Common use of Duties of Grantor Clause in Contracts

Duties of Grantor. Grantor shall have the duty to the extent commercially reasonable and in Grantor's good faith business judgment, desirable: (i) to file and prosecute diligently any patent, trademark or service ▇▇▇▇ applications pending as of the date hereof or hereafter until all Obligations (other than contingent indemnification obligations) shall have been paid in full and the Loan Agreement has been terminated, (ii) except as otherwise provided in the Loan Agreement, to preserve and maintain all rights in the material Intellectual Property (including, but not limited to, with respect to Trademarks, the filing of affidavits of use and, incontestability, where applicable, under Sections 8 and 15 of the ▇▇▇▇▇▇ Act (15 U.S.C. Section 1058, 1065) and renewals and, to the extent commercially reasonable, initiating opposition or cancellation proceedings or litigation against users of the same or confusingly similar marks who seriously threaten the validity or rights of Grantor in its material Trademarks), and (iii) to ensure that the Registered Intellectual Property is and remains enforceable. The Grantee shall be reimbursed for all such costs and expenses which constitute Lender Expenses. Grantor shall not knowingly or unreasonably abandon any right to file a material patent, trademark or service ▇▇▇▇ application, or abandon any pending patent application, or any other material Intellectual Property, unless Grantor, in the exercise of its commercially reasonable business judgment determines that such abandonment will not materially and adverse effect its business.

Appears in 2 contracts

Sources: Intellectual Property Security Agreement (Viskase Companies Inc), Intellectual Property Security Agreement (Viskase Companies Inc)