This excerpt taken from the MIR 8-K filed Apr 18, 2007.
4.13. Intellectual Property. Except as would not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect:
(a) each such Portfolio Company has all right, title and interest in, or a valid and binding license to use, all Intellectual Property, individually or in the aggregate, material to the conduct of its business as currently conducted;
(b) each such Portfolio Company is not in default (or with the giving of notice or lapse of time or both would be in default) under any license to use such Intellectual Property;, and
(c) to the Sellers Knowledge such Intellectual Property is not being infringed by any third party, and such Portfolio Company is not infringing on the Intellectual Property of any third party.
This excerpt taken from the MIR 8-K filed Dec 13, 2006.
Intellectual Property means patents and patent rights, trademarks and trademark rights, trade names and trade name rights, service marks and service mark rights, service names and service name rights, copyrights and copyright rights and other proprietary intellectual property rights and all pending applications for and registrations of any of the foregoing.