Common use of Grant of Security Interest in Trademarks Clause in Contracts

Grant of Security Interest in Trademarks. Each Grantor hereby grants to the Agent a security interest and continuing lien on all of such Grantor’s right, title and interest in, to and under the following, in each case whether owned or existing or hereafter acquired or arising and wherever located (collectively, the “Trademark Collateral”): (i) all United States, State and foreign trademarks, service marks, certification marks, collective marks, trade names, corporate names, d/b/as, business names, fictitious business names, Internet domain names, trade styles, logos, other source or business identifiers, designs and general intangibles of a like nature and, with respect to any and all of the foregoing: (i) all registrations and applications therefor including, but not limited to, the registrations and applications referred to in Schedule 1-A hereto (as such schedule may be amended or supplemented from time to time), (ii) the goodwill of the business symbolized thereby, (iii) all rights corresponding thereto throughout the world, (iv) all rights to ▇▇▇ for past, present and future infringement or dilution thereof or for any injury to goodwill, (v) all licenses, claims, damages, and proceeds of suit arising therefrom, and (vi) all payments and rights to payments arising out of the sale, lease, license assignment or other disposition thereof; provided that the security interest granted under Section 2 hereof shall not attach to, and the term “Trademark Collateral” shall not include any applications for trademark filed in the United States Patent and Trademark Office pursuant to 15 U.S.C. § 1051 Section 1(b), only to the extent that the grant of a security interest therein would result in the abandonment, invalidation or unenforceability of the trademarks matured from such application or rights hereunder and only until evidence of the use of such trademarks in commerce, as defined in 15 U.S.C. Section 1127, is submitted to, and accepted by, the United States Patent and Trademark Office pursuant to 15 U.S.C. § 1051 Section 1(c) or 1(d), following which filing all such applications shall automatically become Trademark Collateral.

Grant of Security Interest in Trademarks. Each Grantor hereby grants to the Agent a security interest and continuing lien on all of such Grantor’s right, title and interest in, to and under the following, in each case whether owned or existing or hereafter acquired or arising and wherever located (collectively, the “Trademark Collateral”): (i) all United States, State and foreign trademarks, service marks, certification marks, collective marks, trade names, corporate names, d/b/as, business names, fictitious business names, Internet domain names, trade styles, logos, other source or business identifiers, designs and general intangibles of a like nature and, with respect to any and all of the foregoing: (i) all registrations and applications therefor including, but not limited to, the registrations and applications referred to in Schedule 1-A hereto (as such schedule may be amended or supplemented from time to time), (ii) the goodwill of the business symbolized thereby, (iii) all rights corresponding thereto throughout the world, (iv) all rights to ▇s▇▇ for past, present and future infringement or dilution thereof or for any injury to goodwill, (v) all licenses, claims, damages, and proceeds of suit arising therefrom, and (vi) all payments and rights to payments arising out of the sale, lease, license assignment or other disposition thereof; provided that the security interest granted under Section 2 hereof shall not attach to, and the term “Trademark Collateral” shall not include any applications for trademark filed in the United States Patent and Trademark Office pursuant to 15 U.S.C. § 1051 Section 1(b), only to the extent that the grant of a security interest therein would result in the abandonment, invalidation or unenforceability of the trademarks matured from such application or rights hereunder and only until evidence of the use of such trademarks in commerce, as defined in 15 U.S.C. Section 1127, is submitted to, and accepted by, the United States Patent and Trademark Office pursuant to 15 U.S.C. § 1051 Section 1(c) or 1(d), following which filing all such applications shall automatically become Trademark Collateral.

Grant of Security Interest in Trademarks. Each To secure the complete and timely payment, performance and satisfaction of all of the Secured Obligations, each Grantor hereby grants to the Collateral Agent for the benefit of the Purchasers, a security interest in, as and continuing lien on by way of a first mortgage and security interest having priority over all other security interests, with power of sale to the extent permitted by applicable law, all of such Grantor’s right, title and interest in, to and under the following, in each case whether Grantors' now owned or existing and hereafter acquired or arising: (i) all trademarks, trade names, trade dress, design marks, service marks, logos, corporate names, company names, business names, domain names, trade styles and other source of business identifiers, and all federal, state and foreign registrations, renewals and recordings thereof and all applications in connection therewith (I) listed on Schedule A attached hereto and made a part hereof and (II) hereafter acquired or arising and wherever located (collectively, the “Trademark Collateral”): (ia) all United Statesincome, State royalties, damages and foreign trademarks, service marks, certification marks, collective marks, trade names, corporate names, d/b/as, business names, fictitious business names, Internet domain names, trade styles, logos, other source or business identifiers, designs payments now and general intangibles of a like nature and, hereafter due and/or payable under and with respect to any and all of the foregoing: (i) all registrations and applications therefor thereto, including, but not limited towithout limitation, payments under all licenses entered into in connection therewith and damages and payments for past or future infringements or dilutions thereof (b) the registrations right to sue ▇▇▇ past, present and applications referred to in Schedule 1-A hereto future infringements and dilutions thereof (as such schedule may be amended or supplemented from time to time), (iic) the goodwill of such Grantor's businesses symbolized by the business symbolized thereby, foregoing and connected therewith, and (iiid) all of such Grantor's rights corresponding thereto throughout the world, world (iv) all rights of the foregoing items described in this Section 2(i), are sometimes hereinafter individually and/or collectively referred to ▇▇▇ for past, present and future infringement or dilution thereof or for any injury to goodwill, (v) all licenses, claims, damages, and proceeds of suit arising therefrom, as the "Trademarks"); and (viii) all payments rights under or interest in any trademark or service mark licenses or agreements with any other party, whether such Grantor is a licensee or licensor, including, without limitation, those trademark or service mark ▇▇▇enses and rights agreements listed on Schedule A attached hereto and made a part hereof, in each case to payments arising out of the saleextent assignable without violation thereof together with any goodwill connected with and symbolized by any such trademark or service mark ▇▇▇enses and agreements, leasethe right to collect and receive payments, license assignment including but not limited to royalties, under such licenses and agreements or other disposition thereof; provided that the security interest granted under Section 2 hereof shall not attach to, damages for breach thereof and the term “Trademark Collateral” shall not include right to prepare for sale and sell any applications for trademark filed and all Inventory now or hereafter owned by such Grantor and now or hereafter covered by such licenses and agreements and all rights corresponding thereto in the United States Patent and any foreign country (the "Trademark Office pursuant to 15 U.S.C. § 1051 Section 1(b), only to the extent that the grant of a security interest therein would result in the abandonment, invalidation or unenforceability Licenses") (all of the trademarks matured from such application or rights hereunder and only until evidence of the use of such trademarks foregoing items described in commerce, this Section 2 (i-ii) are hereinafter collectively referred to as defined in 15 U.S.C. Section 1127, is submitted to, and accepted by, the United States Patent and Trademark Office pursuant to 15 U.S.C. § 1051 Section 1(c) or 1(d), following which filing all such applications shall automatically become Trademark Collateral.the