Common use of Names and Intellectual Property Clause in Contracts

Names and Intellectual Property. (a) Within five (5) years prior to the Closing Date, Borrower has not and no Subsidiary Guarantor has conducted business under or used any other name (whether corporate or assumed) except for the names shown on Schedule “5.13(a)” attached hereto and made part hereof. Borrower and each Subsidiary Guarantor, as applicable, is the sole owner of all names listed on such Schedule “5.13(a)” and any and all business done and all invoices issued in such trade names are Borrower’s or such Subsidiary Guarantor’s sales, business and invoices. Each trade name of Borrower and each Subsidiary Guarantor, as applicable, represents a division or trading style of Borrower and such Subsidiary Guarantor, and not a separate Subsidiary or Affiliate or independent entity. (b) All trademarks, service marks, patents or copyrights which Borrower or any Subsidiary Guarantor uses, plans to use or has a right to use are shown on Schedule “5.13(b)” attached hereto and made part hereof, and Borrower and such Subsidiary Guarantor, as applicable, is the sole owner of such Property except to the extent any other Person has claims or rights in such Property, as such claims and rights are shown on Schedule “5.13(b)”. Borrower is not in violation of any rights of any other Person with respect to such Property. (c) Except as shown on Schedule “5.13

Names and Intellectual Property. (a) Within five (5) years prior to the Closing Date, Borrower has not and no Subsidiary Guarantor has conducted business under or used any name other name than the names listed on Schedule 5.9 hereto (whether corporate or assumed) except for the names shown on Schedule “5.13(a)” "5.13 (a) attached hereto and made part hereof. Borrower and each Subsidiary Guarantor, as applicable, is the sole owner of all names listed on such Schedule “"5.13(a)” " and any and all business done and all invoices issued in such trade names are Borrower’s 's or such Subsidiary Guarantor’s 's sales, business and invoices. Each trade name of Borrower and each Subsidiary Guarantor, as applicable, represents a division or trading style an alternate name of Borrower and or such Subsidiary Guarantor, as applicable, and not a separate Subsidiary or Affiliate or independent entity. (b) All registered trademarks, service marks, patents or copyrights which Borrower or any Subsidiary Guarantor uses, plans to use or has a right to use are shown on Schedule “"5.13(b)” " attached hereto and made part hereof, and Borrower and such Subsidiary Guarantor, as applicable, is the sole owner of such Property except to the extent any other Person has claims or rights in such Property, as such claims and rights are shown on Schedule “"5.13(b)”". Borrower is not in violation of any rights of any other Person with respect to such Property. (c) Except as shown on Schedule “"5.13