ERII » Topics » Ownership; Sufficiency of Intellectual Property Assets

This excerpt taken from the ERII 8-K filed Dec 8, 2009.
Ownership; Sufficiency of Intellectual Property Assets.  The Company (A) owns or (B) possesses adequate licenses or other rights to use, free and clear of Encumbrances (except in the case of licenses, the interests of the licensing party), orders, arbitration awards and contingent licenses arising from termination provisions (or other causes) in agreements between the Company and any other Person, all of Intellectual Property used in its business as currently conducted and as reasonably anticipated to be conducted.  The Intellectual Property identified in Section 4.20(b) of the Disclosure Schedule, together with Trade Secrets, Company Owned Copyrights and the Company’s unregistered Copyrights, Patents and the rights granted to the Company under any license agreements identified in Section 4.20(g) of the Disclosure Schedule, constitute all the Intellectual Property rights (except for standard form non-exclusive software licenses granted to end-user customers in the Ordinary Course of Business or “shrink-wrap” or other generally available commercial binary code end-user or enterprise licenses) used in the operation of Company’s business as currently conducted and as reasonably anticipated to be conducted, and are all the Intellectual Property rights and license rights necessary to operate such business after the Effective Time in substantially the same manner as such business has been operated by the Company during the two (2) years prior to the Effective Time.


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