Common use of Intellectual Property Litigation Clause in Contracts

Intellectual Property Litigation. Unless there shall occur and be continuing any Event of Default, the Pledgor shall have the right to commence and prosecute in its own name, as the party in interest, for its own benefit and at the sole cost and expense of the Pledgor, such applications for protection of the Trademarks and suits, proceedings or other actions to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value or other damage as are necessary to protect the Trademarks. Upon the occurrence and during the continuance of any Event of Default, the Secured Party shall have the right but shall in no way be obligated to file applications for protection of the Trademarks and/or bring suit in the name of the Pledgor, the Secured Party to enforce the Trademarks and any license thereunder. In the event of such suit, the Pledgor shall, at the reasonable request of the Secured Party, do any and all commercially reasonable acts/lawful acts and execute any and all documents reasonably requested by the Secured Party in aid of such enforcement and the Pledgor shall promptly reimburse and indemnify the Secured Party for all reasonable costs and expenses incurred by the Secured Party in the exercise of its rights under this Section 5.03 in accordance with Section 7.07. In the event that the Secured Party shall elect not to bring suit to enforce the Trademarks as permitted by this Section 5.03 and an Event of Default has occurred and is continuing, the Pledgor agrees, at the reasonable request of the Secured Party, to take all commercially reasonable actions necessary, whether by suit, proceeding or other action, to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value of or other damage to any of the Trademarks by others and for that purpose agrees to diligently maintain any suit, proceeding or other action against any person so infringing necessary to prevent such infringement.

Intellectual Property Litigation. Unless there shall occur and be continuing any Event of Default, the Pledgor each Grantor shall have the right to commence and prosecute in its own name, as the party in interest, for its own benefit and at the sole cost and expense of the PledgorGrantors, such applications for protection of the Trademarks Intellectual Property Collateral and suits, proceedings or other actions to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value or other damage as are necessary to protect the TrademarksIntellectual Property Collateral. Upon the occurrence and during the continuance of any Event of Default, the Secured Party Purchaser shall have the right but shall in no way be obligated to file applications for protection of the Trademarks Intellectual Property Collateral and/or bring suit in the name of the Pledgorany Grantor, the Secured Party Purchaser to enforce the Trademarks Intellectual Property Collateral and any license thereunder. In the event of such suit, the Pledgor each Grantor shall, at the reasonable request of the Secured PartyPurchaser, do any and all commercially reasonable acts/lawful acts and execute any and all documents reasonably requested by the Secured Party Purchaser in aid of such enforcement and the Pledgor Grantors shall promptly reimburse and indemnify the Secured Party Purchaser for all reasonable costs and expenses incurred by the Secured Party Purchaser in the exercise of its rights under this Section 5.03 6.04 in accordance with Section 7.079.08. In the event that the Secured Party Purchaser shall elect not to bring suit to enforce the Trademarks Intellectual Property Collateral as permitted by this Section 5.03 6.04 and an Event of Default has occurred and is continuing, the Pledgor each Grantor agrees, at the reasonable request of the Secured PartyPurchaser, to take all commercially reasonable actions necessary, whether by suit, proceeding or other action, to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value of or other damage to any of the Trademarks Intellectual Property Collateral by others and for that purpose agrees to diligently maintain any suit, proceeding or other action against any person Person so infringing necessary to prevent such infringement.

Intellectual Property Litigation. Unless there shall occur and be continuing any an Event of DefaultDefault has occurred and is continuing, the Pledgor each Grantor shall have the right to commence and prosecute in its own name, as the party in interest, for its own benefit and at the its sole cost and expense of the Pledgorexpense, such applications for protection of the Trademarks Intellectual Property Collateral and suits, proceedings or other actions to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value or other damage as are necessary to protect the TrademarksIntellectual Property Collateral. Upon the occurrence and during the continuance of any an Event of Default, the Secured Party shall have the right but shall in no way be obligated to file applications for protection of the Trademarks Intellectual Property Collateral and/or bring suit in the name of the Pledgor, any Grantor or the Secured Party to enforce the Trademarks Intellectual Property Collateral and any license thereunder. In the event of such suit, the Pledgor each Grantor shall, at the reasonable request of the Secured Party, do any and all commercially reasonable acts/lawful acts and execute any and all documents reasonably requested by the Secured Party in aid of such enforcement and the Pledgor Grantors shall promptly reimburse and indemnify the Secured Party for all reasonable costs and expenses incurred by the Secured Party in the exercise of its rights under this Section 5.03 in accordance with Section 7.072.13. In the event that the Secured Party shall elect not to bring suit to enforce the Trademarks Intellectual Property Collateral as permitted by this Section 5.03 2.13.4 and an Event of Default has occurred and is continuing, the Pledgor each Grantor agrees, at the reasonable request of the Secured Party, to take all commercially reasonable actions necessary, whether by suit, proceeding or other action, to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value of or other damage to any of the Trademarks Intellectual Property Collateral by others and for that purpose agrees to diligently maintain any suit, proceeding or other action against any person so infringing necessary to prevent such infringement.

Intellectual Property Litigation. Unless there shall occur and be continuing any Event of Default, the Pledgor each Grantor shall have the right to commence and prosecute in its own name, as the party in interest, for its own benefit and at the sole cost and expense of the PledgorGrantors, such applications for protection of the Trademarks Intellectual Property Collateral and suits, proceedings or other actions to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value or other damage as are necessary to protect the TrademarksIntellectual Property Collateral. Upon the occurrence and during the continuance of any Event of Default, the Secured Party Administrative Agent shall have the right but shall in no way be obligated to file applications for protection of the Trademarks Intellectual Property Collateral and/or bring suit in the name of the Pledgorany Grantor, the Administrative Agent or the Secured Party Parties to enforce the Trademarks Intellectual Property Collateral and any license thereunder. In the event of such suit, the Pledgor each Grantor shall, at the reasonable request of the Secured PartyAdministrative Agent, do any and all commercially reasonable acts/lawful acts and execute any and all documents reasonably requested by the Secured Party Administrative Agent in aid of such enforcement and the Pledgor Grantors shall promptly reimburse and indemnify the Secured Party Administrative Agent for all reasonable costs and expenses incurred by the Secured Party Administrative Agent in the exercise of its rights under this Section 5.03 7.04 in accordance with Section 7.0710.08. In the event that the Secured Party Administrative Agent shall elect not to bring suit to enforce the Trademarks Intellectual Property Collateral as permitted by this Section 5.03 7.04 and an Event of Default has occurred and is continuing, the Pledgor each Grantor agrees, at the reasonable request of the Secured PartyAdministrative Agent, to take all commercially reasonable actions necessary, whether by suit, proceeding or other action, to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value of or other damage to any of the Trademarks Intellectual Property Collateral by others and for that purpose agrees to diligently maintain any suit, proceeding or other action against any person Person so infringing necessary to prevent such infringement.

Intellectual Property Litigation. Unless there shall occur and be continuing any Event of Default, the Pledgor each Grantor shall have the right to commence and prosecute in its own name, as the party in interest, for its own benefit and at the sole cost and expense of the PledgorGrantors, such applications for protection of the Trademarks Intellectual Property Collateral and suits, proceedings or other actions to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value or other damage as are necessary to protect the TrademarksIntellectual Property Collateral. Upon the occurrence and during the continuance of any Event of Default, the Secured Party Lender shall have the right but shall in no way be obligated to file applications for protection of the Trademarks Intellectual Property Collateral and/or bring suit in the name of the Pledgorany Grantor, the Secured Party Lender to enforce the Trademarks Intellectual Property Collateral and any license thereunder. In the event of such suit, the Pledgor each Grantor shall, at the reasonable request of the Secured PartyLender, do any and all commercially reasonable acts/lawful acts and execute any and all documents reasonably requested by the Secured Party Lender in aid of such enforcement and the Pledgor Grantors shall promptly reimburse and indemnify the Secured Party Lender for all reasonable costs and expenses incurred by the Secured Party Lender in the exercise of its rights under this Section 5.03 in accordance with Section 7.079.08. In the event that the Secured Party Lender shall elect not to bring suit to enforce the Trademarks Intellectual Property Collateral as permitted by this Section 5.03 and an Event of Default has occurred and is continuing, the Pledgor each Grantor agrees, at the reasonable request of the Secured PartyLender, to take all commercially reasonable actions necessary, whether by suit, proceeding or other action, to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value of or other damage to any of the Trademarks Intellectual Property Collateral by others and for that purpose agrees to diligently maintain any suit, proceeding or other action against any person Person so infringing necessary to prevent such infringement.

Intellectual Property Litigation. Unless there shall occur and be continuing any Event of Default, the Pledgor each Grantor shall have the right to commence and prosecute in its own name, as the party in interest, for its own benefit and at the sole cost and expense of the PledgorGrantors, such applications for protection of the Trademarks Intellectual Property Collateral and suits, proceedings or other actions to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value or other damage as are necessary to protect the TrademarksIntellectual Property Collateral. Upon the occurrence and during the continuance of any Event of Default, the Secured Party shall have the right but shall in no way be obligated to file applications for protection of the Trademarks Intellectual Property Collateral and/or bring suit in the name of the Pledgorany Grantor, the Secured Party to enforce the Trademarks Intellectual Property Collateral and any license thereunder. In the event of such suit, the Pledgor each Grantor shall, at the reasonable request of the Secured Party, do any and all commercially reasonable acts/lawful acts and execute any and all documents reasonably requested by the Secured Party in aid of such enforcement and the Pledgor Grantors shall promptly reimburse and indemnify the Secured Party for all reasonable costs and expenses incurred by the Secured Party in the exercise of its rights under this Section 5.03 6.04 in accordance with Section 7.079.08. In the event that the Secured Party shall elect not to bring suit to enforce the Trademarks Intellectual Property Collateral as permitted by this Section 5.03 6.04 and an Event of Default has occurred and is continuing, the Pledgor each Grantor agrees, at the reasonable request of the Secured Party, to take all commercially reasonable actions necessary, whether by suit, proceeding or other action, to prevent the infringement, misappropriation, counterfeiting, unfair competition, dilution, diminution in value of or other damage to any of the Trademarks Intellectual Property Collateral by others and for that purpose agrees to diligently maintain any suit, proceeding or other action against any person Person so infringing necessary to prevent such infringement.