Netgear 2012 Annual Report Download - page 161

(kkk) “ Order ”
shall mean any order, judgment, award, decision, decree, injunction, ruling, writ or assessment of
any Governmental Authority (whether temporary, preliminary or permanent) that is binding on any Person or its property under
applicable Law.
(lll) “ Other IP ” shall mean Intellectual Property Rights other than Patents and Trademarks.
(mmm) “ Patent Files ”
shall mean the entirety of the prosecution files for the Transferred Patents in the possession
or control of Sellers or their Subsidiaries, and their attorneys and patent agents, including all such correspondence and filings with
patent authorities with respect to such Patents and any related materials or documents.
(nnn) “ Permits ”
shall mean all permits, registrations, certifications, clearances, consents, concessions, grants,
franchises, licenses and other evidence of authority issued or granted to, conferred upon or otherwise created for Sellers or any of their
Subsidiaries by any Governmental Authority or customer of the AirCard Products.
(ooo) “ Permitted Liens ” shall mean:
(i) statutory or common law Liens for Taxes which are not yet delinquent;
(ii) statutory or common law Liens to secure landlords, lessors or renters under the Transferred Leases;
(iii)
statutory or common law Liens in favor of carriers, warehousemen, mechanics and materialmen to
secure claims for labor, materials or supplies or other similar items for amounts not yet due or payable; and
(iv)
Liens, encumbrances, zoning restrictions, covenants, conditions and restrictions imposed on the
underlying fee interest in Real Property that are inconsequential to the use of the subject Real Property.
(ppp) “ Person ”
shall mean any natural person, company, corporation, limited liability company, general or limited
partnership, trust, proprietorship, joint venture, or other business entity, unincorporated association, organization or enterprise, or any
Governmental Authority.
(qqq) “ Real Property ”
shall mean real property together with all easements, licenses, interests and all of the rights
arising out of the ownership thereof or appurtenant thereto and together with all buildings, structures, facilities, fixtures and other
improvements thereon.
(rrr) “ Reference Date ” shall mean September 30, 2012.
(sss) “ Registered IP ”
shall mean all the Intellectual Property Rights that are the subject of an application,
certificate, filing, registration or other document issued, filed with, or recorded by any Governmental Authority.
(ttt)
“ Release ”
shall mean any release, spill, omission, leaking, pumping, injection, deposit, disposal, dumping,
discharge, dispersal, leaching, escaping, emanation or migration of any Hazardous Material in, into or onto the environment.
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