conduct of its business as currently conducted. No the businesses of the Borrower, without any infringement upon rights of others which could reasonably be expected to have a Material Adverse Effect upon the Borrower, and no material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, Property nor does the Borrower know of any valid basis for any such claim . The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect .

Appears in 18 contracts

Samples: Loan and Security Agreement (Primoris Services CORP), Revolving Credit and Security Agreement (REX AMERICAN RESOURCES Corp), Loan and Security Agreement (Atlas Financial Holdings, Inc.)

Intellectual Property. The Borrower and each of its Subsidiaries owns, owns or is licensed to use, use all Intellectual Property necessary for the to conduct of all business material to its condition (financial or otherwise), business, or operations as such business as is currently conducted. No material claim has been asserted and or is pending by any Person challenging or questioning with the respect to the use of any such Intellectual Property or challenging or questioning the validity or effectiveness of any such Intellectual Property , nor does ; and the Borrower know knows of any no valid basis for any such claim. The use of such Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person Person, except for such claims and infringements as do not, in the aggregate, give rise to any material respect liability on the part of the Borrower.

Appears in 14 contracts

Samples: Credit Agreement (Primeenergy Corp), Credit Agreement (Rocky Mountain Energy Corp), Credit Agreement (Exploration Co of Delaware Inc)

Intellectual Property. The To the knowledge of the Borrower, the Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary and material for the conduct of its business as currently conducted. No To the knowledge of the Borrower, except as indicated on Schedule 3.9, no material claim has been asserted and is pending by any Person challenging or questioning alleging that the use of any Intellectual Property or by the validity or effectiveness Borrower and its Subsidiaries infringes on the intellectual property rights of any Intellectual Property, Person in any material respect nor does the Borrower know of any valid basis for any such claim . The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect .

Appears in 12 contracts

Samples: Revolving Credit Agreement (B&g Foods Holdings Corp), Credit Agreement (B&G Foods, Inc.), Credit Agreement (B&G Foods, Inc.)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 12 contracts

Samples: Credit Agreement (Chesapeake Midstream Partners, L.P.), Credit Agreement (Chesapeake Midstream Partners Lp), Credit Agreement (Newpark Resources Inc)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Holdings or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 10 contracts

Samples: And Collateral Agreement (Medical Properties Trust Inc), Credit Agreement (NGAS Resources Inc), Term Loan Agreement (Medical Properties Trust Inc)

Intellectual Property. The Borrower Company and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted conducted without conflict in any material respect with the rights of any other Person. No Except as set forth on Schedule 3.09, no material claim has been asserted and or is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the any Borrower know of any valid basis for any such claim. The Except as set forth on Schedule 3.09, the use of Intellectual Property by the Borrower Company and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 9 contracts

Samples: Credit Agreement (LKQ Corp), Credit Agreement (LKQ Corp), Assignment and Assumption (LKQ Corp)

Intellectual Property. The Except as set forth on Schedule 4.9, (a) the Parent Borrower and each of its Subsidiaries owns, or is licensed to use or otherwise possess a legally enforceable right to use, all Intellectual Property necessary for the conduct of its business as currently conducted . No ; (b) no material claim has been asserted and is pending by any Person challenging or questioning the use of any material constituent of the Intellectual Property or the validity or effectiveness of any material constituent of the Intellectual Property, nor does the Parent Borrower know of any valid basis for any such claim . The ; and (c) to the Parent Borrower’s knowledge, the use of Intellectual Property by the Parent Borrower and its Subsidiaries does not infringe on the valid rights of any Person in any material respect.

Appears in 8 contracts

Samples: Credit Agreement (Conmed Corp), Credit Agreement (Conmed Corp), Credit Agreement (Conmed Corp)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim claim in each case, that could reasonably be expected to result in a Material Adverse Effect. The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in such Intellectual Property in any material respect.

Appears in 8 contracts

Samples: Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy Partners LP)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, use or possesses the right to use all material Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted in writing and is pending by any Person challenging or questioning the use of any Intellectual Property owned by any Group Member or the validity or effectiveness of any such Intellectual Property, nor does any Responsible Officer of the Borrower know of any valid basis for any such claim. The use conduct of Intellectual Property the business by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 8 contracts

Samples: Credit Agreement (WEB.COM Group, Inc.), First Lien Credit Agreement (WEB.COM Group, Inc.), Intercreditor Agreement (WEB.COM Group, Inc.)

Intellectual Property. The Borrower and each Each of its Subsidiaries the Group Members owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the REIT or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries Group Members does not infringe on the rights of any Person in any material respect.

Appears in 6 contracts

Samples: Credit Agreement (Hudson Pacific Properties, Inc.), Credit Agreement (Hudson Pacific Properties, Inc.), Credit Agreement (Chatham Lodging Trust)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted , free and clear of all Liens, except as permitted by Section 7.3, and the use thereof and the conduct of each of the Group Members does not infringe in any material respect upon the rights of any Person. No material claim has been asserted and or is pending by any Person challenging or questioning the use of any material Intellectual Property or the validity or effectiveness of any material Intellectual Property, nor does the Borrower know of any valid basis for any such material claim . The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect .

Appears in 6 contracts

Samples: Credit Agreement (TTM Technologies Inc), Abl Credit Agreement (TTM Technologies Inc), Term Loan Credit Agreement (TTM Technologies Inc)

Intellectual Property. The Borrower and each of its Subsidiaries Each Loan Party owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person against any Loan Party challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property Property of any Loan Party, nor does the Borrower know of any valid basis for any such claim. The To the knowledge of the Borrower, no use by each Loan Party of any of its material Intellectual Property by the Borrower and its Subsidiaries does not infringe infringes on the rights of any Person in any material respect.

Appears in 6 contracts

Samples: Credit and Guarantee Agreement (Lear Corp), Credit Agreement (Lear Corp), Credit Agreement (Lear Corp)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No To the best knowledge of each Group Member, no material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower or the Parent Guarantor know of any valid basis for any such claim. The To the best knowledge of any Loan Party, the use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 6 contracts

Samples: Credit Agreement (Colony Financial, Inc.), Credit Agreement (C-Iii Capital Partners LLC), Credit Agreement (Grubb & Ellis Co)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all material Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 6 contracts

Samples: Credit Agreement (Tenneco Inc), Credit Agreement (Tenneco Inc), Credit Agreement (Tenneco Inc)

Intellectual Property. The Borrower and each of its Subsidiaries (i) Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted . No ; (ii) no material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower either Credit Party know of any valid basis for any such claim. The claim and (iii) the use of Intellectual Property by which is material to the Borrower and its Subsidiaries operation of each Group Member’s business does not infringe on the rights of any Person in any material respect.

Appears in 6 contracts

Samples: Reimbursement Agreement (Agl Resources Inc), Reimbursement Agreement (Agl Resources Inc), Reimbursement Agreement (Agl Resources Inc)

Intellectual Property. The Borrower and each Each of its Subsidiaries the Group Members owns, or is licensed to use, all material Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Parent REIT or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries Group Members does not infringe on the rights of any Person in any material respect.

Appears in 6 contracts

Samples: Credit Agreement (Essential Properties Realty Trust, Inc.), Credit Agreement (Essential Properties Realty Trust, Inc.), Credit Agreement (Essential Properties Realty Trust, Inc.)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the to conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property , nor does the Borrower know of any valid basis for any such claim . The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 5 contracts

Samples: Credit Agreement (Imperial Holly Corp), Credit Agreement (Imperial Holly Corp), Credit Agreement (Imperial Holly Corp)

Intellectual Property. The Borrower and each of its Subsidiaries (i) Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted . No ; (ii) no material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Holdings or the Borrower know of any valid basis for any such claim. The claim and (iii) the use of Intellectual Property by which is material to the Borrower and its Subsidiaries operation of each Group Member’s business does not infringe on the rights of any Person in any material respect.

Appears in 5 contracts

Samples: Credit Agreement (Agl Resources Inc), Term Loan Credit Agreement (Agl Resources Inc), Credit Agreement (Agl Resources Inc)

Intellectual Property. The Holdings, the Borrower and each of its Subsidiaries owns, or is licensed to use, all material Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the use, validity or effectiveness of any material Intellectual Property Property owned or licensed by Holdings, the Borrower or any of its Subsidiaries, nor does Holdings or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by Holdings, the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 5 contracts

Samples: Credit Agreement (Cc v Holdings LLC), Credit Agreement (Charter Communications Holdings Capital Corp), Credit Agreement (Charter Communications Inc /Mo/)

Intellectual Property. The Company, the Borrower and each of its their respective Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Company or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Company, the Borrower and its their respective Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 5 contracts

Samples: Credit Agreement (Chesapeake Energy Corp), Credit Agreement (Chesapeake Energy Corp), Credit Agreement (Chesapeake Energy Corp)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the IPO Company, Holdings or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 4 contracts

Samples: Patent Security Agreement (Virgin Mobile USA, Inc.), Credit Agreement (Virgin Mobile USA, Inc.), Subordinated Credit Agreement (Virgin Mobile USA, Inc.)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The To the best of the Borrower’s knowledge, the use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 4 contracts

Samples: Credit Agreement (Synopsys Inc), Credit Agreement (Synopsys Inc), Credit Agreement (Synopsys Inc)

Intellectual Property. The Except as set forth on Schedule 4.9, the Borrower and each of its Restricted Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted . No , no material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim . The , and the use of Intellectual Property by the Borrower and its Restricted Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 4 contracts

Samples: Credit Agreement (Salton Maxim Housewares Inc), Credit Agreement (Salton Maxim Housewares Inc), Credit Agreement (Salton Inc)

Intellectual Property. The Each of SuperHoldings, Holdings, the Borrower and each of its their respective Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted . Schedule 4.9 sets forth all of the applications for federal registration and federally registered Intellectual Property owned or licensed by each of SuperHoldings, Holdings, the Borrower and each of their respective Subsidiaries on the Closing Date. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the SuperHoldings, Holdings or Borrower know of any valid basis for any such claim. The use of Intellectual Property by SuperHoldings, Holdings, the Borrower and its their respective Subsidiaries does and the conduct of each of their businesses do not infringe on the rights of any Person in any material respect.

Appears in 4 contracts

Samples: Credit Agreement (NBC Acquisition Corp), Credit Agreement (Nebraska Book Co), Credit Agreement (NBC Acquisition Corp)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property reasonably necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Holdings or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 4 contracts

Samples: Revolving Loan Agreement (Wheeling Pittsburgh Corp /De/), Term Loan Agreement (Esmark INC), Term Loan Agreement (Wheeling Pittsburgh Corp /De/)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all material Intellectual Property necessary for the conduct of its business as currently conducted . No ; no material claim has been asserted and is pending by any Person challenging or questioning the use of any such Intellectual Property or the validity or effectiveness of any such Intellectual Property, nor does the Borrower know of any valid basis for any such claim . The ; and the use of such Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 4 contracts

Samples: Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower any Group Member know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 4 contracts

Samples: Credit Agreement (American Real Estate Partners L P), Credit Agreement (American Real Estate Partners L P), Credit Agreement (Stratosphere Leasing, LLC)

Intellectual Property. The Borrower and each of its Subsidiaries Each Loan Party owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The To the knowledge of the Borrower, the use of Intellectual Property by the Borrower and its Subsidiaries each Loan Party does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Credit Agreement (Federal Mogul Corp), Term Loan and Revolving Credit Agreement (Federal-Mogul Corp), Term Loan Agreement (Federal-Mogul Corp)

Intellectual Property. The Borrower and each of its Subsidiaries Each Loan Party owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted or proposed to be conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the use, validity or effectiveness of any Intellectual Property, nor does is the Borrower know aware of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries each Loan Party does not materially infringe on the rights of any Person in Person. Schedule 5.12 attached hereto is a complete list of all intellectual property that is owned by, or licensed to, Borrower or any material respect of its Subsidiaries.

Appears in 3 contracts

Samples: Credit Agreement (Air T Inc), Credit Agreement (Air T Inc), Credit Agreement (Air T Inc)

Intellectual Property. The Borrower and each Each member of its Subsidiaries the Group owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted conducted free and clear of Liens, conditions, adverse claims or other restrictions. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity validity, enforceability or effectiveness of any Intellectual Property Property owned by any member of the Group, nor does the Borrower any Obligor know of any valid basis for any such claim. The use of Intellectual Property by each member of the Borrower and its Subsidiaries Group does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Facilities Agreement (Cemex Sab De Cv), Term and Revolving Facilities Agreement (Cemex Sa De Cv), Term and Revolving Facilities Agreement (Cemex Sa De Cv)

Intellectual Property. The Holdings, the Borrower and each of its Restricted Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No Other than as set forth on Schedule 4.9, no material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Holdings or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by Holdings, the Borrower and its Restricted Subsidiaries does not infringe on the rights of any Person in any material respect manner that is reasonably likely to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Doane Pet Care Co), Credit Agreement (Doane Pet Care Co), Credit Agreement (Doane Pet Care Co)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and each of its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Senior Credit Agreement (AerCap Holdings N.V.), Senior Credit Agreement (AerCap Holdings N.V.), Senior Credit Agreement (AerCap Holdings N.V.)

Intellectual Property. The Each of SuperHoldings, Holdings, the Borrower and each of its their respective Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted . Schedule 4.9 sets forth all of the applications for registration and registered Intellectual Property owned or licensed by each of SuperHoldings, Holdings, the Borrower and each of their respective Subsidiaries on the Closing Date. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the SuperHoldings, Holdings or Borrower know of any valid basis for any such claim. The use of Intellectual Property by SuperHoldings, Holdings, the Borrower and its their respective Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Credit Agreement (NBC Acquisition Corp), Credit Agreement (Nebraska Book Co), Credit Agreement (Nebraska Book Co)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted , free and clear of all Liens, except as permitted by Section 7.3, and the use thereof and the conduct of each of the Group Members does not infringe in any material respect upon the rights of any Person. No material claim has been asserted and or is pending by any Person challenging or questioning the use of any material Intellectual Property or the validity or effectiveness of any material Intellectual Property, nor does the Parent Borrower know of any valid basis for any such material claim . The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect .

Appears in 3 contracts

Samples: Credit Agreement (Ultra Clean Holdings, Inc.), Credit Agreement (Ultra Clean Holdings, Inc.), Amendment Agreement (Ultra Clean Holdings, Inc.)

Intellectual Property. The Borrower and each of its Subsidiaries Each Loan Party owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use by any Loan Party of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of nor, to Borrower’s knowledge, is there any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries any Loan Party does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Credit Agreement (Delta Petroleum Corp/Co), Credit Agreement (Delta Petroleum Corp/Co), Credit Agreement (Black Ridge Oil & Gas, Inc.)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, is licensed to use or is licensed otherwise lawfully permitted to use, all material Intellectual Property necessary for the conduct of its business as currently conducted . No ; no material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim . The ; and to the knowledge of the Borrower, the use of such Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Credit Agreement (New World Restaurant Group Inc), Credit Agreement (New World Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc)

Intellectual Property. The Borrower and each of its Subsidiaries owns own, or is are licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted or proposed to be conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the use, validity or effectiveness of any Intellectual Property, nor does is the Borrower know aware of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries does not materially infringe on the rights of any Person in any material respect Person.

Appears in 3 contracts

Samples: Loan Agreement (Gas Natural Inc.), Loan Agreement (Gas Natural Inc.), Loan Agreement (Gas Natural Inc.)

Intellectual Property. The Borrower and each of its Subsidiaries Each Loan Party owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower any Loan Party know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries each Loan Party does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Security Agreement (Cadiz Inc), Security Agreement (Cadiz Inc), Credit Agreement (Cadiz Inc)

Intellectual Property. The Borrower and each of its Subsidiaries Each Loan Party owns, or is licensed to use, all material Intellectual Property necessary for the conduct of its business as currently conducted . No ; no material claim has been asserted and is pending by any Person challenging or questioning the use of any such Intellectual Property or the validity or effectiveness of any such Intellectual Property, nor does the Borrower know of any valid basis for any such claim . The ; and the use of such Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Parker Drilling Co /De/), Assignment and Assumption (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)

Intellectual Property. The Holdings, the Borrower and each of its Subsidiaries owns, or is licensed to use, use all Intellectual Property necessary for the conduct of its business as currently conducted. No To the best knowledge of Holdings or the Borrower, no material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Holdings or the Borrower know of any valid basis for any such claim. The To the best knowledge of Holdings or the Borrower, the use of Intellectual Property by Holdings, the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Credit Agreement (Merisant Worldwide, Inc.), Credit Agreement (Merisant Co), Credit Agreement (Merisant Foreign Holdings I Inc)

Intellectual Property. The Holdings, the Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Holdings or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by Holdings, the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Credit Agreement (Extendicare Health Services Inc), Credit Agreement (Gallipolis Care LLC), Credit Agreement (Villa Pines Care LLC)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Credit Agreement (Sanders Morris Harris Group Inc), Credit Agreement (Sanders Morris Harris Group Inc), Credit Agreement (Sanders Morris Harris Group Inc)

Intellectual Property. The Borrower and each of its Subsidiaries --------------------- owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Credit Agreement (Lexar Media Inc), Guarantee and Collateral Agreement (Lexar Media Inc), Credit Agreement (City Truck Holdings Inc)

Intellectual Property. The Borrower Each of the Borrowers and each of its their Subsidiaries owns, or is licensed to use, all Intellectual Property intellectual property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property intellectual property or the validity or effectiveness of any Intellectual Property intellectual property, nor does the any Borrower know of any valid basis for any such claim. The use of Intellectual Property intellectual property by the Borrower Borrowers and its their Subsidiaries does not not, to their knowledge after due inquiry, infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Mortgage, Security Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.)

Intellectual Property. The Holdings, the Borrower and each of its --------------------- Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Holdings or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by Holdings, the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp)

Intellectual Property. The Each of Holdings and the Borrower and each of its their respective Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Holdings or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower Holdings and its Subsidiaries does not infringe on the rights of any Person in any material respect respect or in any manner that could reasonably be expected to have a Material Adverse Effect. Neither Holdings nor the Borrower nor any of their respective Subsidiaries owns any material registered Intellectual Property except as set forth in Item 6.12 of the Disclosure Schedule.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (InfuSystem Holdings, Inc), Credit and Guaranty Agreement (InfuSystem Holdings, Inc), Credit and Guaranty Agreement (I Flow Corp /De/)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed or otherwise has the right to use, all Intellectual Property Property, free of material Liens, necessary for the conduct of its business as currently conducted. No material claim claim, litigation, investigation or other proceeding has been asserted and is pending pending, or to the knowledge of the Borrower, threatened by any Person challenging or questioning the use of involving any material Intellectual Property owned by any Group Member, or the validity or effectiveness enforceability of any such Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The To the knowledge of the Borrower, the conduct of each Group Member’s business and the use of owned and licensed Intellectual Property by the Borrower and its Subsidiaries each Group Member as currently used does not infringe on infringe, misappropriate or otherwise violate the Intellectual Property rights of any Person in any material respect.

Appears in 3 contracts

Samples: Credit Agreement (Henry Schein Inc), Credit Agreement (Henry Schein Inc), Credit Agreement (Henry Schein Inc)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all material Intellectual Property necessary for the conduct of its business as currently conducted or contemplated to be conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The To the knowledge of any Group Member the use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 3 contracts

Samples: Possession Credit Agreement, Possession Credit Agreement, Possession Credit Agreement

Intellectual Property. The Holdings, the Borrower and each of its their respective Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Holdings or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by Holdings, the Borrower and its their respective Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Crown Castle International Corp), Credit Agreement (Crown Castle International Corp)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any material Intellectual Property owned by (or, to the best knowledge of the Borrower, licensed to) any Group Member or the validity or effectiveness of any such Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of material Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Innophos, Inc.), Credit Agreement (Innophos Investment Holdings, Inc.)

Intellectual Property. The Borrower Parent, the Borrowers and each of its their Subsidiaries owns, or is licensed to use, all Intellectual Property trademarks, tradenames, copyrights, technology, know-how and processes necessary for the conduct of its business as currently conducted , except for those the failure to own or license which could not reasonably be expected to have a Material Adverse Effect ("Intellectual Property"). No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower Parent or any of the Borrowers know of any valid basis for any such claim. The use of Intellectual Property by the Borrower Parent, the Borrowers and its their Subsidiaries does not infringe on the rights of any Person in any material respect . . 51 45

Appears in 2 contracts

Samples: Credit Agreement (Kirklands Inc), Credit Agreement (Kirklands Inc)

Intellectual Property. The REIT, the Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the REIT or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the REIT, the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (U-Store-It Trust), Credit Agreement (U-Store-It Trust)

Intellectual Property. The Each of the Borrower and each of Guarantor (other than PFSweb) possesses such assets, licenses, Patents, patent applications, Copyrights, service marks, Trademarks, trade names and trade secrets and all rights, priorities and privileges and other property relating thereto or arising therefrom ("Intellectual Property") as are necessary or advisable to continue to conduct its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its present and proposed business as currently conducted activities. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower or any such Guarantor know of any valid basis for any such claim. The All Intellectual Property is valid, subsisting, unexpired and enforceable, and the use of Intellectual Property by the Borrower and its each Guarantor (other than PFSweb) and each of their Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Financing Agreement (Pfsweb Inc), Pfsweb Inc

Intellectual Property. The Each Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim or litigation has been asserted and is pending involving any Intellectual Property owned or exclusively licensed by any Borrower by any Person challenging or questioning the use of any such Intellectual Property or the validity or effectiveness of any such Intellectual Property, nor does the any Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries Borrowers does not infringe on the rights of any Person in any material respect Person.

Appears in 2 contracts

Samples: Loan and Security Agreement (Zoo Entertainment, Inc), Loan and Security Agreement (Zoo Entertainment, Inc)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect known by the Borrower to have a legal right therein.

Appears in 2 contracts

Samples: Credit Agreement (Tesoro Petroleum Corp /New/), Credit Agreement (Tesoro Petroleum Corp /New/)

Intellectual Property. The Borrower Holdings and each of its Subsidiaries owns, or is licensed or otherwise has the right to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Holdings or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower Holdings and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Ifco Systems Nv), Credit Agreement (Ifco Systems Nv)

Intellectual Property. The Borrower and Except as disclosed from time to time in any filing made by Novellus with the SEC, each of its Subsidiaries Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim . The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect .

Appears in 2 contracts

Samples: Credit Agreement (Novellus Systems Inc), Credit Agreement (Novellus Systems Inc)

Intellectual Property. The Borrower and each of its Subsidiaries Lessee owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any such Intellectual Property or the validity or effectiveness of any such Intellectual Property, nor does the Borrower Lessee know of any valid basis for any such claim. The use of such Intellectual Property by the Borrower and its Subsidiaries Lessee does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Servicing Agreement (Zipcar Inc), Vehicle Operating Lease and Servicing Agreement (Zipcar Inc)

Intellectual Property. The Borrower and each of its Subsidiaries --------------------- owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Holdings or Borrower know of any valid basis for any such claim. The use of Intellectual Property by Holdings, the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Nationwide Credit Inc), Credit Agreement (Nationwide Credit Inc)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending against the Borrower or any of its Subsidiaries by any Person challenging or questioning the use of any such Intellectual Property by the Borrower or any of its Subsidiaries or the validity or effectiveness of any such Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of such Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect known by the Borrower to have a legal right therein.

Appears in 2 contracts

Samples: Credit Agreement (Tesoro Petroleum Corp /New/), Tesoro Petroleum Corp /New/

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted . No ; no material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim . The ; and the use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Dobson Communications Corp), Credit Agreement (Dobson Communications Corp)

Intellectual Property. The Borrower Company, the Co-Borrowers and each of its their respective Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower Company or the Co-Borrowers know of any valid basis for any such claim. The use of Intellectual Property by the Borrower Company, the Co-Borrowers and its their respective Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Chesapeake Energy Corp), Credit Agreement (Chesapeake Energy Corp)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No To the knowledge of any Responsible Officer of the Borrower, no material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Dames & Moore Group), Credit Agreement (Dames & Moore Group)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for used in the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person against the Borrower or any of its Subsidiaries challenging or questioning the use of any such Intellectual Property of the Borrower or any of its Subsidiaries or the validity or effectiveness of any such Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The To the best of the Borrower's knowledge, the use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Bear Island Finance Co Ii), Credit Agreement (Bear Island Finance Co Ii)

Intellectual Property. The Borrower Holdings, CC Operating and each of its their respective Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower Holdings or CC Operating know of any valid basis for any such claim. The use of Intellectual Property by the Borrower Holdings, CC Operating and its their respective Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Crown Castle International Corp), Credit Agreement (Crown Castle International Corp)

Intellectual Property. The Holdings, the Borrower and each of its the Borrower's Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and or is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Parent, Holdings or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by Holdings, the Borrower and its the Borrower's Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc)

Intellectual Property. The Borrower DCI, the Company and each of its their --------------------- Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Company or any Borrower know of any valid basis for any such claim. The use by DCI, the Company and their Subsidiaries of Intellectual Property by which is material to the Borrower operations of DCI, the Company and its their Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Assumption Agreement (Details Inc), Credit Agreement (Details Capital Corp)

Intellectual Property. The Borrower and each of its Subsidiaries Material Subsidiary owns, or is licensed to use, all material Intellectual Property necessary for the current conduct of its business as currently conducted business. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (National Financial Partners Corp), Credit Agreement (National Financial Partners Corp)

Intellectual Property. The Borrower and each of its Subsidiaries Each Loan Party owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Global Payments Inc), Credit Agreement (Global Payments Inc)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted . No ; no material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the either Borrower know of any valid basis for any such claim . The ; and the use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Aveta Inc), Credit Agreement (Aveta Inc)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Holdings or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by each Group Member of Intellectual Property which is material to the Borrower and its Subsidiaries operation of such Group Member's business does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Year Credit Agreement (Agl Resources Inc), 364 Day Credit Agreement (Agl Resources Inc)

Intellectual Property. The Borrower and each of its Applicable Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for used in the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person against the Borrower or any Applicable Subsidiary challenging or questioning the use of any such Intellectual Property of the Borrower or any of its Applicable Subsidiaries or the validity or effectiveness of any such Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property Property, to the best of Borrower's knowledge, by the Borrower and its Applicable Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Bear Island Finance Co Ii), Timberlands Pledge Agreement (Bear Island Finance Co Ii)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any material Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of material Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Perkinelmer Inc), Perkinelmer Inc

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all material Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any of the Borrower's owned or licensed Intellectual Property or the validity or effectiveness of any such Intellectual Property, nor does the Borrower know of any valid basis for any such material claim. The To the Borrower's knowledge, the use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Loan Agreement (Century Louisiana, Inc.), Loan Agreement (Century Aluminum Holdings, Inc.)

Intellectual Property. The Borrower and each of its Subsidiaries Each Loan Party owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted or proposed to be conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the use, validity or effectiveness of any Intellectual Property, nor does is the Borrower know aware of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries each Loan Party does not materially infringe on the rights of any Person in Person. The listing of Intellectual Property previously provided by Borrower to Lender is a complete list of all intellectual property that is owned by, or licensed to, Borrower or any material respect of its Subsidiaries.

Appears in 2 contracts

Samples: Credit Agreement (Pro Dex Inc), Credit Agreement (Pro Dex Inc)

Intellectual Property. The Borrower and each of its Subsidiaries Each Loan Party owns, or is licensed to use, all material Intellectual Property necessary for the conduct of its business as currently conducted . No ; no material claim has been asserted and is pending by any Person challenging or questioning the use of any such Intellectual Property or the validity or effectiveness of any such Intellectual Property, nor does the Parent Borrower know of any valid basis for any such claim . The ; and the use of such Intellectual Property by the Parent Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)

Intellectual Property. The Borrower and each of its Subsidiaries Each Group Member owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending or, to the knowledge of the Borrower, is threatened, by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property , nor does the Borrower know of any valid basis for any such claim . The use of Intellectual Property by the Borrower and its Subsidiaries each Group Member does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Superior Offshore International Inc.), Credit Agreement (Superior Offshore International Inc.)

Intellectual Property. The Borrower and each of its Subsidiaries owns own, or is licensed license or otherwise have sufficient legal rights to use, all Intellectual Property necessary for the conduct of its their business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any material Intellectual Property or the validity or effectiveness of any material Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Wiley John & Sons Inc), Credit Agreement (Wiley John & Sons Inc)

Intellectual Property. The Borrower PHC and each of its Subsidiaries owns, either owns or is licensed to use, licenses all Intellectual Property used by it and necessary for the conduct of its business businesses as currently conducted. No Neither PHC nor any of its Subsidiaries is the licensor of material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or to any third party. None of the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property used by the Borrower and PHC or any of its Subsidiaries does not infringe on violates or infringes upon the Intellectual Property rights of any other Person in any material respect . As of the date hereof, there is no Action pending or, to the Knowledge of PHC, threatened, which challenges the rights of PHC or any of its Subsidiaries with respect to Intellectual Property used in its business or which asserts any violation or infringement of the Intellectual Property rights of any other Person.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Professional Holding Corp.), Agreement and Plan of Merger (Professional Holding Corp.)

Intellectual Property. The Each of the Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property patents, trademarks, tradenames, copyrights, permits, service marks, licenses, franchises, technology, know-how and processes necessary for the conduct of its business as currently conducted conducted (the “Intellectual Property”). No material claim has been asserted and or is pending by any Person challenging or questioning the use of any Intellectual Property by the Borrower or any of its Subsidiaries or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of the Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in other Person. Neither the Borrower nor any of its Subsidiaries has licensed any material respect Intellectual Property to any other Person, other than as set forth on Schedule 6.09.

Appears in 2 contracts

Samples: Credit Agreement (Usi Holdings Corp), Credit Agreement (Usi Holdings Corp)

Intellectual Property. The Except as set forth on Schedule 4.9, (a) the Borrower and each of its Subsidiaries owns, or is licensed to use or otherwise possess a legally enforceable right to use, all Intellectual Property necessary for the conduct of its business as currently conducted . No ; (b) no material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim . The ; and (c) to Borrower's knowledge, the use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Conmed Corp), Credit Agreement (Conmed Corp)

Intellectual Property. The Borrower Company and each of its Subsidiaries --------------------- owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Company or Borrower know of any valid basis for any such claim. The use by the Company and its Subsidiaries of Intellectual Property by which is material to the Borrower operations of the Company and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Details Inc), Credit Agreement (Details Inc)

Intellectual Property. The Borrower Company and each of its Subsidiaries --------------------- owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower Company know of any valid basis for any such claim. The use of Intellectual Property by the Borrower Company and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Exide Corp), Agent Agreement (Exide Corp)

Intellectual Property. The Each of Holdings, the Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for material in the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Holdings or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by Holdings, the Borrower and its Subsidiaries does not not, to Borrower’s knowledge, infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Oci Holdings Inc), Credit Agreement (Concentra Operating Corp)

Intellectual Property. The Borrower and each of its Subsidiaries --------------------- owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect respect that could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Coaxial LLC, Insight Communications Co Inc

Intellectual Property. The Borrower and each of its Subsidiaries Subsidiary owns, or is licensed to use, all Intellectual Property trademarks, trade names, trade secrets, copyrights, technology, know-how, and processes necessary for the conduct of its business as currently conducted conducted (the "Intellectual Property"). No material claim has been asserted and is pending by any Person challenging or questioning the use of any such Intellectual Property or the validity or effectiveness of any such Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of such Intellectual Property by the Borrower and its Subsidiaries Subordinated Loan Parties does not infringe on the rights of any Person in any material respect Person.

Appears in 2 contracts

Samples: Subordinated Loan Agreement (Basic Energy Services Inc), Subordinated Loan Agreement (Sierra Well Service Inc)

Intellectual Property. The Holdings, the Borrower and each of its their --------------------- respective Subsidiaries owns, or is licensed to use, all material Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does Holdings or the Borrower know of any valid basis for any such material claim. The To the best knowledge of the Borrower, the use of Intellectual Property by Holdings, the Borrower and its their respective Subsidiaries in the conduct of their business as currently conducted does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Mattress Discounters Corp), Credit Agreement (Bedding Experts Inc)

Intellectual Property. The Borrower (a) MBI and each of its Subsidiaries owns, either owns or is licensed to use, licenses all Intellectual Property used by it and necessary for the conduct of its business businesses as currently conducted. No Neither MBI nor any of its Subsidiaries is the licensor of material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or to any third party. None of the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property used by the Borrower and MBI or any of its Subsidiaries does not infringe on violates or infringes upon the Intellectual Property rights of any other Person in any material respect . As of the date hereof, there is no Action pending or, to the Knowledge of MBI, threatened, which challenges the rights of MBI or any of its Subsidiaries with respect to Intellectual Property used in its business or which asserts any violation or infringement of the Intellectual Property rights of any other Person.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Professional Holding Corp.), Agreement and Plan of Merger (Professional Holding Corp.)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No Except as disclosed on Schedule 4.9, no material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 2 contracts

Samples: Credit Agreement (Inamed Corp), Credit Agreement (Inamed Corp)

Intellectual Property. The Holdings, the --------------------- Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted , all of which Intellectual Property is listed on Schedule 6 to the Guarantee and Collateral Agreement. No material claim has been asserted and or threatened or is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, except for claims the adverse determination of which could not reasonably be expected to have a Material Adverse Effect, nor does the Holdings or Borrower know of any valid basis for any such claim. The use of Intellectual Property by Holdings, the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 1 contract

Samples: Credit Agreement (Reliant Building Products Inc)

Intellectual Property. The Borrower Borrowers and each of its their Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business their businesses as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does do the Borrower Borrowers know of any valid basis for any such claim. The To the best of the Borrowers' knowledge, the use of Intellectual Property by the Borrower Borrowers and its their Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 1 contract

Samples: Credit Agreement (Harvard Industries Inc)

Intellectual Property. The Except as could not reasonably be expected to have a Material Adverse Effect, (i) each of the Borrower and each of its Subsidiaries owns, or is licensed to use, or otherwise has the right to use, all Intellectual Property intellectual property necessary for the conduct of its business as currently conducted . No material , (ii) no claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property intellectual property or the validity or effectiveness of any Intellectual Property intellectual property owned or licensed by the Borrower and its Subsidiaries, nor does any of the Borrower or any of its Subsidiaries know of any valid basis for any such claim. The claim and (iii) the use of Intellectual Property intellectual property necessary for the conduct of its business as currently conducted by each of the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect Person.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Northstar Realty Finance Corp.)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does or the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Powerhouse Technologies Inc /De)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No Except as set forth in Schedule 4.9, no material claim has been asserted and is pending against the Borrower or any of its Subsidiaries by any Person challenging or questioning the use of any such Intellectual Property by the Borrower or any of its Subsidiaries or the validity or effectiveness of any such Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of such Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect known by the Borrower to have a legal right therein.

Appears in 1 contract

Samples: Credit Agreement (Victory Finance Inc)

Intellectual Property. The Parent Borrower and each of --------------------- its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Parent Borrower or the Subsidiary Borrower know of any valid basis for any such claim. The use of Intellectual Property by the such Borrower and its Subsidiaries does not not, to the best knowledge of the Borrowers or any Subsidiary, infringe on the rights of any Person in any material respect.

Appears in 1 contract

Samples: Credit Agreement (Act Manufacturing Inc)

Intellectual Property. The Each of Borrower and each of its Subsidiaries Restricted Subsidiary owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any such Intellectual Property or the validity or effectiveness of any such Intellectual Property, nor does the Borrower know of any valid basis for any such claim. The use of such Intellectual Property by the Borrower and its Subsidiaries each other Loan Party does not infringe on the rights of any Person in any material respect.

Appears in 1 contract

Samples: Loan Agreement (Organic Inc)

Intellectual Property. The Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property material and necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property . To the knowledge of Borrower, nor does the Borrower know of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect . All Intellectual Property owned or possessed by Borrower and its Subsidiaries is listed on SCHEDULE 4.21.

Appears in 1 contract

Samples: Credit Agreement (Seaena Inc.)

Intellectual Property. The Borrower and each of its Subsidiaries Borrowers owns, or is are licensed to use, all Intellectual Property necessary for the conduct of its business their respective businesses as currently conducted or proposed to be conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the use, validity or effectiveness of any of Borrowers’ Intellectual Property, nor does the is any Borrower know aware of any valid basis for any such claim. The use of Intellectual Property by the Borrower and its Subsidiaries Borrowers does not materially infringe on the rights of any Person in any material respect Person. Schedule 5.12 attached hereto is a complete list of all intellectual property that is owned by, or licensed to, Borrowers.

Appears in 1 contract

Samples: Loan Agreement (Air T Inc)

Intellectual Property. The Holdings, the Borrower and each of its Subsidiaries owns, or is licensed to use, all Intellectual Property necessary for the conduct of its business as currently conducted. No material claim has been asserted and is pending by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does the Holdings or Borrower know of any valid basis for any such claim. The use of Intellectual Property by Holdings, the Borrower and its Subsidiaries does not infringe on the rights of any Person in any material respect.

Appears in 1 contract

Samples: Credit Agreement (Cpi Aerostructures Inc)