Common use of Name and Marks Clause in Contracts

Name and Marks. As of the Closing Date, Seller will cease the use of the designation "Banc One Mortgage Corporation" or "Banc One" in connection with Purchaser's operation of the Acquired Business and will eliminate the use of any other designation or symbol indicating affiliation within 90 days after the Closing Date with Seller or any Affiliate of Seller. Insofar as promotional materials are concerned, placement on the covers thereof of a prominent legend negating affiliation with Seller or any Affiliate Seller shall be deemed in compliance with the requirements of this Section with respect to materials on hand as of the Closing Date which are used or distributed by Purchaser for a period of no more than three months following the Closing Date. In connection with the acquisition of the Intellectual Property of Seller by Purchaser on the Closing Date, following the Closing Seller shall cease using such Intellectual Property (except as otherwise may be permitted pursuant to the Transitional Agreement), and Seller and Purchaser shall execute an assignment in the form of Exhibit B hereto (the "Intellectual Property Assignment") regarding the transfer of such Intellectual Property to Purchasers. Notwithstanding the foregoing, Purchaser may cause Seller to use Seller's name during the Interim Period to facilitate the performance of Seller's obligations under Section 3.2 hereof.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Homeside Inc), Asset Purchase Agreement (Homeside Lending Inc)