Common use of Excluded Names Clause in Contracts

Excluded Names. The Parties acknowledge and agree that except as expressly provided in the Trademark License Agreement, the Company has no right, title or interest in any Excluded Name and no interest in or right to use the Excluded Names is being assigned, licensed, transferred or otherwise conveyed to Buyer or to the Company pursuant to this Agreement or the transactions contemplated hereby. In furtherance of the foregoing, effective immediately after the Closing and except as otherwise expressly provided in the Trademark License Agreement, Buyer shall take all action reasonably necessary to change the name of the Company in order to eliminate use by Buyer or any of its Affiliates, including the Company, of any Excluded Name except as expressly set forth in this Agreement. Except as expressly set forth in the Trademark License Agreement, as of the Closing Date, Buyer and its Affiliates (including the Company) will stop using the Excluded Names, including in any form in connection with the Company, including by removing, permanently obliterating or covering all references to the Excluded Names that appear on any Business Asset. Neither Buyer nor any of its Affiliates (including the Company following the Closing) will register, attempt to register or assist another in registering the Excluded Names anywhere in the world as a trademark, service ▇▇▇▇, trade name, corporate name, assumed name, domain name or any other indication of source.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Merit Medical Systems Inc), Stock Purchase Agreement (Merit Medical Systems Inc), Stock Purchase Agreement (Merit Medical Systems Inc)