UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 10-Q
(Mark One)
| x | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the quarterly period ended March 31, 2015
OR
| ¨ | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the transition period from to .
Commission file number: 1-32381
HERBALIFE LTD.
(Exact name of registrant as specified in its charter)
| Cayman Islands | 98-0377871 | |
|
(State or other jurisdiction of incorporation or organization) |
(I.R.S. Employer Identification No.) |
P.O. Box 309GT
Ugland House, South Church Street
Grand Cayman, Cayman Islands
(Address of principal executive offices) (Zip code)
(213) 745-0500
(Registrants telephone number, including area code)
Indicate by check mark whether the registrant: (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes x No ¨
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§ 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes x No ¨
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of large accelerated filer, accelerated filer and smaller reporting company in Rule 12b-2 of the Exchange Act. (Check one):
| Large accelerated filer | x | Accelerated filer | ¨ | |||
| Non-accelerated filer | ¨ (Do not check if a smaller reporting company) | Smaller reporting company | ¨ | |||
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes ¨ No x
Number of shares of registrants common shares outstanding as of April 29, 2015 was 92,413,403.
HERBALIFE LTD. AND SUBSIDIARIES
CONDENSED CONSOLIDATED BALANCE SHEETS
(Unaudited)
See the accompanying notes to unaudited condensed consolidated financial statements.
2
HERBALIFE LTD. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF INCOME
(Unaudited)
| Three Months Ended | ||||||||
|
March 31,
2015 |
March 31,
2014 |
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| (In millions, except per share amounts) | ||||||||
|
Product sales |
$ | 1,028.3 | $ | 1,156.1 | ||||
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Shipping & handling revenues |
77.1 | 106.5 | ||||||
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Net sales |
1,105.4 | 1,262.6 | ||||||
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Cost of sales |
215.4 | 251.2 | ||||||
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Gross profit |
890.0 | 1,011.4 | ||||||
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Royalty overrides |
323.0 | 381.8 | ||||||
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Selling, general & administrative expenses |
431.4 | 502.1 | ||||||
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Operating income |
135.6 | 127.5 | ||||||
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Interest expense, net |
21.5 | 14.9 | ||||||
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Other expense, net |
2.3 | 3.2 | ||||||
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Income before income taxes |
111.8 | 109.4 | ||||||
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Income taxes |
33.6 | 34.8 | ||||||
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NET INCOME |
$ | 78.2 | $ | 74.6 | ||||
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Earnings per share: |
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Basic |
$ | 0.95 | $ | 0.78 | ||||
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Diluted |
$ | 0.92 | $ | 0.74 | ||||
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Weighted average shares outstanding: |
||||||||
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Basic |
82.3 | 95.4 | ||||||
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Diluted |
84.6 | 100.8 | ||||||
|
Dividends declared per share |
$ | | $ | 0.30 | ||||
See the accompanying notes to unaudited condensed consolidated financial statements.
3
HERBALIFE LTD. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME
(Unaudited)
| Three Months Ended | ||||||||
|
March 31,
2015 |
March 31,
2014 |
|||||||
| (In millions) | ||||||||
|
Net income |
$ | 78.2 | $ | 74.6 | ||||
|
Other comprehensive loss: |
||||||||
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Foreign currency translation adjustment, net of income taxes of $(1.9) and $(0.1) for the three months ended March 31, 2015 and 2014, respectively |
(54.9 | ) | (2.2 | ) | ||||
|
Unrealized gain (loss) on derivatives, net of income taxes of $0.6 and $(0.1) for the three months ended March 31, 2015 and 2014, respectively |
5.2 | (0.4 | ) | |||||
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Unrealized loss on available-for-sale investments, net of income taxes of $(0.2) and $(0.1) for the three months ended March 31, 2015 and 2014, respectively |
(0.3 | ) | (0.1 | ) | ||||
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Total other comprehensive loss |
(50.0 | ) | (2.7 | ) | ||||
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Total comprehensive income |
$ | 28.2 | $ | 71.9 | ||||
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See the accompanying notes to unaudited condensed consolidated financial statements.
4
HERBALIFE LTD. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
(Unaudited)
| Three Months Ended | ||||||||
|
March 31,
2015 |
March 31,
2014 |
|||||||
| (In millions) | ||||||||
|
CASH FLOWS FROM OPERATING ACTIVITIES |
||||||||
|
Net income |
$ | 78.2 | $ | 74.6 | ||||
|
Adjustments to reconcile net income to net cash provided by operating activities: |
||||||||
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Depreciation and amortization |
22.9 | 21.3 | ||||||
|
Excess tax benefits from share-based payment arrangements |
(2.5 | ) | (3.2 | ) | ||||
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Share-based compensation expenses |
11.1 | 11.0 | ||||||
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Non-cash interest expense |
12.2 | 7.2 | ||||||
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Deferred income taxes |
1.3 | (2.3 | ) | |||||
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Inventory write-downs |
4.9 | 11.0 | ||||||
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Unrealized foreign exchange transaction (gain) loss |
(18.3 | ) | 3.4 | |||||
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Foreign exchange loss from Venezuela currency devaluation |
32.6 | 86.1 | ||||||
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Impairments and write-downs relating to Venezuela currency devaluation |
3.7 | 3.2 | ||||||
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Other |
4.6 | 1.3 | ||||||
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Changes in operating assets and liabilities: |
||||||||
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Receivables |
(14.4 | ) | (18.0 | ) | ||||
|
Inventories |
15.0 | 14.2 | ||||||
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Prepaid expenses and other current assets |
10.8 | (23.8 | ) | |||||
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Other assets |
(6.2 | ) | (5.2 | ) | ||||
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Accounts payable |
(1.1 | ) | 6.2 | |||||
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Royalty overrides |
(23.0 | ) | (3.7 | ) | ||||
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Accrued expenses and accrued compensation |
22.5 | (12.5 | ) | |||||
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Advance sales deposits |
16.3 | 17.4 | ||||||
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Income taxes |
(10.6 | ) | (0.9 | ) | ||||
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Deferred compensation plan liability |
1.1 | 3.3 | ||||||
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NET CASH PROVIDED BY OPERATING ACTIVITIES |
161.1 | 190.6 | ||||||
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CASH FLOWS FROM INVESTING ACTIVITIES |
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Purchases of property, plant and equipment |
(22.8 | ) | (58.5 | ) | ||||
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Investments in Venezuelan bonds |
| (3.2 | ) | |||||
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Other |
6.1 | | ||||||
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NET CASH USED IN INVESTING ACTIVITIES |
(16.7 | ) | (61.7 | ) | ||||
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CASH FLOWS FROM FINANCING ACTIVITIES |
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Dividends paid |
| (30.4 | ) | |||||
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Dividends received |
| 3.4 | ||||||
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Payments for Capped Call Transactions |
| (123.8 | ) | |||||
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Proceeds from senior convertible notes |
| 1,150.0 | ||||||
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Principal payments on senior secured credit facility and other debt |
(25.0 | ) | (18.8 | ) | ||||
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Issuance costs relating to long-term debt and senior convertible notes |
| (28.9 | ) | |||||
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Share repurchases |
(9.0 | ) | (694.5 | ) | ||||
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Excess tax benefits from share-based payment arrangements |
2.5 | 3.2 | ||||||
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Proceeds from exercise of stock options and sale of stock under employee stock purchase plan |
0.4 | 0.1 | ||||||
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NET CASH (USED IN) PROVIDED BY FINANCING ACTIVITIES |
(31.1 | ) | 260.3 | |||||
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EFFECT OF EXCHANGE RATE CHANGES ON CASH |
(43.2 | ) | (100.3 | ) | ||||
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NET CHANGE IN CASH AND CASH EQUIVALENTS |
70.1 | 288.9 | ||||||
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CASH AND CASH EQUIVALENTS, BEGINNING OF PERIOD |
645.4 | 973.0 | ||||||
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CASH AND CASH EQUIVALENTS, END OF PERIOD |
$ | 715.5 | $ | 1,261.9 | ||||
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See the accompanying notes to unaudited condensed consolidated financial statements.
5
HERBALIFE LTD. AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(Unaudited)
1. Organization
Herbalife Ltd., a Cayman Islands exempt limited liability company, or Herbalife, was incorporated on April 4, 2002. Herbalife Ltd. (and together with its subsidiaries, the Company) is a global nutrition company that sells weight management, targeted nutrition, energy, sports & fitness, and outer nutrition products. As of March 31, 2015, the Company sold its products to and through a network of 4.1 million independent members, or Members, which included 0.3 million in China. In China, the Company sells its products through retail stores, sales representatives, sales officers and independent service providers. The Company reports revenue in six geographic regions: North America; Mexico; South and Central America; EMEA, which consists of Europe, the Middle East and Africa; Asia Pacific (excluding China); and China.
2. Significant Accounting Policies
Basis of Presentation
The unaudited condensed consolidated interim financial information of the Company has been prepared in accordance with Article 10 of the Securities and Exchange Commissions, or the SEC, Regulation S-X. Accordingly, as permitted by Article 10 of the SECs Regulation S-X, it does not include all of the information required by generally accepted accounting principles in the U.S., or U.S. GAAP, for complete financial statements. The condensed consolidated balance sheet at December 31, 2014 was derived from the audited financial statements at that date and does not include all the disclosures required by U.S. GAAP, as permitted by Article 10 of the SECs Regulation S-X. The Companys unaudited condensed consolidated financial statements as of March 31, 2015, and for the three months ended March 31, 2015 and 2014, include Herbalife and all of its direct and indirect subsidiaries. In the opinion of management, the accompanying financial information contains all adjustments, consisting of normal recurring adjustments, necessary to present fairly the Companys unaudited condensed consolidated financial statements as of March 31, 2015, and for the three months ended March 31, 2015 and 2014. These unaudited condensed consolidated financial statements should be read in conjunction with the Companys Annual Report on Form 10-K for the year ended December 31, 2014, or the 2014 10-K. Operating results for the three months ended March 31, 2015, are not necessarily indicative of the results that may be expected for the year ending December 31, 2015.
New Accounting Pronouncements
In May 2014, the Financial Accounting Standards Board, or FASB, issued Accounting Standards Update, or ASU, No. 2014-09, Revenue from Contracts with Customers (Topic 606) . The new revenue recognition standard provides a five-step analysis of transactions to determine when and how revenue is recognized. The core principle is that a company should recognize revenue to depict the transfer of promised goods or services to customers in an amount that reflects the consideration to which the entity expects to be entitled in exchange for those goods or services. This ASU is effective for annual periods beginning after December 15, 2016 and shall be applied either retrospectively to each period presented or as a cumulative-effect adjustment as of the date of adoption. The FASB has proposed delaying the effective date by one year. If the proposal is approved, early adoption would be permitted as of the original effective date. The Company is evaluating the potential impact of this adoption on its consolidated financial statements.
In June 2014, the FASB issued ASU No. 2014-12, CompensationStock Compensation (Topic 718): Accounting for Share-Based Payments When the Terms of an Award Provide That a Performance Target Could Be Achieved after the Requisite Service Period (a consensus of the FASB Emerging Issues Task Force) . This ASU clarifies that a performance target that affects vesting and that could be achieved after the requisite service period be treated as a performance condition. A reporting entity should apply existing guidance in Topic 718 as it relates to awards with performance conditions that affect vesting to account for such awards. As such, the performance target should not be reflected in estimating the grant-date fair value of the award. Compensation cost should be recognized in the period in which it becomes probable that the performance target will be achieved and should represent the compensation cost attributable to the period(s) for which the requisite service has already been rendered. This ASU is effective for annual periods, and interim periods within those years, beginning after December 15, 2015. Early adoption is permitted. This ASU may be applied either (a) prospectively to all awards granted or modified after the effective date or (b) retrospectively to all awards with performance targets that are outstanding as of the beginning of the earliest annual period presented in the financial statements and to all new or modified awards thereafter. The adoption of this guidance will not have a material impact on the Companys consolidated financial statements.
In August 2014, the FASB issued ASU No. 2014-15, Presentation of Financial Statements Going Concern (Subtopic 205-40). The purpose of this ASU is to incorporate into U.S. GAAP managements responsibility to evaluate whether there is substantial doubt about an entitys ability to continue as a going concern within one year after the date that the financial statements are issued (or within one year after the date that the financial statements are available to be issued when applicable), and to provide related footnote disclosures. This update is effective for the annual period ending after December 15, 2016, and for annual periods and interim periods thereafter. Early application is permitted. The adoption of this guidance will not have a material impact on the Companys consolidated financial statements.
6
In January 2015, the FASB issued ASU No. 2015-01, Income StatementExtraordinary and Unusual Items (Subtopic 225-20): Simplifying Income Statement Presentation by Eliminating the Concept of Extraordinary Items. This ASU is part of the FASBs initiative to reduce complexity in accounting standards. This ASU eliminates from U.S. GAAP the concept of extraordinary items, which were previously required to be segregated from the results of ordinary operations and shown separately in the income statement, net of tax, after income from continuing operations. Entities were also required to disclose applicable income taxes for the extraordinary item and either present or disclose earnings-per-share data applicable to the extraordinary item. Items which are considered both unusual and infrequent will now be presented separately within income from continuing operations in the income statement or disclosed in notes to the financial statements. This update is effective for fiscal years, and interim periods within those fiscal years, beginning after December 15, 2015. Companies may apply the ASU prospectively, or may also apply the amendments retrospectively to all prior periods presented in the financial statements. Early adoption is permitted provided that the guidance is applied from the beginning of the fiscal year of adoption. The adoption of this guidance will not have a material impact on the Companys consolidated financial statements.
In February 2015, the FASB issued ASU No. 2015-02, Consolidation (Topic 810): Amendments to the Consolidation Analysis. This ASU changes the analysis that reporting entities must perform to determine if certain types of legal entities should be consolidated. Specifically, the ASU focuses on 1) the variable interest entity, or VIE, evaluation of limited partnerships and similar legal entities, 2) eliminating the presumption that general partners should consolidate a limited partnership, 3) the consolidation analysis of reporting entities that are involved with VIEs, and 4) scope exceptions from consolidation guidance for reporting entities with interests in legal entities that are required to comply with or operate in accordance with requirements that are similar to those in Rule 2a-7 of the Investment Company Act of 1940 for registered money market funds. This update is effective for fiscal years, and interim periods within those fiscal years, beginning after December 15, 2015. Early adoption is permitted, including adoption in an interim period. If the ASU is adopted in an interim period, any adjustments should be reflected as of the beginning of the fiscal year that includes that interim period. The ASU may be applied using a modified retrospective approach by recording a cumulative-effect adjustment as of the beginning of the fiscal year of adoption. A reporting entity also may apply the amendments retrospectively. The Company is evaluating the potential impact of this adoption on its consolidated financial statements.
In April 2015, the FASB issued ASU No. 2015-03, InterestImputation of Interest (Subtopic 835-30): Simplifying the Presentation of Debt Issuance Costs. This ASU requires that debt issuance costs related to a recognized debt liability now be presented in the balance sheet as a direct deduction from the carrying amount of that debt liability, consistent with debt discounts. Under current U.S. GAAP, debt issuance costs are recognized as a deferred charge asset. The recognition and measurement guidance for debt issuance costs are not affected by the amendments in this ASU. This update is effective for fiscal years, and interim periods within those fiscal years, beginning after December 15, 2015. Early adoption is permitted for financial statements that have not been previously issued. A reporting entity should apply the amendments retrospectively, wherein the balance sheet of each individual period presented should be adjusted to reflect the period-specific effects of applying the ASU. The Company is evaluating the potential impact of this adoption on its consolidated financial statements.
In April 2015, the FASB issued ASU No. 2015-05, IntangiblesGoodwill and Other Internal-Use Software (Subtopic 350-40): Customers Accounting for Fees Paid in a Cloud Computing Arrangement. This ASU adds explicit guidance into U.S. GAAP regarding a customers accounting for fees paid in a cloud computing arrangement. The ASU provides guidance to customers about whether a cloud computing arrangement includes a software license. If a cloud computing arrangement includes a software license, then the customer should account for the software license element of the arrangement consistent with the acquisition of other software licenses. If a cloud computing arrangement does not include a software license, the customer should account for the arrangement as a service contract. This update is effective for fiscal years, and interim periods within those fiscal years, beginning after December 15, 2015. Early adoption is permitted. A reporting entity should apply the amendments either (1) prospectively to all arrangements entered into or materially modified after the effective date or (2) retrospectively. The Company is evaluating the potential impact of this adoption on its consolidated financial statements.
Venezuela
Herbalife Venezuela, the Companys Venezuelan subsidiary, currently imports its products into Venezuela. Foreign exchange controls in that country limit Herbalife Venezuelas ability to repatriate earnings and settle its intercompany obligations at any official rate. As a result, the Companys Bolivar-denominated cash and cash equivalents have continued to accumulate, increasing the potential impact of any currency devaluation. The current operating environment in Venezuela also continues to be challenging for the Companys Venezuela business, with high inflation, price controls, and the risk that the government will further devalue the Bolivar.
At December 31, 2014, the Company used the SICAD II rate of 50 Bolivars per U.S. dollar to remeasure Herbalife Venezuelas financial statements. In February 2015, the Venezuelan government announced the introduction of a modified three-tier exchange control system which consists of CENCOEX, SICAD, and a third new mechanism called the Marginal Currency System, or SIMADI, and the SICAD II exchange mechanism was terminated. On February 12, 2015, the SIMADI exchange mechanism opened at a rate of 170 Bolivars per U.S. dollar as published by the Venezuelan government. During the first quarter of 2015, the Company was awarded approximately $0.1 million U.S. dollars through the SIMADI exchange mechanism and the Companys ability to successfully exchange Bolivars to U.S. dollars continues to remain limited. At March 31, 2015, the SIMADI exchange rate was 192 Bolivars per U.S. dollar and the Company used this rate to remeasure its Venezuelan subsidiarys financial statements. The Company recognized $32.6 million in foreign exchange losses in selling, general & administrative expenses and $1.4 million of inventory write downs in cost of sales within its condensed consolidated statement of income for the three months ended March 31, 2015 related to the remeasurement of its Venezuelan subsidiarys financial statements.
Due to the evolving foreign exchange control environment in Venezuela, it is possible that the Companys ability to access certain foreign exchange mechanisms, including the SIMADI rate, could change in future periods which may have an impact on the rate the Company uses to remeasure Herbalife Venezuelas Bolivar-denominated assets and liabilities. If the Company continues using
7
the SIMADI rate for remeasurement purposes in future periods, any future U.S. dollars obtained through the more favorable SICAD mechanism could have a positive impact on the Companys consolidated net earnings. In addition, devaluations of the SIMADI rate, adoption of less favorable official rates by the Venezuelan government, or U.S. dollars obtained through less favorable alternative legal exchange mechanisms, could have a negative impact on the Companys future consolidated net earnings. The Company is closely monitoring the CENCOEX, SICAD, and SIMADI exchange mechanisms as they continue to evolve.
As a result of using the SICAD I rate for remeasurement at March 31, 2014, the Company recognized $86.1 million of foreign exchange losses in selling, general & administrative expenses within its condensed consolidated statement of income for the three months ended March 31, 2014.
As of March 31, 2015, Herbalife Venezuelas net monetary assets and liabilities denominated in Bolivars was approximately $11.0 million, and included approximately $11.5 million in Bolivar denominated cash and cash equivalents. As noted above, these Bolivar denominated assets and liabilities were remeasured at the SIMADI rate as of March 31, 2015. These remeasured amounts, including cash and cash equivalents, being reported on the Companys condensed consolidated balance sheet using the published SIMADI rate may not accurately represent the amount of U.S. dollars that the Company will ultimately realize. While the Company continues to monitor the exchange mechanisms and restrictions imposed by the Venezuelan government, and assess and monitor the current economic and political environment in Venezuela, there is no assurance that the Company will be able to exchange Bolivars into U.S. dollars on a timely basis. Herbalife Venezuelas net sales represented approximately 1% and 4% of the Companys consolidated net sales for the three months ended March 31, 2015 and 2014, respectively, and its total assets represented approximately 1% and 2% of the Companys consolidated total assets as of March 31, 2015 and December 31, 2014, respectively. As of March 31, 2015, the majority of Herbalife Venezuelas total assets consisted of Bolivar-denominated cash and cash equivalents.
See the Companys financial statements and related notes in the 2014 10-K for further information on Herbalife Venezuela and Venezuelas highly inflationary economy.
Investments in Bolivar-Denominated Bonds
The Company did not invest in any additional Bolivar-denominated bonds during the three months ended March 31, 2015. During the three months ended March 31, 2014, the Company invested in additional Bolivar-denominated bonds with a purchase price of 20.3 million Bolivars, or approximately $3.2 million, using the CADIVI rate. The Company classifies these bonds as long-term available-for-sale investments which are carried at fair value, inclusive of unrealized gains and losses, and net of discount accretion and premium amortization. The fair value of these bonds are determined using Level 2 inputs which include prices of similar assets traded in active markets in Venezuela and observable yield curves. Net unrealized gains and losses on these bonds are included in other comprehensive income (loss) and are net of applicable income taxes. As of March 31, 2015, the amortized cost of the Companys Venezuelan bonds was $1.1 million and the bonds had a market value of $0.9 million. As of March 31, 2015, the Companys Venezuelan bonds had contractual maturities due after five years. Expected disposal dates of the bonds may be less than the contractual maturity dates. During the three months ended March 31, 2015 and 2014, the Company did not sell any of its Venezuelan bonds.
The Company evaluates securities for other-than-temporary impairment on a quarterly basis. The impairment evaluation considers numerous factors, and their relative significance varies depending on the situation. Factors considered include the length of time and extent to which the market value has been less than cost; the financial condition and near-term prospects of the issuer of the securities; when applicable, the foreign exchange rates that are available to the Company; and the intent and ability of the Company to retain the security in order to allow for an anticipated recovery in fair value. If, based upon the analysis, it is determined that the impairment is other-than-temporary, the security is written-down to fair value, and a loss is recognized in other expense, net in the Companys condensed consolidated income statement. Other-than-temporary impairments relating to available-for-sale securities for the three months ended March 31, 2015 and 2014 was $2.3 million and $3.2 million, respectively, which were primarily due to unfavorable foreign exchange rates.
3. Inventories
Inventories consist primarily of finished goods available for resale. Inventories are stated at lower of cost (primarily on the first-in, first-out basis) or market. The following are the major classes of inventory:
|
March 31,
2015 |
December 31,
2014 |
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| (In millions) | ||||||||
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Raw materials |
$ | 34.5 | $ | 39.5 | ||||
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Work in process |
4.0 | 4.3 | ||||||
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Finished goods |
296.5 | 333.9 | ||||||
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Total |
$ | 335.0 | $ | 377.7 | ||||
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8
4. Long-Term Debt
Long-term debt consists of the following:
|
March 31,
2015 |
December 31,
2014 |
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| (In millions) | ||||||||
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Borrowings under the senior secured credit facility |
$ | 825.0 | $ | 850.0 | ||||
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Convertible senior notes, carrying value of liability component |
970.5 | 961.7 | ||||||
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Other debt |
17.3 | | ||||||
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Total |
1,812.8 | 1,811.7 | ||||||
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Less: current portion |
419.4 | 100.0 | ||||||
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Long-term portion |
$ | 1,393.4 | $ | 1,711.7 | ||||
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Senior Secured Credit Facility
On March 9, 2011, the Company entered into a $700.0 million senior secured revolving credit facility, or the Credit Facility, with a syndicate of financial institutions as lenders and terminated its prior senior secured credit facility, or the Prior Credit Facility. The Credit Facility has a five year maturity and expires on March 9, 2016. Based on the Companys consolidated leverage ratio, U.S. dollar borrowings under the Credit Facility bear interest at either LIBOR plus the applicable margin between 1.50% and 2.50% or the base rate plus the applicable margin between 0.50% and 1.50%. The base rate under the Credit Facility represents the highest of the Federal Funds Rate plus 0.50%, the one-month LIBOR plus 1.00%, and the prime rate offered by Bank of America. The Company, based on its consolidated leverage ratio, pays a commitment fee between 0.25% and 0.50% per annum on the unused portion of the Credit Facility. The Credit Facility also permits the Company to borrow limited amounts in Mexican Peso and Euro currencies based on variable rates. All obligations under the Credit Facility are unconditionally guaranteed by certain of the Companys subsidiaries and are secured by substantially all of the assets of the U.S. subsidiaries of the Companys parent, Herbalife Ltd.
In March 2011, the Company used $196.0 million in U.S. dollar borrowings under the Credit Facility to repay all amounts outstanding under the Prior Credit Facility. The Company incurred approximately $5.7 million of debt issuance costs in connection with the Credit Facility. These debt issuance costs were recorded as deferred financing costs on the Companys condensed consolidated balance sheet and are being amortized over the term of the Credit Facility.
On July 26, 2012, the Company amended the Credit Facility to include a $500.0 million term loan with a syndicate of financial institutions as lenders, or the Term Loan. The Term Loan is a part of the Credit Facility and is in addition to the Companys current revolving credit facility. The Term Loan matures on March 9, 2016. The Company will make regular scheduled payments for the Term Loan consisting of both principal and interest components. Based on the Companys consolidated leverage ratio, the Term Loan bears interest at either LIBOR plus the applicable margin between 1.50% and 2.50% or the base rate plus the applicable margin between 0.50% and 1.50% which are the same terms as the Companys revolving credit facility.
In July 2012, the Company used all $500.0 million of the borrowings under the Term Loan to pay down amounts outstanding under the Companys revolving credit facility. The Company incurred approximately $4.5 million of debt issuance costs in connection with the Term Loan. The debt issuance costs are recorded as deferred financing costs on the Companys condensed consolidated balance sheet and will be amortized over the life of the Term Loan.
In February 2014, in connection with issuing the $1.15 billion Convertible Notes described below, the Company amended the Credit Facility. Pursuant to this amendment, the Company amended the terms of the Credit Facility to provide for technical amendments to the indebtedness, asset sale and dividend covenants and the cross-default event of default to accommodate the issuance of the Convertible Notes and the capped call and prepaid forward share repurchase transactions described in greater detail in Note 10, Shareholders Deficit . The amendment also increased by 0.50% the highest applicable margin payable by Herbalife in the event that Herbalifes consolidated total leverage ratio is equal to or exceeds 2.50 to 1.00 and increased the permitted consolidated total leverage ratio of Herbalife under the Credit Facility. The Company incurred approximately $2.3 million of debt issuance costs in connection with the amendment. The debt issuance costs are recorded as deferred financing costs on the Companys condensed consolidated balance sheet and will be amortized over the life of the Credit Facility. On March 31, 2015 and December 31, 2014, the weighted average interest rate for borrowings under the Credit Facility, including borrowings under the Term Loan, was 2.69% and 3.04%, respectively.
The Credit Facility requires the Company to comply with a leverage ratio and a coverage ratio. In addition, the Credit Facility contains customary covenants, including covenants that limit or restrict the Companys ability to incur liens, incur indebtedness, make investments, dispose of assets, make certain restricted payments, pay dividends, repurchase its common shares, merge or consolidate and enter into certain transactions with affiliates. As of March 31, 2015 and December 31, 2014, the Company was compliant with its debt covenants under the Credit Facility.
9
During the three months ended March 31, 2015, the Company repaid a total amount of $25.0 million under the Credit Facility. As of March 31, 2015 and December 31, 2014, the U.S. dollar amount outstanding under the Credit Facility was $825.0 million and $850.0 million, respectively. Of the $825.0 million U.S. dollar amount outstanding under the Credit Facility as of March 31, 2015, $325.0 million was outstanding on the Term Loan and $500.0 million was outstanding on the revolving credit facility. Of the $850.0 million U.S. dollar amount outstanding under the Credit Facility as of December 31, 2014, $350.0 million was outstanding on the Term Loan and $500.0 million was outstanding on the revolving credit facility. There were no outstanding foreign currency borrowings as of March 31, 2015 and December 31, 2014 under the Credit Facility.
The fair value of the outstanding borrowings on the Companys revolving credit facility and Term Loan approximated their carrying values as of March 31, 2015, due to their variable interest rates which reprice frequently and represent floating market rates. The fair value of the outstanding borrowings on the Companys revolving credit facility and Term Loan are determined by utilizing Level 2 inputs as defined in Note 12, Fair Value Measurements , such as observable market interest rates and yield curves. See Note 14, Subsequent Events , for further information on the amendment to the Credit Facility.
Convertible Senior Notes
During February 2014, the Company initially issued $1 billion aggregate principal amount of convertible senior notes, or Convertible Notes, in a private offering to qualified institutional buyers, pursuant to Rule 144A under the Securities Act of 1933, as amended. The Company granted an option to the initial purchasers to purchase up to an additional $150 million aggregate principal amount of Convertible Notes which was subsequently exercised in full during February 2014, resulting in a total issuance of $1.15 billion aggregate principal amount of Convertible Notes. The Convertible Notes are senior unsecured obligations which rank effectively subordinated to any of our existing and future secured indebtedness, including amounts outstanding under the Credit Facility, to the extent of the value of the assets securing such indebtedness. The Convertible Notes pay interest at a rate of 2.00% per annum payable semiannually in arrears on February 15 and August 15 of each year, beginning on August 15, 2014. The Convertible Notes mature on August 15, 2019, unless earlier repurchased or converted. The Company may not redeem the Convertible Notes prior to their stated maturity date. Holders of the Convertible Notes may convert their notes at their option under the following circumstances: (i) during any calendar quarter commencing after the calendar quarter ending March 31, 2014, if the last reported sale price of the Companys common shares for at least 20 trading days (whether or not consecutive) in a period of 30 consecutive trading days ending on, and including, the last trading day of the immediately preceding calendar quarter exceeds 130% of the conversion price for the Convertible Notes on each applicable trading day; (ii) during the five business-day period immediately after any five consecutive trading day period, or the measurement period, in which the trading price per $1,000 principal amount of Convertible Notes for each trading day of that measurement period was less than 98% of the product of the last reported sale price of the Companys common shares and the conversion rate for the Convertible Notes for each such day; or (iii) upon the occurrence of specified corporate events. On and after May 15, 2019, holders may convert their Convertible Notes at any time, regardless of the foregoing circumstances. Upon conversion, the Convertible Notes will be settled in cash and, if applicable, the Companys common shares, based on the applicable conversion rate at such time. The Convertible Notes had an initial conversion rate of 11.5908 common shares per $1,000 principal amount of the Convertible Notes (which is equal to an initial conversion price of approximately $86.28 per common share).
The Company incurred approximately $26.6 million of issuance costs during the first quarter of 2014 relating to the issuance of the Convertible Notes. Of the $26.6 million issuance costs incurred, $21.5 million and $5.1 million were recorded to deferred financing costs and additional paid-in capital, respectively, in proportion to the allocation of the proceeds of the Convertible Notes. The $21.5 million recorded to deferred financing costs on the Companys condensed consolidated balance sheet is being amortized over the contractual term of the Convertible Notes using the effective interest method.
During February 2014, the $1.15 billion proceeds received from the issuance of the Convertible Notes were initially allocated between long-term debt, or liability component, and additional paid-in-capital, or equity component, within the Companys condensed consolidated balance sheet at $930.9 million and $219.1 million, respectively. The liability component was measured using the nonconvertible debt interest rate. The carrying amount of the equity component representing the conversion option was determined by deducting the fair value of the liability component from the face value of the Convertible Notes as a whole. Since the Company must still settle these Convertible Notes at face value at or prior to maturity, this liability component will be accreted up to its face value resulting in additional non-cash interest expense being recognized within the Companys condensed consolidated statements of income while the Convertible Notes remain outstanding. The effective interest rate on the Convertible Notes is approximately 6.2% per annum. The equity component is not remeasured as long as it continues to meet the conditions for equity classification.
As of March 31, 2015, the outstanding principal on the Convertible Notes was $1.15 billion, the unamortized debt discount was $179.5 million, and the carrying amount of the liability component was $970.5 million, which was recorded to long-term debt within the Companys condensed consolidated balance sheet as reflected in the table above within this Note. As of March 31, 2015, the fair
10
value of the liability component relating to the Convertible Notes was approximately $866.2 million. At March 31, 2015, the Company determined the fair value of the liability component of the Convertible Notes using two valuation methods. The Company reviewed market data that was available for publicly traded, senior, unsecured nonconvertible corporate bonds issued by companies with similar credit ratings. Assumptions used in the estimate represent what market participants would use in pricing the liability component, including market yields and credit standing to develop the straight debt yield estimate. The Company also used a lattice model, which included inputs such as stock price, the Convertible Note trading price, volatility and dividend yield as of March 31, 2015, to estimate the straight debt yield. The Company combined the results of the two valuation methods to determine the fair value of the liability component of the Convertible Notes. Most of these inputs are primarily considered Level 2 and Level 3 inputs. This valuation approach was similar to the approach the Company used to determine the initial fair value of the liability component of the Convertible Notes on the February 7, 2014 issuance date.
In conjunction with the issuance of the Convertible Notes, during February 2014, the Company paid approximately $685.8 million to enter into prepaid forward share repurchase transactions, or the Forward Transactions, with certain financial institutions, and paid approximately $123.8 million to enter into capped call transactions with respect to its common shares, or the Capped Call Transactions, with certain financial institutions. See Note 10, Shareholders Deficit , for additional discussion on the Forward Transactions and Capped Call Transactions entered into in conjunction with the issuance of these Convertible Notes.
During the three months ended March 31, 2015, the Company recognized $15.2 million of interest expense relating to the Convertible Notes, which included $8.8 million relating to non-cash interest expense relating to the debt discount and $0.9 million relating to amortization of deferred financing costs. During the three months ended March 31, 2014, the Company recognized $8.8 million of interest expense relating to the Convertible Notes, which included $4.9 million relating to non-cash interest expense relating to the debt discount and $0.5 million relating to amortization of deferred financing costs. The Companys total interest expense, including the Credit Facility, was $23.4 million and $17.8 million, for the three months ended March 31, 2015 and 2014, respectively, which was recognized within its condensed consolidated statement of income.
As of March 31, 2015, the aggregate annual maturities of the Credit Facility were expected to be $75.0 million for the remainder of 2015 and $750.0 million for 2016. On May 4, 2015, the Credit Facility was amended, as described in Note 14, Subsequent Events . Pursuant to the amended Credit Facility, the aggregate annual maturities are now expected to be $174.6 million for the remainder of 2015, $229.7 million for 2016, and $420.7 million for 2017. The $1.15 billion Convertible Notes are due 2019.
Certain vendors and government agencies may require letters of credit or similar guaranteeing arrangements to be issued or executed. As of March 31, 2015, the Company had $36.5 million of issued but undrawn letters of credit or similar arrangements, which included the Mexico Value Added Tax, or VAT, related surety bonds described in Note 5, Contingencies .
5. Contingencies
The Company is from time to time engaged in routine litigation. The Company regularly reviews all pending litigation matters in which it is involved and establishes reserves deemed appropriate by management for these litigation matters when a probable loss estimate can be made.
As a marketer of foods, dietary and nutritional supplements, and other products that are ingested by consumers or applied to their bodies, the Company has been and is currently subjected to various product liability claims. The effects of these claims to date have not been material to the Company, and the reasonably possible range of exposure on currently existing claims is not material to the Company. The Company believes that it has meritorious defenses to the allegations contained in the lawsuits. The Company currently maintains product liability insurance with an annual deductible of $15 million.
Certain of the Companys subsidiaries have been subject to tax audits by governmental authorities in their respective countries. In certain of these tax audits, governmental authorities are proposing that significant amounts of additional taxes and related interest and penalties are due. The Company and its tax advisors believe that there are substantial defenses to governmental allegations that significant additional taxes are owed, and the Company is vigorously contesting the additional proposed taxes and related charges. On May 7, 2010, the Company received an assessment from the Mexican Tax Administration Service in an amount equivalent to approximately $75 million, translated at the March 31, 2015 spot rate, for various items, the majority of which was Value Added Tax, or VAT, allegedly owed on certain of the Companys products imported into Mexico during the years 2005 and 2006. This assessment is subject to interest and inflationary adjustments. On July 8, 2010, the Company initiated a formal administrative appeal process. On May 13, 2011, the Mexican Tax Administration Service issued a resolution on the Companys administrative appeal. The resolution nullified the assessment. Since the Mexican Tax Administration Service can further review the tax audit findings and re-issue some or all of the original assessment, the Company commenced litigation in the Tax Court of Mexico in August 2011 to dispute the assertions made by the Mexican Tax Administration Service in the case. The Company received notification on February 6, 2015 that the Tax Court of Mexico nullified substantially all of the assessment. On March 18, 2015, the Mexican Tax Administration Service filed an appeal against the verdict with the Circuit Court. The Company is currently preparing its response to that appeal.
The Mexican Tax Administration Service commenced audits of the Companys Mexican subsidiaries for the period from January to September 2007 and on May 10, 2013, the Company received an assessment of approximately $19 million, translated at the March 31, 2015 spot rate, related to that period. On July 11, 2013, the Company filed an administrative appeal disputing the assessment. In addition, the Mexican Tax Administration Service has requested additional information in response to Company filings
11
for VAT refunds. On September 22, 2014, the Mexican Tax Administration Service denied the Companys administrative appeal. The Company commenced litigation in the Tax Court of Mexico in November 2014 to dispute the assertions made by the Mexican Tax Administration Service in the case. The Company issued a surety bond in the amount of $20.9 million, translated at the March 31, 2015 spot rate, through an insurance company to guarantee payment of the tax assessment as required while the Company pursues an appeal of the assessment. Litigation in this case is currently ongoing. The Company has not recognized a loss as the Company does not believe a loss is probable.
The Mexican Tax Administration Service audited the Companys Mexican subsidiaries for the 2011 year. The audit focused on importation and VAT issues. On June 25, 2013, the Mexican Tax Administration Service closed the audit of the 2011 year without any assessment.
The Company has not recognized a loss with respect to any of these Mexican matters as the Company, based on its analysis and guidance from its advisors, does not believe a loss is probable. Further, the Company is currently unable to reasonably estimate a possible loss or range of loss that could result from an unfavorable outcome if an assessment was re-issued or any additional assessments were to be issued for these or other periods. The Company believes that it has meritorious defenses if the assessment is re-issued or would have meritorious defenses if any additional assessment is issued.
The Mexican Tax Administration Service has requested information related to the Companys 2010 year. This information has been provided. In addition, the Mexican Tax Administration Service requested information related to the Companys 2012 year. This information has been provided. The Mexican Tax Administration Service may request additional information or audit additional periods.
The Mexican Tax Administration Service has delayed processing VAT refunds for companies operating in Mexico and the Company believes that the process for its Mexico subsidiary to receive VAT refunds may be delayed. In March 2015, the Company commenced litigation in the Tax Court of Mexico to reclaim the VAT refund pertaining specifically to the July 2013 period. As of March 31, 2015, the Company had $54.1 million of Mexico VAT related assets within other assets on its consolidated balance sheet. This amount relates to VAT payments made over various periods. The Company has not recognized any losses related to these VAT related assets as the Company does not believe a loss is probable.
On March 26, 2015, the Office of the President of Mexico issued a decree relating to the application of VAT to Nutritional Supplements. The Company continues to believe its application of the VAT law in Mexico is correct. At March 31, 2015, the Company has not recognized any losses as the Company, based on its current analysis and guidance from its advisors, does not believe a loss is probable. The Company continues to evaluate and monitor its situation as it develops, including whether it will make any changes to its operations in Mexico.
The Company received a tax assessment in September 2009 from the Federal Revenue Office of Brazil in an amount equivalent to approximately $2.6 million, translated at the March 31, 2015 spot rate, related to withholding/contributions based on payments to the Companys Members during 2004. On December 28, 2010, the Company appealed this tax assessment to the Administrative Council of Tax Appeals (2nd level administrative appeal). The Company believes it has meritorious defenses and it has not recognized a loss as the Company does not believe a loss is probable. On March 6, 2014, the Company was notified of a similar audit of the 2011 year. This audit is ongoing. The Company is currently unable to reasonably estimate the amount of the loss that may result from an unfavorable outcome if additional assessments for other periods were to be issued.
The Companys Brazilian subsidiary pays ICMS-ST taxes on its product purchases, similar to VAT. The Company believes it will be able to utilize or recover these ICMS-ST credits in the future. As of March 31, 2015, the Company had $14.1 million of Brazil ICMS-ST related assets within other assets on its consolidated balance sheet. At March 31, 2015, the Company has not recognized any losses related to these ICMS-ST related assets as the Company does not believe a loss is probable.
The Korea Customs Service is currently auditing the importation activities of Herbalife Korea for the periods 2010 and later. If an assessment is issued, the Company would likely be required to pay the amount requested in order to appeal the assessment. Based on the Companys analysis and guidance from its advisors, the Company does not believe a loss is probable. Further, the Company is currently unable to reasonably estimate a possible loss or range of loss.
Bostick, et al., v. Herbalife Intl of Am., Inc., et al. On April 8, 2013, Herbalife Ltd. and certain of its subsidiaries were named as defendants in a suit filed in the U.S. District Court for the Central District of California, challenging Herbalifes marketing practices and business structure under California laws prohibiting endless chain schemes, unfair and deceptive business practices, and false advertising, as well as federal RICO statutes. On July 7, 2014, the complaint was amended to add additional plaintiffs. The plaintiffs seek damages in an unspecified amount. The federal RICO claim was dismissed. While the Company continues to believe the suit is without merit, and without in any way admitting liability or wrongdoing, the Company and the plaintiffs reached a settlement. Under the terms of the settlement, the Company would (i) pay $15 million into a fund to be distributed to qualified claimants and (ii) accept up to a maximum amount of $2.5 million in product returns from qualified claimants. The court granted preliminary approval of the settlement on December 2, 2014 and conditionally certified a class. The final approval hearing is set for May 11, 2015. As of March 31, 2015, these amounts were adequately reserved for in the Companys financial statements. The Company has transferred $15 million to an escrow account which was included in prepaid expenses and other current assets within its consolidated balance sheet as of March 31, 2015.
12
In re Herbalife, Ltd. Securities Litigation (formerly captioned Awad v. Herbalife Ltd., et al. ). On April 14, 2014, Herbalife Ltd. and certain of its officers were named as defendants in a purported stockholder class action, filed in the U.S. District Court for the Central District of California and asserting claims under the Securities Exchange Act of 1934. The complaint alleged that the Company and certain officers made material misstatements concerning the Companys finances and business practices, and contended that the Company is operating a pyramid scheme. The initial complaint sought to represent a class of investors that had purchased shares of the Companys common stock between May 4, 2010 and April 11, 2014. On July 30, 2014, the Court approved the appointment of different shareholders as lead plaintiffs and approved their selection of counsel. On September 18, 2014, these lead plaintiffs filed an Amended Class Action Complaint for Violation of the Federal Securities Laws against the Company, and certain of its officers. The Amended Complaint brings claims for unspecified damages under the Securities Exchange Act of 1934, as amended, alleges that the defendants made material misstatements that fundamentally misrepresented the nature, scope and legality of the Companys business and operations to consumers and investors alike, and further alleges that the Company is one of the most sophisticated pyramid schemes in history. The lead plaintiffs seek to represent a class of all persons or entities that purchased shares of the Companys common stock between February 23, 2011 and July 29, 2014. On March 16, 2015, the Court granted Defendants motion to dismiss all claims in the Amended Complaint with leave to file an amended complaint and dismissed one of the shareholders as lead plaintiff. If a plaintiff elects to file an amended complaint again, it must do so by May 8, 2015. The Company intends to vigorously defend this purported class action suit. The Company has not recognized a loss as it does not believe a loss is probable. Further, the Company is currently unable to reasonably estimate a possible loss or range of loss.
U.S. Federal Trade Commission Civil Investigative Demand. As previously disclosed, the Company received from the U.S. Federal Trade Commission, or the FTC, a Civil Investigative Demand, or a CID, relating to the FTCs confidential investigation of whether the Company has complied with federal law in the advertising, marketing, or sale of business opportunities. Pursuant to the CID, as supplemented, the FTC has requested from the Company documents and other information for the time period commencing January 1, 2009 to the present. The Company is cooperating with the investigation and cannot predict the eventual scope, duration or outcome of the investigation at this time.
Since late 2012, a short seller has made and continues to make allegations regarding the Company and its network marketing program. The Company believes these allegations are without merit and is vigorously defending itself against such claims, including proactively reaching out to governmental authorities about what the Company believes is manipulative activity with respect to its securities. Because of these allegations, the Company and others have received and may receive additional regulatory and governmental inquiries. For example, the Company has previously disclosed inquiries from the Federal Trade Commission, Securities and Exchange Commission and other governmental authorities. The Department of Justice recently sought information from the Company, certain of its Members and others regarding allegations being made about the business practices of the Company and its Members. In the future, these and other governmental authorities may determine to seek information from the Company and other persons relating to these same or other allegations. If the Company believes any governmental or regulatory inquiry or investigation is or becomes material it will be disclosed individually. Consistent with its policies, the Company has cooperated and will continue to fully cooperate with any governmental or regulatory inquiries or investigations.
These matters may take several years to resolve. While the Company believes it has meritorious defenses, it cannot be sure of their ultimate resolution. Although the Company may reserve amounts for certain matters that the Company believes represent the most likely outcome of the resolution of these related disputes, if the Company is incorrect in its assessment, the Company may have to record additional expenses, when it becomes probable that an increased potential liability is warranted.
6. Segment Information
The Company is a nutrition company that sells a wide range of weight management, targeted nutrition, energy, sports & fitness, and outer nutrition products. The Companys products are manufactured by third party providers and by the Company in its Changsha, Hunan, China extraction facility, Suzhou, China facility, Lake Forest, California facility, and in its Winston-Salem, North Carolina facility, and then are sold to Members who consume and sell Herbalife products to retail consumers or other Members. Revenues reflect sales of products by the Company to its Members and are categorized based on geographic location.
As of March 31, 2015, the Company sold products in 91 countries throughout the world and was organized and managed by geographic regions. The Company aggregates its operating segments, excluding China, into one reporting segment, or the Primary Reporting Segment, as management believes that the Companys operating segments have similar operating characteristics and similar long term operating performance. In making this determination, management believes that the operating segments are similar in the nature of the products sold, the product acquisition process, the types of customers to whom products are sold, the methods used to distribute the products, the nature of the regulatory environment, and their economic characteristics. China has been identified as a separate reporting segment as it does not meet the criteria for aggregation. The operating information for the Primary Reporting Segment and China, and sales by product line are as follows:
13
| Three Months Ended | ||||||||
|
March 31,
2015 |
March 31,
2014 |
|||||||
| (In millions) | ||||||||
|
Net Sales: |
||||||||
|
Primary Reporting Segment |
||||||||
|
United States(4) |
$ | 221.9 | $ | 242.3 | ||||
|
Mexico |
123.6 | 142.7 | ||||||
|
South Korea |
71.8 | 99.0 | ||||||
|
Others |
523.9 | 642.8 | ||||||
|
|
|
|
|
|||||
|
Total Primary Reporting Segment |
941.2 | 1,126.8 | ||||||
|
China |
164.2 | 135.8 | ||||||
|
|
|
|
|
|||||
|
Total Net Sales |
$ | 1,105.4 | $ | 1,262.6 | ||||
|
|
|
|
|
|||||
|
Contribution Margin(1)(2): |
||||||||
|
Primary Reporting Segment |
||||||||
|
United States(4) |
$ | 92.2 | $ | 103.9 | ||||
|
Mexico |
58.7 | 61.4 | ||||||
|
South Korea |
41.6 | 55.4 | ||||||
|
Others |
226.5 | 284.5 | ||||||
|
|
|
|
|
|||||
|
Total Primary Reporting Segment |
419.0 | 505.2 | ||||||
|
China |
148.0 | 124.4 | ||||||
|
|
|
|
|
|||||
|
Total Contribution Margin |
$ | 567.0 | $ | 629.6 | ||||
|
|
|
|
|
|||||
|
Selling, general and administrative expenses(2) |
431.4 | 502.1 | ||||||
|
Interest expense, net |
21.5 | 14.9 | ||||||
|
Other expense, net |
2.3 | 3.2 | ||||||
|
|
|
|
|
|||||
|
Income before income taxes |
111.8 | 109.4 | ||||||
|
Income taxes |
33.6 | 34.8 | ||||||
|
|
|
|
|
|||||
|
Net Income |
$ | 78.2 | $ | 74.6 | ||||
|
|
|
|
|
|||||
|
Net sales by product line: |
||||||||
|
Weight Management |
$ | 703.9 | $ | 807.6 | ||||
|
Targeted Nutrition |
251.9 | 284.0 | ||||||
|
Energy, Sports and Fitness |
60.1 | 66.7 | ||||||
|
Outer Nutrition |
35.4 | 39.7 | ||||||
|
Literature, promotional and other(3) |
54.1 | 64.6 | ||||||
|
|
|
|
|
|||||
|
Total Net Sales |
$ | 1,105.4 | $ | 1,262.6 | ||||
|
|
|
|
|
|||||
|
Net sales by geographic region: |
||||||||
|
North America |
$ | 226.7 | $ | 247.8 | ||||
|
Mexico |
123.6 | 142.7 | ||||||
|
South and Central America |
161.7 | 244.7 | ||||||
|
EMEA |
186.4 | 211.2 | ||||||
|
Asia Pacific |
242.8 | 280.4 | ||||||
|
China |
164.2 | 135.8 | ||||||
|
|
|
|
|
|||||
|
Total Net Sales |
$ | 1,105.4 | $ | 1,262.6 | ||||
|
|
|
|
|
|||||
| (1) | Contribution margin consists of net sales less cost of sales and royalty overrides. |
| (2) | Service fees to China independent service providers totaling $78.7 million and $61.6 million for the three months ended March 31, 2015 and 2014, respectively, are included in selling, general and administrative expenses while Member compensation for all other countries is included in contribution margin. |
| (3) | Product buybacks and returns in all product categories are included in the literature, promotional and other category. |
14
| (4) | Net sales and contribution margin for 2014 within the Primary Reporting Segment information have been revised to correct a misclassification. As a result, United States net sales and contribution margin have been increased by $8.3 million and $3.3 million, respectively, while Others net sales and contribution margin have been decreased by the same amounts. |
As of March 31, 2015 and December 31, 2014, total assets for the Companys Primary Reporting Segment were $2,038.8 million and $2,066.2 million, respectively. Total assets for the China segment were $350.1 million and $308.7 million as of March 31, 2015 and December 31, 2014, respectively. As of March 31, 2015 and December 31, 2014, goodwill allocated to the Companys reporting units included in the Companys Primary Reporting Segment was $93.1 million and $98.8 million, respectively. As of March 31, 2015 and December 31, 2014, goodwill allocated to the China segment was $3.4 million for both periods.
7. Share-Based Compensation
The Company has share-based compensation plans, which are more fully described in Note 9, Share-Based Compensation , to the Consolidated Financial Statements in the 2014 10-K. During the three months ended March 31, 2015, the Company granted stock awards subject to service conditions, and service and performance conditions, consisting of stock appreciation rights, or SARs, each with vesting terms fully described in the 2014 10-K.
In March 2015, the Company also granted SARs with service and market conditions to certain employees. These SARs vest on the third anniversary of grant subject to the employees continued employment through that date and the achievement of certain conditions related to the market value of the Companys common shares. The fair value of these SARs was determined on the date of the grant using the Monte Carlo lattice model.
For the three months ended March 31, 2015 and 2014, share-based compensation expense amounted to $11.1 million and $11.0 million, respectively. As of March 31, 2015, the total unrecognized compensation cost related to all non-vested stock awards was $80.2 million and the related weighted-average period over which it is expected to be recognized is approximately 1.7 years.
The following tables summarize the activity under all share-based compensation plans for the three months ended March 31, 2015:
|
Stock Options & SARs |
Awards |
Weighted
Average Exercise Price |
Weighted
Average Remaining Contractual Term |
Aggregate
Intrinsic Value(1) |
||||||||||||
| (In thousands) | (In millions) | |||||||||||||||
|
Outstanding at December 31, 2014 (3) |
11,169 | $ | 37.46 | 5.4 years | $ | 110.6 | ||||||||||
|
Granted(5) |
3,181 | $ | 30.46 | |||||||||||||
|
Exercised |
(1,775 | ) | $ | 21.90 | ||||||||||||
|
Forfeited |
(30 | ) | $ | 55.50 | ||||||||||||
|
|
|
|||||||||||||||
|
Outstanding at March 31, 2015(2) (3) |
12,545 | $ | 37.84 | 6.8 years | $ | 141.2 | ||||||||||
|
|
|
|||||||||||||||
|
Exercisable at March 31, 2015 (4) |
5,802 | $ | 28.94 | 4.7 years | $ | 101.7 | ||||||||||
|
|
|
|||||||||||||||
| (1) | The intrinsic value is the amount by which the current market value of the underlying stock exceeds the exercise price of the stock awards. |
| (2) | Includes 0.1 million market condition SARs. |
| (3) | Includes 1.0 million and 2.2 million performance condition SARs as of December 31, 2014 and March 31, 2015, respectively. |
| (4) | Includes 0.1 million performance condition SARs. |
| (5) | Includes 0.1 million market condition and 1.2 million performance condition SARs. |
The weighted-average grant date fair value of SARs granted during the three months ended March 31, 2015 and 2014 was $12.18 and $28.68, respectively. The total intrinsic value of stock options and SARs exercised during the three months ended March 31, 2015 and 2014 was $17.6 million and $14.8 million, respectively.
|
Incentive Plan and Independent Directors Stock Units |
Shares |
Weighted
Average Grant Date Fair Value |
||||||
| (In thousands) | ||||||||
|
Outstanding and nonvested December 31, 2014 |
33 | $ | 63.67 | |||||
|
Granted |
| | ||||||
|
Vested |
(1 | ) | $ | 59.98 | ||||
|
Forfeited |
(2 | ) | $ | 59.98 | ||||
|
|
|
|||||||
|
Outstanding and nonvested at March 31, 2015 |
30 | $ | 63.97 | |||||
|
|
|
|||||||
15
The total vesting date fair value of stock units which vested during the three months ended March 31, 2015 was less than $0.1 million. The total vesting date fair value of stock units which vested during the three months ended March 31, 2014 was $8.2 million.
The Company recognizes excess tax benefits associated with share-based compensation to shareholders deficit only when realized. When assessing whether excess tax benefits relating to share-based compensation have been realized, the Company follows the with-and-without approach. Under this approach, excess tax benefits related to share-based compensation are not deemed to be realized until after the utilization of all other tax benefits available to the Company, which are also subject to applicable limitations. As of March 31, 2015 and December 31, 2014, the Company had $24.2 million and $23.6 million, respectively, of unrealized excess tax benefits.
8. Income Taxes
Income taxes were $33.6 million for the three months ended March 31, 2015, as compared to $34.8 million for the same period in 2014. The effective income tax rate was 30.1% for the three months ended March 31, 2015, as compared to 31.8% for the same period in 2014. The decrease in the effective tax rate for the three months ended March 31, 2015, as compared to the same period in 2014, was primarily due to a decrease in net expenses from discrete events, partially offset by the impact of changes in the geographic mix of the Companys income.
As of March 31, 2015, the total amount of unrecognized tax benefits, including related interest and penalties was $50.6 million. If the total amount of unrecognized tax benefits was recognized, $40.5 million of unrecognized tax benefits, $6.1 million of interest and $1.3 million of penalties would impact the effective tax rate.
The Company believes that it is reasonably possible that the amount of unrecognized tax benefits could decrease by up to approximately $10.8 million within the next twelve months. Of this possible decrease, $6.2 million would be due to the settlement of audits or resolution of administrative or judicial proceedings. The remaining possible decrease of $4.6 million would be due to the expiration of statute of limitations in various jurisdictions.
9. Derivative Instruments and Hedging Activities
Foreign Currency Instruments
The Company also designates certain foreign currency derivatives, primarily comprised of foreign currency forward contracts, as freestanding derivatives for which hedge accounting does not apply. The changes in the fair market value of these freestanding derivatives are included in selling, general and administrative expenses in the Companys condensed consolidated statements of income. The Company uses freestanding foreign currency derivatives to hedge foreign-currency-denominated intercompany transactions and to partially mitigate the impact of foreign currency fluctuations. The fair value of the freestanding foreign currency derivatives is based on third-party quotes. The Companys foreign currency derivative contracts are generally executed on a monthly basis.
The Company designates as cash-flow hedges those foreign currency forward contracts it enters into to hedge forecasted inventory purchases and intercompany management fees that are subject to foreign currency exposures. Forward contracts are used to hedge forecasted inventory purchases over specific months. Changes in the fair value of these forward contracts, excluding forward points, designated as cash-flow hedges are recorded as a component of accumulated other comprehensive income (loss) within shareholders deficit, and are recognized in cost of sales in the condensed consolidated statement of income during the period which approximates the time the hedged inventory is sold. The Company also hedges forecasted intercompany management fees over specific months. These contracts allow the Company to sell Euros in exchange for U.S. dollars at specified contract rates. Changes in the fair value of these forward contracts designated as cash flow hedges are recorded as a component of accumulated other comprehensive income (loss) within shareholders deficit, and are recognized in selling, general and administrative expenses in the condensed consolidated statement of income during the period when the hedged item and underlying transaction affect earnings.
As of March 31, 2015 and December 31, 2014, the aggregate notional amounts of all foreign currency contracts outstanding designated as cash flow hedges were approximately $201.6 million and $225.3 million, respectively. At March 31, 2015, these outstanding contracts were expected to mature over the next twelve months. The Companys derivative financial instruments are recorded on the condensed consolidated balance sheet at fair value based on third-party quotes. As of March 31, 2015, the Company recorded assets at fair value of $18.2 million and liabilities at fair value of $6.1 million relating to all outstanding foreign currency contracts designated as cash-flow hedges. As of December 31, 2014, the Company recorded assets at fair value of $12.3 million and liabilities at fair value of $1.6 million relating to all outstanding foreign currency contracts designated as cash-flow hedges. The Company assesses hedge effectiveness and measures hedge ineffectiveness at least quarterly. During the three months ended March 31, 2015 and 2014, the ineffective portion relating to these hedges was immaterial and the hedges remained effective as of March 31, 2015 and December 31, 2014.
16
As of March 31, 2015 and December 31, 2014, the majority of the Companys outstanding foreign currency forward contracts had maturity dates of less than twelve months with the majority of freestanding derivatives expiring within three and two months as of March 31, 2015 and December 31, 2014, respectively. As of March 31, 2015, the Company had aggregate notional amounts of approximately $419.1 million of foreign currency contracts, inclusive of freestanding contracts and contracts designated as cash flow hedges.
Gains and Losses on Derivative Instruments
The following table summarizes gains (losses) relating to derivative instruments recorded in other comprehensive income (loss) during the three months ended March 31, 2015 and 2014:
|
Amount of Gain (Loss) Recognized
in Other Comprehensive Income (Loss) |
||||||||
| For the Three Months Ended | ||||||||
| March 31, 2015 | March 31, 2014 | |||||||
| (In millions) | ||||||||
|
Derivatives designated as hedging instruments: |
||||||||
|
Foreign exchange currency contracts relating to inventory and intercompany management fee hedges |
$ | 7.2 | $ | (0.2 | ) | |||
The following table summarizes gains (losses) relating to derivative instruments recorded to income during the three months ended March 31, 2015 and 2014:
|
Location of Gain
(Loss) Recognized in Income |
Amount of Gain (Loss)
Recognized in Income |
|||||||||
| For the Three Months Ended | ||||||||||
| March 31, 2015 | March 31, 2014 | |||||||||
| (In millions) | ||||||||||
|
Derivatives designated as hedging instruments: |
||||||||||
|
Foreign exchange currency contracts relating to inventory hedges and intercompany management fee hedges (1) |
Selling, general and
administrative expenses |
$ | (0.1 | ) | $ | (1.6 | ) | |||
|
Derivatives not designated as hedging instruments: |
||||||||||
|
Foreign exchange currency contracts |
Selling, general and
administrative expenses |
$ | (6.0 | ) | $ | (2.9 | ) | |||
| (1) | For foreign exchange contracts designated as hedging instruments, the amounts recognized in income (loss) primarily represent the amounts excluded from the assessment of hedge effectiveness. There were no material ineffective amounts reported for derivatives designated as hedging instruments. |
The following table summarizes gains (losses) relating to derivative instruments reclassified from accumulated other comprehensive loss into income during the three months ended March 31, 2015 and 2014:
|
Location of Gain
(Loss) Reclassified from Accumulated Other Comprehensive Loss into Income (Effective Portion) |
Amount of Gain (Loss) Reclassified
from Accumulated Other Comprehensive Loss into Income |
|||||||||||
| For the Three Months Ended | ||||||||||||
| March 31, 2015 | March 31, 2014 | |||||||||||
| (In millions) | ||||||||||||
|
Derivatives designated as hedging instruments: |
||||||||||||
|
Foreign exchange currency contracts relating to inventory hedges |
Cost of sales | $ | 1.4 | $ | 0.3 | |||||||
17
The Company reports its derivatives at fair value as either assets or liabilities within its condensed consolidated balance sheet. See Note 12, Fair Value Measurements , for information on derivative fair values and their condensed consolidated balance sheet location as of March 31, 2015, and December 31, 2014.
10. Shareholders Deficit
Dividends
The declaration of future dividends is subject to the discretion of the Companys board of directors and will depend upon various factors, including its earnings, financial condition, Herbalife Ltd.s available distributable reserves under Cayman Islands law, restrictions imposed by the Credit Facility and the terms of any other indebtedness that may be outstanding, cash requirements, future prospects and other factors deemed relevant by its board of directors. The Credit Facility permits payments of dividends as long as no default or event of default exists and the consolidated leverage ratio specified in the Credit Facility is not exceeded. See Note 14, Subsequent Events , for further information on the amendment to the Credit Facility.
On April 28, 2014, the Company announced that its board of directors approved terminating the Companys quarterly cash dividend and instead utilizing the cash to repurchase additional common shares as discussed below. There were no dividends declared and paid during the three months ended March 31, 2015. The aggregate amount of dividends declared and paid during the three months ended March 31, 2014 was $30.4 million.
During the three months ended March 31, 2014, the Company received $3.4 million of dividends primarily relating to the Forward Transactions described below which was recorded directly to its accumulated deficit. The Company did not receive any dividends during the three months ended March 31, 2015.
Share Repurchases
On July 30, 2012, the Company announced that its board of directors authorized a new $1 billion share repurchase program that will expire on June 30, 2017. On February 3, 2014, the Company announced that its board of directors authorized an increase in the existing share repurchase authorization to an available balance of $1.5 billion. This share repurchase program allows the Company to repurchase its common shares, at such times and prices as determined by the Companys management as market conditions warrant, and to the extent Herbalife Ltd.s distributable reserves are available under Cayman Islands law. The Credit Facility permits the Company to repurchase its common shares as long as no default or event of default exists and the consolidated leverage ratio specified in the Credit Facility is not exceeded. See Note 14, Subsequent Events , for further information on the amendment to the Credit Facility.
In conjunction with the issuance of the Convertible Notes during February 2014, the Company paid approximately $685.8 million to enter into prepaid forward share repurchase transactions, or the Forward Transactions, with certain financial institutions, or the Forward Counterparties, pursuant to which the Company purchased approximately 9.9 million common shares for settlement on or around the August 15, 2019 maturity date for the Convertible Notes, subject to the ability of each Forward Counterparty to elect to settle all or a portion of its Forward Transactions early. The Forward Transactions were generally expected to facilitate privately negotiated derivative transactions between the Forward Counterparties and holders of the Convertible Notes, including swaps, relating to the common shares by which holders of the Convertible Notes establish short positions relating to the common shares and otherwise hedge their investments in the Convertible Notes concurrently with, or shortly after, the pricing of the Convertible Notes. As a result of the Forward Transactions, the Companys total shareholders deficit within its condensed consolidated balance sheet was reduced by approximately $685.8 million during the first quarter of 2014, with amounts of $653.9 million and $31.9 million being allocated between accumulated deficit and additional paid-in-capital, respectively, within total shareholders deficit. Also, upon executing the Forward Transactions, the Company recorded $35.8 million in non-cash issuance costs to other assets and a corresponding amount to additional paid-in-capital within its condensed consolidated balance sheet, reflecting the fair value of the Forward Transactions. These non-cash issuance costs will be amortized to interest expense over the contractual term of the Forward Transactions. For the three months ended March 31, 2015 and 2014, the Company recognized $1.6 million and $1.0 million, respectively, of non-cash interest expense within its condensed consolidated statement of income relating to amortization of these non-cash issuance costs.
During the three months ended March 31, 2015, the Company did not repurchase any of its common shares through open market purchases. As of March 31, 2015, the remaining authorized capacity under the Companys share repurchase program was $232.9 million inclusive of reductions for the Forward Transactions.
18
The Company reflects the aggregate purchase price of its common shares repurchased as a reduction to shareholders deficit. The Company allocated the purchase price of the repurchased shares to accumulated deficit, common shares and additional paid-in-capital.
The number of shares issued upon vesting or exercise for certain restricted stock units and SARs granted pursuant to the Companys share-based compensation plans is net of the minimum statutory withholding requirements that the Company pays on behalf of its employees. Although shares withheld are not issued, they are treated as common share repurchases in the Companys condensed consolidated financial statements, as they reduce the number of shares that would have been issued upon vesting. These shares do not count against the authorized capacity under the Companys share repurchase program described above.
Capped Call Transactions
In connection with the issuance of Convertible Notes, the Company paid approximately $123.8 million to enter into capped call transactions with respect to its common shares, or the Capped Call Transactions, with certain financial institutions. The Capped Call Transactions are expected generally to reduce the potential dilution upon conversion of the Convertible Notes in the event that the market price of the common shares is greater than the strike price of the Capped Call Transactions, initially set at $86.28 per common share, with such reduction of potential dilution subject to a cap based on the cap price initially set at $120.79 per common share. The strike price and cap price are subject to certain adjustments under the terms of the Capped Call Transactions. Therefore, as a result of executing the Capped Call Transactions, the Company in effect will only be exposed to potential net dilution once the market price of its common shares exceeds the adjusted cap price. As a result of the Capped Call Transactions, the Companys additional paid-in capital within shareholders deficit on its condensed consolidated balance sheet was reduced by $123.8 million during the first quarter of 2014.
Accumulated Other Comprehensive Income (Loss)
The following table summarizes changes in accumulated other comprehensive income (loss) during the three months ended March 31, 2015 and 2014:
|
Changes in Accumulated Other Comprehensive
Income (Loss) by Component Three Months Ended March 31, |
||||||||||||||||||||||||||||||||
| 2015 | 2014 | |||||||||||||||||||||||||||||||
|
Foreign
Currency Translation Adjustments |
Unrealized
Gain (Loss) on Derivatives |
Unrealized Gain
(Loss) on Available-For- Sale Investments |
Total |
Foreign
Currency Translation Adjustments |
Unrealized
Gain (Loss) on Derivatives |
Unrealized Gain
(Loss) on Available-For- Sale Investments |
Total | |||||||||||||||||||||||||
| (In millions) | ||||||||||||||||||||||||||||||||
|
Beginning Balance |
$ | (96.4 | ) | $ | 18.0 | $ | 0.2 | $ | (78.2 | ) | $ | (25.6 | ) | $ | 5.7 | $ | 0.1 | $ | (19.8 | ) | ||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|||||||||||||||||
|
Other comprehensive income (loss) before reclassifications, net of tax |
(54.9 | ) | 6.5 | (1.8 | ) | (50.2 | ) | (2.2 | ) | (0.1 | ) | (2.1 | ) | (4.4 | ) | |||||||||||||||||
|
Amounts reclassified from accumulated other comprehensive income (loss) to income, net of tax(1) |
| (1.3 | ) | 1.5 | 0.2 | | (0.3 | ) | 2.0 | 1.7 | ||||||||||||||||||||||
|
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|
|
|
|
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|
|
|
|
|
|
|
|
|
|||||||||||||||||
|
Total other comprehensive income (loss), net of reclassifications |
(54.9 | ) | 5.2 | (0.3 | ) | (50.0 | ) | (2.2 | ) | (0.4 | ) | (0.1 | ) | (2.7 | ) | |||||||||||||||||
|
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|
|
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|
|
|
|
|||||||||||||||||
|
Ending balance |
$ | (151.3 | ) | $ | 23.2 | $ | (0.1 | ) | $ | (128.2 | ) | $ | (27.8 | ) | $ | 5.3 | | $ | (22.5 | ) | ||||||||||||
|
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|
|
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|
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|
|
|
|
|
|
|
|||||||||||||||||
| (1) | See Note 2, Significant Accounting Policies , and Note 9, Derivative Instruments and Hedging Activities , for information regarding the location in the condensed consolidated statements of income of gains (losses) reclassified from accumulated other comprehensive income (loss) into income during the three months ended March 31, 2015 and 2014. |
19
Other comprehensive income (loss) before reclassifications was net of tax benefits of $1.9 million, tax expense of $0.7 million, and tax benefits of $1.0 million for foreign currency translation adjustments, unrealized gain (loss) on derivatives, and unrealized gain (loss) on available-for-sale investments, respectively, for the three months ended March 31, 2015. Amounts reclassified from accumulated other comprehensive income (loss) to income was net of tax benefits of $0.1 million and tax expense of $0.8 million for unrealized gain (loss) on derivatives and unrealized gain (loss) on available-for-sale investments, respectively, for the three months ended March 31, 2015.
Other comprehensive income (loss) before reclassifications was net of tax benefits of $0.1 million, $0.1 million, and $1.1 million for foreign currency translation adjustments, unrealized gain (loss) on derivatives, and unrealized gain (loss) on available-for-sale investments, respectively, for the three months ended March 31, 2014. Amounts reclassified from accumulated other comprehensive income (loss) to income was net of tax expense of $1.0 million for unrealized gain (loss) on available-for-sale investments for the three months ended March 31, 2014.
11. Earnings Per Share
Basic earnings per share represents net income divided by the weighted average number of common shares outstanding for the period. Diluted earnings per share represents net income divided by the weighted average number of common shares outstanding, inclusive of the effect of dilutive securities such as outstanding stock options, SARs, stock units and warrants.
The following are the common share amounts used to compute the basic and diluted earnings per share for each period:
|
For the Three Months
Ended March 31, |
||||||||
| 2015 | 2014 | |||||||
| (in millions) | ||||||||
|
Weighted average shares used in basic computations |
82.3 | 95.4 | ||||||
|
Dilutive effect of exercise of equity grants outstanding |
2.3 | 5.4 | ||||||
|
|
|
|
|
|||||
|
Weighted average shares used in diluted computations |
84.6 | 100.8 | ||||||
|
|
|
|
|
|||||
There were an aggregate of 8.7 million and 2.0 million of equity grants, consisting of stock options, SARs, and stock units that were outstanding during the three months ended March 31, 2015 and 2014, respectively, but were not included in the computation of diluted earnings per share because their effect would be anti-dilutive.
Since the Company will settle the principal amount of its Convertible Notes in cash and settle the conversion feature for the amount above the conversion price in common shares, or the conversion spread, the Company uses the treasury stock method for calculating any potential dilutive effect of the conversion spread on diluted earnings per share, if applicable. The conversion spread will have a dilutive impact on diluted earnings per share when the average market price of the Companys common shares for a given period exceeds the initial conversion price of $86.28 per share. For the three months ended March 31, 2015 and 2014, the Convertible Notes have been excluded from the computation of diluted earnings per share as the effect would be anti-dilutive since the conversion price of the Convertible Notes exceeded the average market price of the Companys common shares for the three months ended March 31, 2015 and 2014. The initial conversion rate and conversion price is described further in Note 4, Long-Term Debt .
The Capped Call Transactions executed in connection with the issuance of the Convertible Notes are excluded from the calculation of diluted earnings per share because their impact is always anti-dilutive.
12. Fair Value Measurements
The Company applies the provisions of the FASB Accounting Standards Codification, or ASC, Topic 820, Fair Value Measurements and Disclosures , or ASC 820, for its financial and non-financial assets and liabilities. ASC 820 defines fair value as the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. ASC 820 establishes a fair value hierarchy, which prioritizes the inputs used in measuring fair value into three broad levels as follows:
Level 1 inputs are quoted prices (unadjusted) in active markets for identical assets or liabilities that the reporting entity has the ability to access at the measurement date.
Level 2 inputs include quoted prices for similar assets or liabilities in active markets, quoted prices for identical or similar assets or liabilities in markets that are not active, inputs other than quoted prices that are observable for the asset or liability and inputs that are derived principally from or corroborated by observable market data by correlation or other means.
Level 3 inputs are unobservable inputs for the asset or liability.
20
The Company measures certain assets and liabilities at fair value as discussed throughout the notes to its consolidated financial statements. Foreign exchange currency contracts are valued using standard calculations and models primarily based on inputs such as observable forward rates, spot rates and foreign currency exchange rates at the reporting period ended date. The Companys derivative assets and liabilities are measured at fair value and consisted of Level 2 inputs and their amounts are shown below at their gross values at March 31, 2015 and December 31, 2014:
Fair Value Measurements at Reporting Date
|
Derivative Balance
Sheet Location |
Significant
Other Observable Inputs (Level 2) Fair Value at March 31, 2015 |
Significant
Other Observable Inputs (Level 2) Fair Value at December 31, 2014 |
||||||||
| (in millions) | ||||||||||
|
ASSETS: |
||||||||||
|
Derivatives designated as hedging instruments: |
||||||||||
|
Foreign exchange currency contracts relating to inventory and intercompany management fee hedges |
Prepaid expenses and other
current assets |
$ | 18.2 | $ | 12.3 | |||||
|
Derivatives not designated as hedging instruments: |
||||||||||
|
Foreign exchange currency contracts |
Prepaid expenses and other
current assets |
$ | 2.5 | $ | 2.2 | |||||
|
|
|
|
|
|||||||
| $ | 20.7 | $ | 14.5 | |||||||
|
|
|
|
|
|||||||
|
LIABILITIES: |
||||||||||
|
Derivatives designated as hedging instruments: |
||||||||||
|
Foreign exchange currency contracts relating to inventory and intercompany management fee hedges |
Accrued expenses | $ | 6.1 | $ | 1.6 | |||||
|
Derivatives not designated as hedging instruments: |
||||||||||
|
Foreign exchange currency contracts |
Accrued expenses | $ | 2.6 | $ | 3.8 | |||||
|
|
|
|
|
|||||||
| $ | 8.7 | $ | 5.4 | |||||||
|
|
|
|
|
|||||||
The Companys deferred compensation plan assets consist of Company owned life insurance policies. As these policies are recorded at their cash surrender value, they are not required to be included in the fair value table above. See Note 6, Employee Compensation Plans , to the Companys 2014 10-K for a further description of its deferred compensation plan assets.
The following tables summarize the offsetting of the fair values of the Companys derivative assets and derivative liabilities for presentation in the Companys condensed consolidated balance sheet at March 31, 2015 and December 31, 2014:
| Offsetting of Derivative Assets | ||||||||||||
|
Gross
Amounts of Recognized Assets |
Gross
Amounts Offset in the Balance Sheet |
Net Amounts
of Assets Presented in the Balance Sheet |
||||||||||
| (In millions) | ||||||||||||
|
March 31, 2015 |
||||||||||||
|
Foreign exchange currency contracts |
$ | 20.7 | $ | (7.8 | ) | $ | 12.9 | |||||
|
|
|
|
|
|
|
|||||||
|
Total |
$ | 20.7 | $ | (7.8 | ) | $ | 12.9 | |||||
|
|
|
|
|
|
|
|||||||
|
December 31, 2014 |
||||||||||||
|
Foreign exchange currency contracts |
$ | 14.5 | $ | (5.4 | ) | $ | 9.1 | |||||
|
|
|
|
|
|
|
|||||||
|
Total |
$ | 14.5 | $ | (5.4 | ) | $ | 9.1 | |||||
|
|
|
|
|
|
|
|||||||
21
| Offsetting of Derivative Liabilities | ||||||||||||
|
Gross
Amounts of Recognized Liabilities |
Gross
Amounts Offset in the Balance Sheet |
Net Amounts
of Liabilities Presented in the Balance Sheet |
||||||||||
| (In millions) | ||||||||||||
|
March 31, 2015 |
||||||||||||
|
Foreign exchange currency contracts |
$ | 8.7 | $ | (7.8 | ) | $ | 0.9 | |||||
|
|
|
|
|
|
|
|||||||
|
Total |
$ | 8.7 | $ | (7.8 | ) | $ | 0.9 | |||||
|
|
|
|
|
|
|
|||||||
|
December 31, 2014 |
||||||||||||
|
Foreign exchange currency contracts |
$ | 5.4 | $ | (5.4 | ) | $ | | |||||
|
|
|
|
|
|
|
|||||||
|
Total |
$ | 5.4 | $ | (5.4 | ) | $ | | |||||
|
|
|
|
|
|
|
|||||||
The Company offsets all of its derivative assets and derivative liabilities in its condensed consolidated balance sheet to the extent it maintains master netting arrangements with related financial institutions. As of March 31, 2015, and December 31, 2014, all of the Companys derivatives were subject to master netting arrangements and no collateralization was required for the Companys derivative assets and derivative liabilities.
13. Professional Fees and Other Expenses
In late 2012, a hedge fund manager publicly raised allegations regarding the legality of the Companys network marketing program and announced that the hedge fund manager had taken a significant short position regarding the Companys common shares, leading to intense public scrutiny and significant stock price volatility. The Company believes that the hedge fund managers allegations are inaccurate and misleading. The Company has engaged legal and advisory firms to assist with responding to the allegations and to perform other related services in connection to these recent events. The Company recognizes the related expenses as a part of selling, general & administrative expenses within its condensed consolidated statement of income. For both the three months ended March 31, 2015 and 2014, the Company recorded approximately $4.3 million of professional fees and other expenses related to this matter.
14. Subsequent Events
On May 4, 2015, the Company amended its Credit Facility to extend the maturity date of its revolving credit facility to March 9, 2017. The Term Loan will still mature on March 9, 2016. Pursuant to this amendment and upon execution, the Company was required to make prepayments of approximately $20.3 million and $50.9 million on the Term Loan and revolving credit facility, respectively. Additionally, the Companys $700 million borrowing capacity on its revolving credit facility was reduced by approximately $235.9 million upon execution of this amendment, and will be further reduced by approximately $39.1 million on September 30, 2015, bringing the total expected available borrowing capacity on its revolving credit facility to $425.0 million as of September 30, 2015. Until March 9, 2016, the interest rates on the Companys borrowings under the Credit Facility, as amended, will effectively remain unchanged except that the minimum applicable margin will be increased by 0.50%. After March 9, 2016, the applicable interest rates on the Companys borrowings under the Credit Facility, as amended, will increase by 2.00% such that borrowings under the Credit Facility will bear interest at either LIBOR plus the applicable margin between 4.00% and 5.00% or the base rate plus the applicable margin between 3.00% and 4.00%. The Credit Facility, as amended, also restricts the Companys ability to pay dividends or repurchase its common shares to a maximum of $233.0 million until maturity and also provides for the grant of security interest on certain additional assets of the Company and its subsidiaries. The Company incurred approximately $7 million of debt issuance costs in connection with the amendment.
Item 2. Managements Discussion and Analysis of Financial Condition and Results of Operations
Overview
We are a global nutrition company that sells weight management, targeted nutrition, energy, sports & fitness, and outer nutrition products. As of March 31, 2015, we sold our products to and through a network of 4.1 million independent members, or Members, which included approximately 0.3 million in China. In China, we sell our products through retail stores, sales representatives, sales officers, and independent service providers. Other than in China, we are in the process of making the terminology change from distributors to Members, since most of them are discount customers. We refer to Members that distribute our products and achieve certain qualification requirements as sales leaders.
We pursue our mission of changing peoples lives by providing high quality, science-based products to Members and their customers who seek a healthy lifestyle and we also offer a financially rewarding business opportunity to those Members who seek part time or full time income. We believe the global obesity epidemic has made our quality products more relevant and the effectiveness of our distribution network, coupled with geographic expansion, have been the primary reasons for our success throughout our 35-year operating history. As of March 31, 2015, we sold our products in 91 countries.
Our products are grouped in four principal categories: weight management; targeted nutrition; energy, sports & fitness; and outer nutrition, along with literature and promotional items. Our products are often sold through a series of related products and literature designed to simplify weight management and nutrition for consumers and maximize our Members cross-selling opportunities.
Industry-wide factors that affect us and our competitors include the global obesity epidemic and the aging of the worldwide population, which are driving demand for weight management, nutrition and wellness-related products along with the global increase in under employment and unemployment which can affect the recruitment and retention of Members seeking part time or full time income opportunities.
22
While we continue to monitor the current global financial environment, we remain focused on the opportunities and challenges in retailing of our products, recruiting and retaining Members, improving Member productivity, opening new markets, further penetrating existing markets, globalizing successful Distributor Methods of Operation, or DMOs, such as Nutrition Clubs and Weight Loss Challenges, introducing new products and globalizing existing products, developing niche market segments and further investing in our infrastructure. Management also continues to monitor the Venezuelan market and especially the limited ability to repatriate cash.
We report revenue from our six regions:
| | North America; |
| | Mexico; |
| | South and Central America; |
| | EMEA, which consists of Europe, the Middle East and Africa; |
| | Asia Pacific (excluding China); and |
| | China. |
Volume Points by Geographic Region
A key non-financial measure we focus on is Volume Points on a Royalty Basis, or Volume Points, which is essentially our weighted average measure of product sales volume. Volume Points, which are unaffected by exchange rates or price changes, are used by management as a proxy for sales trends because in general, excluding the impact of price changes, an increase in Volume Points in a particular geographic region or country indicates an increase in our local currency net sales while a decrease in Volume Points in a particular geographic region or country indicates a decrease in our local currency net sales.
We assign a Volume Point value to a product when it is first introduced into a market and the value is unaffected by subsequent exchange rate and price changes. The specific number of Volume Points assigned to a product, and generally consistent across all markets, is based on a Volume Point to suggested retail price ratio for similar products. If a product is available in different quantities, the various sizes will have different Volume Point values. In general, once assigned, a Volume Point value is consistent in each region and country and does not change from year to year. The reason Volume Points are used in the manner described above is that we use Volume Points for Member qualification and recognition purposes and therefore we attempt to keep Volume Points for a similar or like product consistent on a global basis. However, because Volume Points are a function of value rather than product type or size, they are not a reliable measure for product mix. As an example, an increase in Volume Points in a specific country or region could mean a significant increase in sales of less expensive products or a marginal increase in sales of more expensive products.
| Three Months Ended March 31, | ||||||||||||
| 2015 | 2014 | % Change | ||||||||||
| (Volume points in millions) | ||||||||||||
|
North America |
297.8 | 336.5 | (11.5 | )% | ||||||||
|
Mexico |
203.4 | 220.2 | (7.6 | )% | ||||||||
|
South & Central America |
210.5 | 227.7 | (7.6 | )% | ||||||||
|
EMEA |
228.4 | 202.2 | 13.0 | % | ||||||||
|
Asia Pacific (excluding China) |
265.9 | 302.1 | (12.0 | )% | ||||||||
|
China |
113.7 | 91.1 | 24.8 | % | ||||||||
|
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|
|
|
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|
Worldwide |
1,319.7 | 1,379.8 | (4.4 | )% | ||||||||
|
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We believe the decrease in worldwide Volume Points for the three months ended March 31, 2015 of 4.4% versus the prior year period, including declines in Volume Points for the first quarter for North America, Mexico and South & Central America after increases in the comparable quarters of the prior several years, primarily reflects our Members adjusting to certain revisions to our operations and Marketing Plan designed to improve the training and retention of sales leaders. Certain of the revisions and their impact on our results are discussed further below in the applicable sections of Sales by Geographic Region. We believe the changes to our Marketing Plan, as well as our competitive strengths and business strategies discussed in greater detail in Item 1 Business of our Annual Report on Form 10-K for the year ended December 31, 2014, or the 2014 10-K, will contribute to achieving our long-term objective of sustainable sales growth through retailing, recruiting and retention, despite the decrease in Volume Points in the first quarter of 2015.
Average Active Sales Leaders by Geographic Region
With the continued expansion of daily consumption DMOs in our different markets and our objective to improve Member retention, we believe the Average Active Sales Leader is a useful metric. It represents the monthly average number of sales leaders that place an order, including orders of non-sales leader Members in their downline sales organization, during a given period. We rely on this metric as an indication of the engagement level of sales leaders, who are integral to our success, and therefore as an indication of the success of our strategies and execution. Changes in the Average Active Sales Leader metric may be indicative of potential for changes in annual retention levels and future sales growth.
23
| Three Months Ended March 31, | ||||||||||||
| 2015 | 2014 | % Change | ||||||||||
|
North America |
77,480 | 74,241 | 4.4 | % | ||||||||
|
Mexico |
65,340 | 63,568 | 2.8 | % | ||||||||
|
South & Central America |
62,971 | 61,862 | 1.8 | % | ||||||||
|
EMEA |
69,256 | 54,113 | 28.0 | % | ||||||||
|
Asia Pacific (excluding China) |
74,767 | 71,627 | 4.4 | % | ||||||||
|
China |
20,277 | 16,648 | 21.8 | % | ||||||||
|
Worldwide(1) |
357,465 | 329,902 | 8.4 | % | ||||||||
| (1) | Worldwide average active sales leaders may not equal the sum of the average active sales leaders in each region due to the calculation being an average of sales leaders active in a period, not a summation, and the fact that some sales leaders are active in more than one region but are counted only once in the worldwide amount. |
We believe the increase in worldwide Average Active Sales Leaders of 8.4% for the three months ended March 31, 2015 is attributable to the Companys success in making the Herbalife business opportunity more appealing and in facilitating Sales Leader success by providing quality products; improved DMOs, including daily consumption approaches such as Nutrition Clubs; easier access to product; systemized training of Members on our products and methods; and continued promotion and branding of Herbalife products. We believe the decrease in the rate of increase for the North America, Mexico and South and Central America regions as compared to the comparable quarters in recent years was driven by the same factors that lead to the decrease in Volume Points in those regions that are discussed above. Given the long term and qualitative nature of our strategies, the magnitude of the impact of each such strategy on Sales Leaders engagement cannot be quantified and may vary over time and by market.
Number of Sales Leaders and Retention Rates by Geographic Region as of Re-qualification Period
Our compensation system requires each sales leader to re-qualify for such status each year, prior to February, in order to maintain their 50% discount on products and be eligible to receive royalty payments. In February of each year, we demote from the rank of sales leader those Members who did not satisfy the re-qualification requirements during the preceding twelve months. The re-qualification requirement does not apply to new sales leaders (i.e. those who became sales leaders subsequent to the January re-qualification of the prior year). For the latest twelve month re-qualification period ending January 2015, approximately 54.2% of our sales leaders, excluding China, Venezuela and Argentina, re-qualified. We did not require our Venezuelan sales leaders to re-qualify temporarily for the period ended January 2014, and therefore excluded them from the retention calculation for that year, due to product supply limitation resulting from currency restrictions; the Venezuela re-qualification requirement did however resume for the period ended January 2015 once the market had time to adjust to supply levels. We did not require our Argentinean sales leaders to re-qualify temporarily for the period ended January 2015 due to product supply challenges resulting from importation restrictions, and therefore excluded them from the retention calculation for the year. If Venezuela and Argentina were included on a normalized basis, the 2015 retention rate would have been 53.4%.
|
Sales Leaders Statistics (Excluding China) |
2015 | 2014 | ||||||
| (In thousands) | ||||||||
|
January 1 total sales leaders |
650.1 | 625.8 | ||||||
|
January & February new sales leaders |
31.6 | 33.0 | ||||||
|
Demoted sales leaders (did not re-qualify)(1) |
(205.2 | ) | (201.2 | ) | ||||
|
Other sales leaders (resigned, etc) |
(6.8 | ) | (1.5 | ) | ||||
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End of February total sales leaders |
469.7 | 456.1 | ||||||
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The statistics below further highlight the calculation for retention.
|
Sales Leaders Retention (Excluding China) |
2015 | 2014 | ||||||
| (In thousands) | ||||||||
|
Sales leaders needed to re-qualify |
426.5 | 417.7 | ||||||
|
Demoted sales leaders (did not re-qualify)(1) |
(195.2 | ) | (201.2 | ) | ||||
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Total re-qualified |
231.3 | 216.5 | ||||||
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|
Retention rate |
54.2 | % | 51.8 | % | ||||
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| (1) | To provide comparative information, Venezuela sales leaders are excluded from the sales leader retention calculation for 2015. |
24
The table below reflects the number of sales leaders as of the end of February of the year indicated (subsequent to the annual re-qualification date) and sales leader retention rate by year and by region.
| Number of Sales Leaders | Sales Leaders Retention Rate | |||||||||||||||
| 2015 | 2014 | 2015 | 2014 | |||||||||||||
|
North America |
88,866 | 86,129 | 58.4 | % | 55.1 | % | ||||||||||
|
Mexico |
83,137 | 78,818 | 56.7 | % | 54.2 | % | ||||||||||
|
South & Central America |
88,392 | 102,152 | 52.0 | % | 54.9 | % | ||||||||||
|
EMEA |
82,025 | 62,723 | 68.4 | % | 67.7 | % | ||||||||||
|
Asia Pacific (excluding China) |
127,252 | 126,229 | 43.9 | % | 39.9 | % | ||||||||||
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|
Total Sales Leaders |
469,672 | 456,051 | 54.2 | % | 51.8 | % | ||||||||||
|
China |
32,222 | 30,037 | ||||||||||||||
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Worldwide Total Sales Leaders |
501,894 | 486,088 | ||||||||||||||
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Sales leaders generally purchase our products for resale to other Members and retail consumers. The number of sales leaders by geographic region as of the quarterly reporting dates will normally be higher than the number of sales leaders by geographic region as of the re-qualification period because sales leaders who do not re-qualify during the relevant twelve-month period will be removed from the rank of sales leader the following February. Comparisons of sales leader totals on a year-to-year basis are indicators of our recruitment and retention efforts in different geographic regions.
We provide Members with products, support materials, training, special events and a competitive compensation program. If a Member wants to pursue the Herbalife business opportunity, the Member is responsible for growing his or her business and personally pays for the sales activities related to attracting new customers and recruiting Members. Activities may include hosting events such as Herbalife Opportunity Meetings or Success Training Seminars; advertising Herbalifes products; purchasing and using promotional materials such as t-shirts, buttons and caps; utilizing and paying for direct mail and print material such as brochures, flyers, catalogs, business cards, posters and banners and telephone book listings; purchasing inventory for sale or use as samples; and training and mentoring customers and recruits on how to use Herbalife products and/or pursue the Herbalife business opportunity.
Retention Rate for 2015 increased from what we consider to be a high level at which it had previously remained relatively consistent. We believe this increase is the result of efforts we have made to improve the sustainability of sales leaders businesses.
Presentation
Retail sales represent the suggested retail price of products we sell to our Members and is the gross sales amount reflected on our invoices. Retail Sales is a Non-GAAP measure which may not be comparable to similarly-titled measures used by other companies. This is not the price paid to us by our Members. Our Members purchase product from us at a discount from the suggested retail price. We refer to these discounts as Distributor Allowance, and we refer to retail sales less distributor allowances as Product Sales .
Total distributor allowances for the three months ended March 31, 2015 and 2014 were 41.1% and 42.4% of Retail Sales, respectively. Distributor Allowances and Marketing Plan payouts generally utilize 90% to 95% of suggested retail price, depending on the product and market, to which we apply discounts of up to 50% for Distributor Allowances and payout rates of up to 15% for royalty overrides, up to 7% for production bonuses, and approximately 1% for the Mark Hughes bonus. Distributor allowances as a percentage of retail sales may vary by country depending upon regulatory restrictions that limit or otherwise restrict distributor allowances. We also offer reduced distributor allowances with respect to certain products worldwide. Each Members level of discount is determined by qualification based on volume of purchases. In cases where a Member has qualified for less than the maximum discount, the remaining discount, which we also refer to as a wholesale commission, is received by their sponsoring Members. Therefore, product sales are recognized net of product returns and distributor allowances.
Net Sales equal product sales plus shipping and handling revenues , and generally represents what we collect.
25
We do not have visibility into all of the sales from our Members to their customers, but such a figure would differ from our reported retail sales by factors including (a) the amount of product purchased by our Members for their own personal consumption and (b) prices charged by our Members to their customers other than our suggested retail prices. We discuss retail sales because of its fundamental role in our systems, internal controls and operations, and its correlation to Member discounts and Royalty Overrides. In addition, retail sales is a component of the financial reports we use to analyze our financial results. However, such a measure is not in accordance with U.S. generally accepted accounting principles, or U.S. GAAP. Retail sales should not be considered in isolation from, nor as a substitute for, net sales and other consolidated income or cash flow statement data prepared in accordance with U.S. GAAP, or as a measure of profitability or liquidity. A reconciliation of retail sales to net sales is presented below under Results of Operations.
Our international operations have provided and will continue to provide a significant portion of our total net sales. As a result, total net sales will continue to be affected by fluctuations in the U.S. dollar against foreign currencies. In order to provide a framework for assessing how our underlying businesses performed excluding the effect of foreign currency fluctuations, in addition to comparing the percent change in net sales from one period to another in U.S. dollars, we also compare the percent change in net sales from one period to another period using net sales in local currency . Net sales in local currency is not a U.S. GAAP financial measure. Net sales in local currency removes from net sales in U.S. dollars the impact of changes in exchange rates between the U.S. dollar and the functional currencies of our foreign subsidiaries, by translating the current period net sales into U.S. dollars using the same foreign currency exchange rates that were used to translate the net sales for the previous comparable period. We believe presenting net sales in local currency is useful to investors because it allows a meaningful comparison of net sales of our foreign operations from period to period. However, net sales in local currency measures should not be considered in isolation or as an alternative to net sales in U.S. dollar measures that reflect current period exchange rates, or to other financial measures calculated and presented in accordance with U.S. GAAP.
Our gross profit consists of net sales less cost of sales, which represents our manufacturing costs, the price we pay to our raw material suppliers and manufacturers of our products as well as shipping and handling costs including duties, tariffs, and similar expenses.
While all Members can potentially profit from their activities by reselling our products for amounts greater than the prices they pay us, Members that develop, retain, and manage other Members can earn additional compensation for those activities, which we refer to as Royalty overrides. Royalty overrides are our most significant operating expense and consist of:
| | royalty overrides and production bonuses; |
| | the Mark Hughes bonus payable to some of our most senior Members; and |
| | other discretionary incentive cash bonuses to qualifying Members. |
During the three months ended March 31, 2015 and 2014, total Royalty overrides were 29.2% and 30.2% of our net sales, respectively. Royalty overrides are compensation to Members for the development, retention and improved productivity of their sales organizations and are paid to several levels of Members on each sale. Royalty overrides are compensation for services rendered to us and as such are recorded as an operating expense.
Due to restrictions on direct selling in China, our independent service providers in China are compensated with service fees instead of the distributor allowances and royalty overrides utilized in our traditional marketing program. Compensation to China independent service providers is included in selling, general and administrative expenses.
Because of local country regulatory constraints, we may be required to modify our Member incentive plans as described above. We also pay reduced royalty overrides with respect to certain products worldwide. Consequently, the total royalty override percentage may vary over time and from the percentages noted above.
Our contribution margins consist of net sales less cost of sales and royalty overrides.
Selling, general and administrative expenses represent our operating expenses, which include labor and benefits, service fees to China service providers, sales events, professional fees, travel and entertainment, Member promotions, occupancy costs, communication costs, bank fees, depreciation and amortization, foreign exchange gains and losses and other miscellaneous operating expenses.
Our other expense, net consists of non-operating expenses such as impairments of available-for-sale investments.
Most of our sales to Members outside the United States are made in the respective local currencies. In preparing our financial statements, we translate revenues into U.S. dollars using average exchange rates. Additionally, the majority of our purchases from our suppliers generally are made in U.S. dollars. Consequently, a strengthening of the U.S. dollar versus a foreign currency can have a negative impact on our reported sales and contribution margins and can generate foreign currency gains or losses on intercompany transactions. Foreign currency exchange rates can fluctuate significantly. From time to time, we enter into foreign currency derivatives to partially mitigate our foreign currency exchange risk as discussed in further detail in Part I, Item 3 Quantitative and Qualitative Disclosures about Market Risk .
26
Summary Financial Results
Net sales for the three months ended March 31, 2015 decreased 12.5% to $1,105.4 million as compared to $1,262.6 million for the same period in 2014. In local currency, including the remeasurement impact of Venezuelas Bolivar denominated net sales, net sales for the three months ended March 31, 2015 increased 3.9% as compared to the same period in 2014; excluding the remeasurement impact of Venezuelas Bolivar denominated net sales, net sales in local currency for the three months ended March 31, 2015 were essentially flat as compared to the same period in 2014. The decrease in net sales of 12.5% period-over-period was primarily the result of the effect of the strong U.S. Dollar and the resulting fluctuation in foreign currency rates and a decline in sales volume, as measured by a decrease in Volume Points, which reduced net sales by approximately 16.3% and 4.4%, respectively. These reductions were partially offset by the impact of price increases during the last nine months of 2014 and the first quarter of 2015 and a favorable change in country sales mix resulting from a greater percentage of our sales volume coming from markets with higher prices, which contributed approximately 4.8% and 2.0% to net sales growth, respectively.
Net income for the three months ended March 31, 2015 increased 4.8% to $78.2 million, or $0.92 per diluted share, compared to $74.6 million, or $0.74 per diluted share, for the same period in 2014. The increase for the three months ended March 31, 2015 was primarily due to the lower selling, general and administrative expenses, including lower foreign exchange losses related to the remeasurement of our Venezuela Bolivar-denominated assets and liabilities described below, partially offset by higher service fees to China service providers due to sales growth in China, higher interest expense, and lower contribution margin.
Net income for the three months ended March 31, 2015 included a $36.3 million pre-tax unfavorable impact ($25.2 million post-tax), comprised of a $32.6 million foreign exchange loss related to the remeasurement of Venezuela Bolivar-denominated assets and liabilities, $1.4 million of inventory write downs, and a $2.3 million impairment loss on Venezuela bonds (See Liquidity and Capital Resources Venezuela below for further discussion of currency exchange rate issues in Venezuela and Other Expense, net below for further discussion of Venezuela bonds); $12.8 million foreign exchange gain ($10.1 million post-tax) resulting from Euro/U.S. dollar exposure primarily related to intercompany balances; a $4.3 million pre-tax unfavorable impact ($2.9 million post-tax) related to legal, advisory services and other expenses for our response to allegations and other negative information put forward in the marketplace by a hedge fund manager which started in late 2012 (See Selling, General and Administrative Expenses below for further discussion); a $3.4 million pre-tax unfavorable impact ($2.1 million post-tax) from expenses related to the Federal Trade Commissions, or the FTCs, Civil Investigative Demand, or CID; a $10.5 million unfavorable impact of non-cash interest expense related to the Convertible Notes and the Forward Transactions (See Liquidity and Capital Resources Convertible Senior Notes below for further discussion), and a $0.1 million pre-tax unfavorable impact ($0.1 million post-tax) related to expenses incurred for the recovery of costs associated with the re-audit of our 2010 to 2012 financial statements after the resignation of KPMG as our independent registered public accounting firm.
The income tax impact of the expenses discussed above is based on forecasted items affecting our 2015 full year effective tax rate. Adjustments to forecasted items unrelated to these expenses, as well as impacts related to interim reporting, will have an effect on the income tax impact of these items in subsequent periods.
Net income for the three months ended March 31, 2014 included an $89.3 million pre-tax unfavorable impact ($66.6 million post-tax), comprised of an $86.1 million foreign exchange loss related to the remeasurement of Venezuela Bolivar-denominated assets and liabilities at the SICAD I rate of 10.7 Bolivars per U.S. dollar and a $3.2 million impairment loss on Venezuela bonds; a $4.3 million pre-tax unfavorable impact ($3.3 million post-tax) related to legal, advisory services and other expenses for the Companys response to allegations and other negative information put forward in the marketplace by a hedge fund manager which started in late 2012; a $0.9 million pre-tax unfavorable impact ($0.7 million post-tax) from expenses related to the FTCs CID; and $5.8 million unfavorable impact of non-cash interest expense related to the Convertible Notes and the Forward Transactions.
Results of Operations
Our results of operations for the periods below are not necessarily indicative of results of operations for future periods, which depend upon numerous factors, including our ability to recruit new Members and retain sales leaders, further penetrate existing markets, introduce new products and programs that will help our Members increase their retail efforts and develop niche market segments.
27
The following table sets forth selected results of our operations expressed as a percentage of net sales for the periods indicated:
| Three Months Ended | ||||||||
|
March 31,
2015 |
March 31,
2014 |
|||||||
|
Operations: |
||||||||
|
Net sales |
100.0 | % | 100.0 | % | ||||
|
Cost of sales |
19.5 | 19.9 | ||||||
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Gross profit |
80.5 | 80.1 | ||||||
|
Royalty overrides(1) |
29.2 | 30.2 | ||||||
|
Selling, general and administrative expenses(1) |
39.0 | 39.8 | ||||||
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|
Operating income |
12.3 | 10.1 | ||||||
|
Interest expense, net |
2.0 | 1.2 | ||||||
|
Other expense, net |
0.2 | 0.2 | ||||||
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Income before income taxes |
10.1 | 8.7 | ||||||
|
Income taxes |
3.0 | 2.8 | ||||||
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Net income |
7.1 | % | 5.9 | % | ||||
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| (1) | Service fees to our independent service providers in China are included in selling, general and administrative expenses while Member compensation for all other countries is included in royalty overrides. |
Reporting Segment Results
We aggregate our operating segments, excluding China, into one reporting segment, or the Primary Reporting Segment. The Primary Reporting Segment includes the North America, Mexico, South & Central America, EMEA, and Asia Pacific regions. China has been identified as a separate reporting segment primarily due to the regulatory environment in China. See Note 6, Segment Information , to the Condensed Consolidated Financial Statements for further discussion of our reporting segments. See below for discussions of net sales and contribution margin by our reporting segments.
Net Sales by Reporting Segment
The Primary Reporting Segment reported net sales of $941.2 million for the three months ended March 31, 2015, representing a decrease of $185.6 million, or 16.5%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, including the remeasurement impact of Venezuelas Bolivar denominated net sales, net sales for the three months ended March 31, 2015 increased 1.5% as compared to the same period in 2014 for the Primary Reporting Segment; excluding the remeasurement impact of Venezuelas Bolivar denominated net sales, net sales in local currency for the three months ended March 31, 2015 decreased 3.1% as compared to the same period in 2014 for the Primary Reporting Segment. The 16.5% period-over-period decrease in net sales for the Primary Reporting Segment was primarily the result of the effect of the strong U.S. Dollar and the resulting impact of fluctuations in foreign currency rates and a decline in sales volume, as measured by a decrease in Volume Points, which reduced net sales by approximately 18.0% and 6.4%, respectively. These reductions to net sales were partially offset by price increases during the last nine months of 2014 and first quarter of 2015 which contributed approximately 5.6% to net sales.
China reported net sales of $164.2 million for the three months ended March 31, 2015, representing an increase of $28.4 million, or 20.9%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency net sales for three months ended March 31, 2015 increased 23.4% as compared to the same period in 2014 for China. The 20.9% increase in China net sales was driven primarily by an increase in sales volume, as measured by an increase in Volume Points, which increased net sales by approximately 24.8% period-over-period, but was partially offset by the impact of fluctuations in the foreign currency exchange rate, which decreased net sales by 2.6%.
Contribution Margin by Reporting Segment
As discussed above under Presentation, contribution margin consists of net sales less cost of sales and royalty overrides.
The Primary Reporting Segment reported contribution margin of $419.0 million or 44.5% of net sales for the three months ended March 31, 2015, representing a decrease of $86.2 million, or 17.1%, for the three months ended March 31, 2015, as compared to the same period in 2014. The 17.1% decrease was primarily the result of fluctuations in the foreign currency rates and declines in volume, as measured by a decrease in Volume Points, which reduced contribution margin by approximately 23.4% and 6.4%, respectively, partially offset by the favorable impact of price increases and change in country mix, which increased contribution margin by approximately 8.2% and 1.6%, respectively.
China reported a contribution margin of $148.0 million for the three months ended March 31, 2015, representing an increase of $23.6 million, or 19.0%, for the three months ended March 31, 2015, as compared to the same period in 2014. The 19.0% increase was primarily the result of a volume increase, as measured by an increase in Volume Points, which increased contribution margin by approximately 24.8%, but was partially offset by a 2.2% unfavorable impact related to fluctuations in the foreign currency rate.
Sales by Geographic Region
The following chart reconciles retail sales to net sales by geographic region:
28
| Three Months Ended March 31, | ||||||||||||||||||||||||||||||||||||||||||||
| 2015 | 2014 | |||||||||||||||||||||||||||||||||||||||||||
|
Retail
Sales(1) |
Distributor
Allowance |
Product
Sales |
Shipping &
Handling Revenues |
Net
Sales |
Retail
Sales(1) |
Distributor
Allowance |
Product
Sales |
Shipping &
Handling Revenues |
Net
Sales |
Change in
Net Sales |
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| (In millions) | ||||||||||||||||||||||||||||||||||||||||||||
|
North America |
$ | 372.4 | $ | (167.1 | ) | $ | 205.3 | $ | 21.4 | $ | 226.7 | $ | 411.8 | $ | (187.3 | ) | $ | 224.5 | $ | 23.3 | $ | 247.8 | (8.5 | )% | ||||||||||||||||||||
|
Mexico |
212.1 | (96.0 | ) | 116.1 | 7.5 | 123.6 | 245.7 | (111.8 | ) | 133.9 | 8.8 | 142.7 | (13.4 | )% | ||||||||||||||||||||||||||||||
|
South & Central America |
266.2 | (123.6 | ) | 142.6 | 19.1 | 161.7 | 385.8 | (177.1 | ) | 208.7 | 36.0 | 244.7 | (33.9 | )% | ||||||||||||||||||||||||||||||
|
EMEA |
320.2 | (145.2 | ) | 175.0 | 11.4 | 186.4 | 363.5 | (164.5 | ) | 199.0 | 12.2 | 211.2 | (11.7 | )% | ||||||||||||||||||||||||||||||
|
Asia Pacific |
390.6 | (164.7 | ) | 225.9 | 16.9 | 242.8 | 446.1 | (191.6 | ) | 254.5 | 25.9 | 280.4 | (13.4 | )% | ||||||||||||||||||||||||||||||
|
China |
183.8 | (20.4 | ) | 163.4 | 0.8 | 164.2 | 155.6 | (20.1 | ) | 135.5 | 0.3 | 135.8 | 20.9 | % | ||||||||||||||||||||||||||||||
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Worldwide |
$ | 1,745.3 | $ | (717.0 | ) | $ | 1,028.3 | $ | 77.1 | $ | 1,105.4 | $ | 2,008.5 | $ | (852.4 | ) | $ | 1,156.1 | $ | 106.5 | $ | 1,262.6 | (12.5 | )% | ||||||||||||||||||||
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| (1) | Retail Sales is a Non-GAAP measure which may not be comparable to similarly-titled measures used by other companies. |
Changes in net sales are directly associated with the retailing of our products, recruitment of Members, and retention of sales leaders. Our strategies include providing quality products, improved DMOs, including daily consumption approaches such as Nutrition Clubs, easier access to product, systemized training of Members on our products and methods, and continued promotion and branding of Herbalife products.
Managements role, both in-country and at the region and corporate level, is to provide Members with a competitive and broad product line, encourage strong teamwork and Member leadership and offer leading edge business tools and technology services to make doing business with Herbalife simple. Management uses the Member marketing program coupled with educational and motivational tools and promotions to encourage Members to increase retailing, retention, and recruiting, which in turn affect net sales. Such tools include Company sponsored sales events such as Extravaganzas, Leadership Development Weekends and World Team Schools where large groups of Members gather, thus allowing them to network with other Members, learn retailing, retention, and recruiting techniques from our leading Members and become more familiar with how to market and sell our products and business opportunities. Accordingly, management believes that these development and motivation programs increase the productivity of the sales leader network. The expenses for such programs are included in selling, general and administrative expenses. We also use event and non-event product promotions to motivate Members to increase retailing, retention, and recruiting activities. These promotions have prizes ranging from qualifying for events to product prizes and vacations. The costs of these promotions are included in selling, general and administrative expenses.
DMOs are being generated in many of our markets and are globalized where applicable through the combined efforts of Members and country, regional and corporate management. While we support a number of different DMOs, one of the most popular DMOs is daily consumption. Under our traditional DMO, a Member typically sells to its customers on a somewhat infrequent basis (e.g., monthly) which provides fewer opportunities for interaction with their customers. Under a daily consumption DMO, a Member interacts with its customers on a more frequent basis which enables the Member to better educate and advise customers about nutrition and the proper use of the products and helps promote daily usage as well, thereby helping the Member grow his or her business. Specific examples of DMOs include the Club concept in Mexico, Premium Herbalife Opportunity Meetings in Korea, the Healthy Breakfast concept in Russia, and the Internet/Sampling and Weight Loss Challenge in the U.S. Managements strategy is to review the applicability of expanding successful country initiatives throughout a region, and where appropriate, financially support the globalization of these initiatives.
The factors described above have helped Members increase their business, which in turn helps drive Volume Point growth in our business, and thus, net sales growth. The discussion below of net sales details some of the specific drivers of our business and causes of sales fluctuations during the three months ended March 31, 2015 as compared to the same period in 2014, as well as the unique growth or contraction factors specific to certain geographic regions or significant countries within a region during these periods. Net sales fluctuations, both Company-wide and within a particular geographic region or country, are primarily the result of changes in volume, changes in prices, and/or changes in foreign currency translation rates. The discussion of changes in net sales quantifies the impact of those drivers that are quantifiable such as changes in foreign currency translation rates, and cites any significant price changes. The remaining drivers, which Management believes are the primary drivers of changes in volume, are typically qualitative factors whose impact cannot be quantified.
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North America
The North America region reported net sales of $226.7 million for the three months ended March 31, 2015. Net sales decreased $21.1 million, or 8.5%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, net sales decreased 8.3% for the three months ended March 31, 2015, as compared to the same period in 2014. The decrease in net sales in the region for the three months ended March 31, 2015, as compared to the same period in 2014, was a result of net sales decrease in the U.S. of $20.4 million, or 8.4%. Product prices in the US were increased 3% in March 2014.
We believe the net sales decline for the quarter, after increases in net sales for the comparable periods in recent years, is a result of Members adapting to certain revisions to our operations and marketing plan designed to improve the training and retention of sales leaders. While most Members are not sales leaders, those wishing to become sales leaders have three qualification methods to do so. Prior to 2009, there was only the one-month sales leader qualification method or the two-month sales leader qualification method. However, in 2009 we revised our marketing plan to enable Members to also qualify for sales leader status over a 12-month period. Since implementation in 2009, sales leaders who utilized the 12-month sales leader qualification method have performed better in terms of activity and retention rates. To further promote the 12-month sales leader qualification method, in the third quarter of 2014 we announced the implementation, effective February 2015, of a first-order limit for new Members and in November 2014, we reduced the number of Volume Points required to be accumulated over the 12-month period from 5,000 to 4,000. See Item 1, Business Our Strategies Improve the Sustainability of Members Businesses in the 2014 10-K for additional information. We believe that the changes, while good for our business in the long-term, take time and create distraction which has slowed our sales in North America while the market adapts to the changes. Additionally, the changes also lead to a temporary slowdown in sales because some sales that previously would have taken place over a shorter 1-2 month period are deferred up to 12 months or longer as a Member works towards possible sales leader qualification.
We also believe our new certification of understanding requirements, a key training point for new Members, implemented in North America in 2014, has negatively impacted net sales in the short term as Members adapt to the new requirement. Under this requirement, all new Members must certify they have been trained and understand our standards or their buying privileges are suspended.
Mexico
The Mexico region reported net sales of $123.6 million for the three months ended March 31, 2015. Net sales for the three months ended March 31, 2015 decreased $19.1 million, or 13.4%, as compared to the same period in 2014. In local currency, net sales for the three months ended March 31, 2015 decreased 2.1%, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $16.1 million on net sales for the three months ended March 31, 2015. Mexico had price increases accumulating to approximately 4% subsequent to the first quarter of 2014, inclusive of price increases to partially recover new excise taxes imposed on certain products.
Mexico net sales have decreased, after increases for the comparable quarters in recent years, primarily as a result of Members adjusting to certain revisions to our operations and marketing plan designed to improve the training and retention of sales leaders, such as a shift in emphasis to the longer-term qualification method described above for the North America region, which was also implemented in Mexico in 2009, and which we believe has had a similar effect on the long-term net sales trend in Mexico. We have also implemented rules that require Members attempting to qualify for sales leader status to purchase directly from Herbalife rather than from their sponsor Member (these transactions with the sponsor Member are known as field sales). With our investment in product access points in Mexico over the past few years, field sales are no longer necessary for geographic reach within the country. Therefore, in the third quarter of 2014 we announced that, effective February 2015, field sales would no longer count towards Sales Leader qualification. Field sales were particularly common in Mexico and this change has had a significant and adverse impact on sales in Mexico as Members revise their operations and purchasing habits accordingly.
South and Central America
The South and Central America region reported net sales of $161.7 million for the three months ended March 31, 2015. Net sales decreased $83.0 million, or 33.9%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, including the re-measurement impact of Venezuelas Bolivar denominated net sales, net sales increased 15.8% for the three months ended March 31, 2015, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $121.4 million on net sales for the three months ended March 31, 2015. The decrease in net sales for the three months ended March 31, 2015, as compared to the same period in 2014, was driven by the adverse impact of foreign currency fluctuations, primarily for the Venezuelan Bolivar, partially offset by the impact of volume and price increases in the Venezuela market.
Although the region has continued to see the adoption and expansion of daily consumption DMOs, we believe the decline in net sales for the quarter ended March 31, 2015 as compared to growth in the comparable quarters in recent years was a result of Members adjusting to certain revisions to our operations and marketing plan designed to improve the training and retention of sales leaders, such as the shift in focus to our longer-term sales leader qualification method described above for the North America region, which was also implemented in the South and Central American region in 2009, and which we believe has had a similar effect on the long-term net sales trend in the region.
In Brazil, the regions largest market, net sales decreased $24.9 million, or 23.8%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, net sales decreased 7.8% for the three months ended March 31, 2015, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $16.8 million on net sales in Brazil for the three months ended March 31, 2015. Brazil had a 5% price increase in March 2014 and a 6% increase in March 2015. Brazils net sales declined for the quarter as Sales Leaders continue to adapt to Marketing Plan changes to encourage Members to take advantage of the longer-term Sales Leader qualification methods.
Net sales in Venezuela decreased $47.3 million, or 87.1%, for the three months ended March 31, 2015, as compared to the same period in 2014. Significant Bolivar-to-dollar exchange rate deterioration was partially offset by the impact of price increases in the market. Sales volume was slightly higher. In July 2014, Herbalife Venezuela increased its prices on certain products in response to an announcement by the Venezuelan government with respect to the calculation of Bolivar-denominated duties on U.S. dollar shipments using a default SICAD II rate if shipments are not settled using the SICAD I or CENCOEX exchange rates. These price increases, other subsequent price increases on certain products over the remainder of 2014, and a further 100% price increase in March 2015 were implemented to better align product prices with the economic conditions of the market. During the second and third quarters of 2014, we remeasured our net sales in Venezuela using the SICAD I rate instead of the previous CADIVI rate of 6.3 Venezuelan Bolivars per U.S. dollar. During the fourth quarter of 2014, we remeasured our net sales in Venezuela using the SICAD II rate. During February 2015, we began remeasuring our net sales in Venezuela using the SIMADI rate. We continue to monitor and assess our product pricing in Venezuela. See Liquidity and Capital Resources Working Capital and Operating Activities below for further discussion of currency exchange rate issues in Venezuela and our evaluation of several options to reduce our economic exposure to this market.
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EMEA
The EMEA region reported net sales of $186.4 million for the three months ended March 31, 2015. Net sales decreased $24.8 million, or 11.7%, for the three months ended March 31, 2015, as compared to the same period in 2014. The decrease in net sales for the three months ended March 31, 2015, after increases for the comparable quarter in recent years, was greatest in Russia and the UK, but was widespread across countries in the region primarily due to the adverse impact of foreign currency fluctuations. The fluctuation of foreign currency rates had an unfavorable impact of $54.3 million on net sales for the three months ended March 31, 2015. In local currency, net sales increased 13.9% for the three months ended March 31, 2015, as compared to the same period in 2014. Constant currency growth was led by Russia and Italy.
Net sales in Russia decreased $8.2 million, or 24.1%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, net sales increased 35.1% for the three months ended March 31, 2015, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $20.2 million on net sales in Russia for the three months ended March 31, 2015. Product prices in Russia were increased 14% in March 2015 and 7% in June 2014. Russias Members have been early adopters of many of the concepts captured in our recent Marketing Plan changes, including the more gradual promotion of certain new Members to Sales Leader through the longer-term qualification methods, which we believe improves sustainability of Sales Leaders businesses. Russias Sales Leader retention rate for 2014 was higher than the Company average. Investments in increased product access have been key to supporting continued growth.
Net sales in Italy decreased $2.1 million, or 6.3%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, net sales increased 13.9% for the three months ended March 31, 2015, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $6.7 million on net sales in Italy for the three months ended March 31, 2015. We believe Italys adoption of longer-term Sales Leader qualification methods will improve sustainability of new Sales Leaders businesses and provide long-term benefits as it allows new Members to get experience, improved training and additional education about Herbalife products, daily consumption based DMOs and the business opportunity prior to becoming a sales leader. This adoption has been augmented with the use of a regular organized training approach.
Net sales in Spain decreased $1.5 million, or 7.1%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, net sales in Spain increased 13.1% for the three months ended March 31, 2015, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $4.2 million on net sales in Spain for the three months ended March 31, 2015. We have continued to increase the number of Member access points in Spain.
Net sales in the United Kingdom decreased $5.3 million, or 28.1%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, net sales in the United Kingdom decreased 21.4% for the three months ended March 31, 2015, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $1.2 million on net sales in the United Kingdom for the three months ended March 31, 2015. The United Kingdom had a price increase of 3% in June 2014. Following several years of significant growth the United Kingdom market has seen a decline. The impact of Marketing Plan changes and new DMOs recently implemented will take time for Members to learn and apply. Management believes these changes will lead to more sustainable growth in the future.
Asia Pacific
The Asia Pacific region, which excludes China, reported net sales of $242.8 million for the three months ended March 31, 2015. Net sales decreased $37.6 million, or 13.4%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, net sales decreased 9.7% for the three months ended March 31, 2015, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $10.3 million on net sales for the three months ended March 31, 2015. The decrease in net sales for the three months ended March 31, 2015 was driven primarily by a decline in South Korea. We believe sales declines in South Korea and several other countries, which drove the decline in the region, were the result of Members adjusting to certain revisions to our operations and Marketing Plan designed to improve the training and retention of sales leaders, such as the shift in focus to our longer-term sales leader qualification method described above for the North America region, which was also implemented in the Asia Pacific region in 2009, and which we believe has had a similar effect on the long-term net sales trend in the region.
Net sales in South Korea decreased $27.2 million, or 27.5%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, net sales decreased 25.3% for the three months ended March 31, 2015, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $2.1 million on net sales for the three months ended March 31, 2015. South Korea has been negatively impacted by a shift in emphasis toward the longer-term Sales Leader qualification method, as well as other South Korea-specific Marketing Plan enhancements, while the market adapts to these changes.
Net sales in India increased $2.3 million, or 5.8%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, net sales increased 6.6% for the three months ended March 31, 2015, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $0.3 million on net sales for the three months ended March 31, 2015. We have increased product access within the India market and supported the adoption of daily consumption DMOs, especially the Nutrition Club. Early implementation of first order limitations and the shift of focus to towards longer-term Sales Leader qualification methods had a positive effect on Sales Leader ordering and retention.
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Net sales in Taiwan decreased $0.8 million, or 2.5%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, net sales increased 1.5% for the three months ended March 31, 2015, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $1.3 million on net sales for the three months ended March 31, 2015. Taiwan had a 2.5% price increase in July 2014. Taiwan volumes have been negatively impacted as the market adapts to a shift in emphasis towards longer-term Sales Leader qualification methods.
Net sales in Indonesia decreased $7.1 million, or 23.6%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, net sales decreased 17.4% for the three months ended March 31, 2015, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $1.9 million on net sales for the three months ended March 31, 2015. Indonesia has been negatively impacted as the market adapts to a shift towards longer-term Sales Leader qualification methods. Also, sales for certain products that have been removed from the marketplace to be reformulated declined approximately $1.4 million compared to the prior year period.
Net sales in Malaysia decreased $5.7 million, or 28.8%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, net sales decreased 21.8% for the three months ended March 31, 2015, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $1.4 million on net sales for the three months ended March 31, 2015. Areas of insufficient training during a period of strong growth in Nutrition Home Clubs contributed to a decline in the number and productivity of clubs. We are working with Member leadership in Malaysia to address these training issues. The market has also been negatively impacted while the market adapts to Marketing Plan changes such as first order limitations.
China
Net sales in China were $164.2 million for the three months ended March 31, 2015. Net sales increased $28.4 million, or 20.9%, for the three months ended March 31, 2015, as compared to the same period in 2014. In local currency, net sales increased 23.4% for the three months ended March 31, 2015, as compared to the same period in 2014. The fluctuation of foreign currency rates had an unfavorable impact of $3.5 million on net sales for the three months ended March 31, 2015.
We have seen continued adoption and acculturation of daily consumption DMOs in the China market, aided by continued acceptance of a Customer Loyalty program which was launched during 2013. We have also implemented on-line ordering in China, and extended our product line with several new product introductions.
Sales by Product Category
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Sales(2) |
Distributor
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Sales |
Shipping &
Handling Revenues |
Net
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Retail
Sales(2) |
Distributor
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Sales |
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Net
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Weight Management |
$ | 1,134.7 | $ | (481.0 | ) | $ | 653.7 | $ | 50.2 | $ | 703.9 | $ | 1,313.5 | $ | (575.5 | ) | $ | 738.0 | $ | 69.6 | $ | 807.6 | (12.8 | )% | ||||||||||||||||||||
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Targeted Nutrition |
406.1 | (172.1 | ) | 234.0 | 17.9 | 251.9 | 461.8 | (202.3 | ) | 259.5 | 24.5 | 284.0 | (11.3 | )% | ||||||||||||||||||||||||||||||
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Energy, Sports and Fitness |
96.8 | (41.0 | ) | 55.8 | 4.3 | 60.1 | 108.5 | (47.6 | ) | 60.9 | 5.8 | 66.7 | (9.9 | )% | ||||||||||||||||||||||||||||||
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Outer Nutrition |
57.1 | (24.2 | ) | 32.9 | 2.5 | 35.4 | 64.6 | (28.3 | ) | 36.3 | 3.4 | 39.7 | (10.8 | )% | ||||||||||||||||||||||||||||||
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Literature, Promotional and Other(1) |
50.6 | 1.3 | 51.9 | 2.2 | 54.1 | 60.1 | 1.3 | 61.4 | 3.2 | 64.6 | (16.3 | )% | ||||||||||||||||||||||||||||||||
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$ | 1,745.3 | $ | (717.0 | ) | $ | 1,028.3 | $ | 77.1 | $ | 1,105.4 | $ | 2,008.5 | $ | (852.4 | ) | $ | 1,156.1 | $ | 106.5 | $ | 1,262.6 | (12.5 | )% | ||||||||||||||||||||
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| (1) | Product buy backs and returns in all product categories are included in literature, promotional and other category |
| (2) | Retail Sales is a Non-GAAP measure which may not be comparable to similarly-titled measures used by other companies. |
Net sales for all product categories decreased for the three months ended March 31, 2015 as compared to the same period in 2014. The trend and business factors described in the above discussions of the individual geographic regions apply generally to all product categories.
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Gross Profit
Gross profit was $890.0 million for the three months ended March 31, 2015, as compared to $1,011.4 million for the same period in 2014 representing a decrease of $121.4 million or 12.0%. As a percentage of net sales, gross profit for the three months ended March 31, 2015 increased to 80.5% as compared to 80.1% for the same period in 2014. The 40 basis point net increase included the favorable impact of retail price increases of 107 basis points primarily related to the price increases in Venezuela, lower inventory write-downs of 23 basis points and country mix of 17 basis points, partially offset by the unfavorable impact of foreign currency fluctuations of 114 basis points primarily related to the currency devaluation in Venezuela. Generally, the gross profit as percentage of net sales may vary from period to period due to the impact from foreign currency fluctuations, changes in country mix as volume changes among countries with varying margins, retail price increases, cost savings through sourcing optimization and self-manufacturing, and inventory write-downs.
Royalty Overrides
Royalty overrides were $323.0 million for the three months ended March 31, 2015, as compared to $381.8 million for the same period in 2014. Royalty overrides as a percentage of net sales was 29.2% for the three months ended March 31, 2015, as compared to 30.2% for the same period in 2014. The decrease of royalty overrides as a percentage of net sales was primarily due to the higher growth of our China business relative to that of our worldwide business. Compensation to our independent service providers in China is included in selling, general and administrative expenses as opposed to royalty overrides where it is included for all other Members. Generally, this royalty overrides percentage may vary from period to period due to changes in the mix of products and countries because full royalty overrides are not paid on certain products and in certain countries.
Selling, General and Administrative Expenses
Selling, general and administrative expenses were $431.4 million for the three months ended March 31, 2015, as compared to $502.1 million for the same period in 2014. Selling, general and administrative expenses as a percentage of net sales were 39.0% for the three months ended March 31, 2015, as compared to 39.8% for the same period in 2014.
The decrease in selling, general and administrative expenses for the three months ended March 31, 2015 was primarily due to $70.2 million in lower net foreign exchange losses, which included $53.5 million in lower net foreign exchange losses during the first quarter of 2015 related to the remeasurement of our Bolivar-denominated monetary assets and liabilities at the SIMADI rate in the amount of $32.6 million, as compared to the $86.1 million net foreign exchange loss during the first quarter of 2014 related to the remasurement of our Bolivar-denominated monetary assets and liabilities at the SICAD I rate (See Liquidity and Capital Resources Working Capital and Operating Activities , for further discussion of currency exchange rate issues in Venezuela) and also included $12.8 million in foreign exchange gain resulting from Euro/U.S. dollar exposure primarily related to intercompany balances; $5.6 million in lower travel expenses due to cost control initiatives; $4.1 million in lower Member promotion and event costs; partially offset by $17.0 million in higher service fees to China independent service providers related to sales growth in China and $2.5 million in higher expenses related to the FTCs CID.
In late 2012, a hedge fund manager publicly raised allegations regarding the legality of our network marketing program and announced that the hedge fund manager had taken a significant short position regarding our common shares, leading to intense public scrutiny and significant stock price volatility. We have engaged legal and advisory services firms to assist with responding to the allegations and to perform other related services in connection to these events. For the three months ended March 31, 2015 and 2014, we recorded approximately $4.3 million of expenses related to this matter for both periods, which includes approximately $3.9 million and $4.0 million, respectively, of legal, advisory and other professional service fees. We expect to continue to incur expenses related to this matter over the next several periods and the expenses are expected to vary from period to period.
Net Interest Expense
Net interest expense is as follows:
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Net Interest Expense |
March 31,
2015 |
March 31,
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$ | 23.4 | $ | 17.8 | ||||
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The increase in net interest expense for the three months ended March 31, 2015, as compared to the same period in 2014, was primarily due to our issuance of $1.15 billion senior convertible notes in February 2014, including both cash and non-cash interest expense, discussed in Liquidity and Capital Resources below.
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Other expense, net
Other expense, net was $2.3 million for the three months ended March 31, 2015, as compared to $3.2 million for the same period in 2014. Other expense, net as a percentage of net sales was 0.2% for both the three months ended March 31, 2015 and 2014. The decrease in the other expense, net, for the three ended March 31, 2015, as compared to the same period in 2014, was due to lower other than temporary impairment losses recognized during the three months ended March 31, 2015 as compared to the same period in 2014 related to our investments in Bolivar-denominated bonds.
Income Taxes
Income taxes were $33.6 million for the three months ended March 31, 2015, as compared to $34.8 million for the same period in 2014. The effective income tax rate was 30.1% for the three months ended March 31, 2015, as compared to 31.8% for the same period in 2014. The decrease in the effective tax rate for the three months ended March 31, 2015, as compared to the same period in 2014, was primarily due to a decrease in net expenses from discrete events, partially offset by the impact of changes in the geographic mix of our income.
Liquidity and Capital Resources
We have historically met our working capital and capital expenditure requirements, including funding for expansion of operations, through net cash flows provided by operating activities. Variations in sales of our products directly affect the availability of funds. There are no material contractual restrictions on our ability to transfer and remit funds among our international affiliated companies. However, there are foreign currency restrictions in certain countries, such as Venezuela as discussed below, which could reduce our ability to timely obtain U.S. dollars. Even with these restrictions, we believe we will have sufficient resources, including cash flow from operating activities and access to capital markets, to meet debt service obligations in a timely manner and be able to continue to meet our objectives.
Our existing debt has not resulted from the need to fund our normal operations, but instead has resulted primarily from our previous and ongoing share repurchase program. Since inception in 2007, total share repurchases amounted to approximately $3.1 billion. While a significant net sales decline could potentially affect the availability of funds, many of our largest expenses are variable in nature, which we believe protects our funding in all but a dramatic net sales downturn. Our $715.5 million cash and cash equivalents and our senior secured credit facility in addition to cash flow from operations, can be used to support general corporate purposes, including, capital expenditures, share repurchases, and strategic investment opportunities.
We have a cash pooling arrangement with a financial institution for cash management purposes. This cash pooling arrangement allows certain of our participating subsidiaries to withdraw cash from this financial institution based upon our aggregate cash deposits held by subsidiaries who participate in the cash pooling arrangement. We did not owe any amounts to this financial institution under the pooling arrangement as of March 31, 2015 and December 31, 2014.
For the three months ended March 31, 2015, we generated $161.1 million of operating cash flow, as compared to $190.6 million for the same period in 2014. The decrease in our operating cash flow was the result of slightly higher net income offset by lower non-cash items, which included the foreign exchange losses, impairment losses and other asset write-downs related to Venezuela; partially offset by net favorable changes in operating assets and liabilities. The change in operating assets and liabilities was primarily the result of changes in prepaid expenses and other current assets which included lower prepayments resulting from financing an annual system support contract and lower prepaid non-income taxes; changes in accrued expenses and accrued compensation primarily related to lower employee bonus payments; partially offset by changes in royalty overrides primarily related to sales fluctuations.
Capital expenditures, including accrued capital expenditures, for the three months ended March 31, 2015 and 2014 were $15.4 million and $49.7 million, respectively. The majority of these expenditures represented investments in manufacturing facilities domestically and internationally, management information systems, initiatives to develop web-based Member tools, and the expansion of our warehouse and sales centers. We expect to incur total capital expenditures of approximately $120 million to $140 million for the full year of 2015.
In March 2015, Herbalife hosted its annual global Herbalife Summit event in Los Angeles, California, where President Team members from around the world met and shared best practices, conducted leadership training and Herbalife management awarded Members $72.4 million of Mark Hughes bonus payments related to their 2014 performance. In March 2014, Herbalife management awarded Members $71.6 million of Mark Hughes bonus payments related to their 2013 performance.
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Senior Secured Credit Facility
We currently have a senior secured credit facility, or the Credit Facility, with a syndicate of financial institutions as lenders which consists of a $700.0 million revolving credit facility and a $500.0 million term loan, or the Term Loan. The Credit Facility has a five year maturity and expires on March 9, 2016. We will make regular scheduled payments for the Term Loan consisting of both principal and interest components. The Credit Facility requires us to comply with a leverage ratio and a coverage ratio. In addition, the Credit Facility contains customary covenants, including covenants that limit or restrict our ability to incur liens, incur indebtedness, make investments, dispose of assets, make certain restricted payments, pay dividends, repurchase our common shares, merge or consolidate and enter into certain transactions with affiliates. As of March 31, 2015 and December 31, 2014, we were compliant with our debt covenants under the Credit Facility.
During the three months ended March 31, 2015, we repaid a total amount of $25.0 million under the Credit Facility. Our cash and cash equivalents provided by our borrowings provide us with greater flexibility to execute strategic initiatives and to be opportunistically responsive to future events. As of March 31, 2015 and December 31, 2014, the U.S. dollar amount outstanding under the Credit Facility was $825.0 million and $850.0 million, respectively. Of the $825.0 million U.S. dollar amount outstanding under the Credit Facility as of March 31, 2015, $325.0 million was outstanding on the Term Loan and $500.0 million was outstanding on the revolving credit facility. Of the $850.0 million U.S. dollar amount outstanding under the Credit Facility as of December 31, 2014, $350.0 million was outstanding on the Term Loan and $500.0 million was outstanding on the revolving credit facility. There were no outstanding foreign currency borrowings as of March 31, 2015 and December 31, 2014 under the Credit Facility. On March 31, 2015 and December 31, 2014, the weighted average interest rate for borrowings under the Credit Facility, including borrowings under the Term Loan, was 2.69% and 3.04%, respectively.
See Note 4, Long-Term Debt , and Note 14, Subsequent Events , to the Condensed Consolidated Financial Statements for a further discussion on our Credit Facility.
Convertible Senior Notes
During February 2014, we issued $1.15 billion aggregate principal amount of convertible senior notes, or the Convertible Notes. The Convertible Notes are senior unsecured obligations which rank effectively subordinated to any of our existing and future secured indebtedness, including amounts outstanding under the Credit Facility, to the extent of the value of the assets securing such indebtedness. The Convertible Notes pay interest at a rate of 2.00% per annum payable semiannually in arrears on February 15 and August 15 of each year, beginning on August 15, 2014. The Convertible Notes mature on August 15, 2019, unless earlier repurchased or converted. The primary purpose of the issuance of the Convertible Notes was for share repurchase purposes. See Note 4, Long-Term Debt , to the Condensed Consolidated Financial Statements for a further discussion on our Convertible Notes.
Off-Balance Sheet Arrangements
At March 31, 2015 and December 31, 2014, we had no material off-balance sheet arrangements as defined in Item 303(a)(4)(ii) of Regulation S-K.
Dividends
The declaration of future dividends is subject to the discretion of our board of directors and will depend upon various factors, including our earnings, financial condition, Herbalife Ltd.s available distributable reserves under Cayman Islands law, restrictions imposed by the Credit Facility and the terms of any other indebtedness that may be outstanding, cash requirements, future prospects and other factors deemed relevant by our board of directors. The Credit Facility permits payments of dividends as long as no default or event of default exists and the consolidated leverage ratio specified in the Credit Facility is not exceeded.
There were no dividends declared and paid during the three months ended March 31, 2015. The aggregate amount of dividends declared and paid during the three months ended March 31, 2014 was $30.4 million.
See Note 10, Shareholders Deficit , to the Condensed Consolidated Financial Statements for a further discussion of dividends.
Share Repurchases
Our board of directors has authorized a $1.5 billion share repurchase program that will expire on June 30, 2017. This share repurchase program allows us to repurchase our common shares, at such times and prices as determined by us as market conditions warrant, and to the extent Herbalife Ltd.s distributable reserves are available under Cayman Islands law. The Credit Facility permits us to repurchase our common shares as long as no default or event of default exists and the consolidated leverage ratio specified in the Credit Facility is not exceeded.
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In conjunction with the issuance of the Convertible Notes during February 2014, we paid approximately $685.8 million to enter into prepaid forward share repurchase transactions, or the Forward Transactions, with certain financial institutions, or the Forward Counterparties, pursuant to which we purchased approximately 9.9 million common shares for settlement on or around the August 15, 2019 maturity date for the Convertible Notes, subject to the ability of each Forward Counterparty to elect to settle all or a portion of its Forward Transactions early.
During the three months ended March 31, 2015, we did not repurchase any of our common shares through open market purchases. As of March 31, 2015, the remaining authorized capacity under our share repurchase program was $232.9 million inclusive of reductions for the Forward Transactions. See Note 10, Shareholders Deficit , to the Condensed Consolidated Financial Statements for a further discussion of share repurchases.
Capped Call Transactions
In connection with the issuance of Convertible Notes, we paid approximately $123.8 million to enter into capped call transactions with respect to our common shares, or the Capped Call Transactions, with certain financial institutions. The Capped Call Transactions are expected generally to reduce the potential dilution upon conversion of the Convertible Notes in the event that the market price of the common shares is greater than the strike price of the Capped Call Transactions, initially set at $86.28 per common share, with such reduction of potential dilution subject to a cap based on the cap price initially set at $120.79 per common share. See Note 10, Shareholders Deficit , to the Condensed Consolidated Financial Statements for a further discussion of the Capped Call Transactions.
Working Capital and Operating Activities
As of March 31, 2015 and December 31, 2014, we had positive working capital of $259.3 million and $518.6 million, respectively, or a decrease of $259.3 million. This decrease was primarily due to the increase in the current portion of long-term debt as $404.3 million of the Credit Facility primarily relating to the term loan will be paid by March 9, 2016; a decrease in inventory; partially offset by an increase in cash and cash equivalents and a decrease in royalty overrides.
We expect that cash and funds provided from operations, available borrowings under the Credit Facility, and access to capital markets will provide sufficient working capital to operate our business, to make expected capital expenditures and to meet foreseeable liquidity requirements, including payment of amounts outstanding under the Credit Facility, for the next twelve months and thereafter. In May 2015, the Company amended the Credit Facility as described further in Note 14, Subsequent Events .
The majority of our purchases from suppliers are generally made in U.S. dollars, while sales to our Members generally are made in local currencies. Consequently, strengthening of the U.S. dollar versus a foreign currency can have a negative impact on net sales and contribution margins and can generate transaction gains or losses on intercompany transactions. For discussion of our foreign exchange contracts and other hedging arrangements, see Part I, Item 3 Quantitative and Qualitative Disclosures about Market Risk .
Venezuela
Currency Restrictions
Herbalife Venezuela currently imports it products into Venezuela. Foreign exchange controls in that country limit Herbalife Venezuelas ability to repatriate earnings and settle its intercompany obligations at any official rate. As a result, our Bolivar-denominated cash and cash equivalents have continued to accumulate, increasing the potential impact of any currency devaluation. The current operating environment in Venezuela also continues to be challenging for our Venezuela business, with high inflation, price controls, and the risk that the government will further devalue the Bolivar. See Note 2, Significant Accounting Policies, to the Condensed Consolidated Financial Statements for discussion on how the currency restrictions in Venezuela have impacted Herbalife Venezuelas operations.
We plan to utilize the official rates to the extent allowable under Venezuelan government restrictions in order to exchange Bolivars for U.S. dollars. We also plan to access government, PDVSA bond offerings, and alternative legal exchange mechanisms when they are made available. As described in Note 2, Significant Accounting Policies , to the Condensed Consolidated Financial Statements, these alternative legal exchange mechanisms or less favorable official exchange mechanisms could cause us to recognize
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additional foreign exchange losses if they are less favorable than the SIMADI rate. If unfavorable rates are used to remeasure Herbalife Venezuelas financial statements in future periods and the extent to which we can increase local prices is restricted, this could negatively impact our future operating income and have an adverse impact on our Venezuelan business. Our ability to access the CENCOEX rate, SICAD rate, SIMADI rate, or any other future official exchange rate could impact what exchange rates will be used for remeasurement purposes in future periods. We continue to assess and monitor the current economic and political environment in Venezuela. At March 31, 2015, the SIMADI rate was 192 Bolivars per U.S. dollar.
As described in Note 2, Significant Accounting Policies , to the Condensed Consolidated Financial Statements, we adopted the SIMADI exchange rate during the first quarter of 2015 which was used to remeasure our Venezuelan subsidiarys financial statements at March 31, 2015. We recognized $32.6 million in foreign exchange losses in selling, general & administrative expenses and $1.4 million of inventory write downs in cost of sales within our condensed consolidated statement of income for the three months ended March 31, 2015 related to the remeasurement of our Venezuelan subsidiarys financial statements.
Consolidation of Herbalife Venezuela
We continue to operate in Venezuela and the increasing foreign currency constraints continue to create significant challenges for Herbalife Venezuela. In October 2014, Herbalife Venezuela executed a contract with a Venezuelan contract manufacturer to locally manufacture products to be sold to Herbalife Venezuela in Bolivars. We expect the local contract manufacturing to begin sometime in 2015. While the initial volume of local contract manufacturing is not expected to be significant, Herbalife Venezuela plans to expand its contract volume with the local manufacturer to include additional products in future periods. Other strategies we have implemented to limit our financial exposure from currency restrictions and devaluations in our Venezuela operation while we continue to support our Members and their consumers include operating hour limitations, order size limitations, limiting Member promotions and events to local Bolivar-denominated expenses, and limiting the importation of products into Venezuela. Herbalife Venezuela will continue to apply for legal exchange mechanisms to convert its Bolivars to U.S. dollars. Despite the currency exchange restrictions in Venezuela, we continue to control Herbalife Venezuela and its operations. Therefore, we continue to consolidate Herbalife Venezuela in our condensed consolidated financial statements.
Herbalife Venezuelas net sales represented approximately 1% and 4% of our consolidated net sales for the three months ended March 31, 2015 and 2014, respectively, and its total assets represented approximately 1% and 2% of our consolidated total assets as of March 31, 2015 and December 31, 2014, respectively. As of March 31, 2015 and December 31, 2014, the majority of Herbalife Venezuelas total assets consisted of Bolivar-denominated cash and cash equivalents.
See the 2014 10-K for further information on Herbalife Venezuela and Venezuelas highly inflationary economy.
Contingencies
See Note 5, Contingencies , to the Condensed Consolidated Financial Statements included in Item 1 of Part I of this Quarterly Report on Form 10-Q, for information on our contingencies as of March 31, 2015.
Critical Accounting Policies
U.S. GAAP requires us to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the year. We regularly evaluate our estimates and assumptions related to revenue recognition, allowance for product returns, inventory, goodwill and purchased intangible asset valuations, deferred income tax asset valuation allowances, uncertain tax positions, tax contingencies, and other loss contingencies. We base our estimates and assumptions on current facts, historical experience and various other factors that we believe to be reasonable under the circumstances, the results of which form the basis for making judgments about the carrying values of assets and liabilities and the recording of revenue, costs and expenses. Actual results could differ from those estimates. We consider the following policies to be most critical in understanding the judgments that are involved in preparing the financial statements and the uncertainties that could impact our operating results, financial condition and cash flows.
We are a nutrition company that sells a wide range of weight management, targeted nutrition, energy, sports & fitness, and outer nutrition products. Our products are manufactured by third party providers and by us in our Changsha, Hunan, China extraction facility, Suzhou, China facility, Lake Forest, California facility, and in our Winston-Salem, North Carolina facility, and then are sold to Members who consume and sell Herbalife products to retail consumers or other Members. As of March 31, 2015, we sold products in 91 countries throughout the world and we are organized and managed by geographic region. We aggregate our operating segments into one reporting segment, except China, as management believes that our operating segments have similar operating characteristics and similar long term operating performance. In making this determination, management believes that the operating segments are similar in the nature of the products sold, the product acquisition process, the types of customers to whom products are sold, the methods used to distribute the products, the nature of the regulatory environment, and their economic characteristics.
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We generally recognize revenue upon delivery and when both the title and risk and rewards pass to the Member or importer, or as products are sold in our retail stores in China or through our independent service providers in China. Net sales include product sales and shipping and handling revenues. Product sales are recognized net of product returns, and discounts referred to as distributor allowances. We generally receive the net sales price in cash or through credit card payments at the point of sale. Related royalty overrides are recorded when revenue is recognized.
Allowances for product returns, primarily in connection with our buyback program, are provided at the time the sale is recorded. This accrual is based upon historical return rates for each country and the relevant return pattern, which reflects anticipated returns to be received over a period of up to 12 months following the original sale. Historically, product returns and buybacks have not been significant. Product returns and buybacks were approximately 0.1% of product sales for the three months ended March 31, 2015 and 2014.
We adjust our inventories to lower of cost or market. Additionally we adjust the carrying value of our inventory based on assumptions regarding future demand for our products and market conditions. If future demand and market conditions are less favorable than managements assumptions, additional inventory write-downs could be required. Likewise, favorable future demand and market conditions could positively impact future operating results if previously written down inventories are sold. We have obsolete and slow moving inventories which have been adjusted downward $40.9 million and $41.6 million to present them at their lower of cost or market in our condensed consolidated balance sheets as of March 31, 2015 and December 31, 2014, respectively.
Goodwill and marketing related intangible assets not subject to amortization are tested annually for impairment, and are tested for impairment more frequently if events and circumstances indicate that the asset might be impaired. An impairment loss is recognized to the extent that the carrying amount exceeds the assets fair value. As discussed below, for goodwill impairment testing, we have the option to perform a qualitative assessment of whether it is more likely than not that a reporting units fair value is less than its carrying amount before applying the two-step goodwill impairment test. If we conclude it is not more likely than not that the fair value of a reporting unit is less than its carrying amount, then there is no need to perform the two-step impairment test. Currently, we do not use this qualitative assessment option but we could in the future elect to use this option. For our marketing related intangible assets a similar qualitative option is also currently available. However, we currently use a discounted cash flow model, or the income approach, under the relief-from-royalty method to determine the fair value of our marketing related intangible assets in order to confirm there is no impairment required. For our marketing related intangible assets, if we do not use this qualitative assessment option, we could still in the future elect to use this option.
In order to estimate the fair value of goodwill, we also primarily use an income approach. The determination of impairment is made at the reporting unit level and consists of two steps. First, we determine the fair value of a reporting unit and compare it to its carrying amount. The determination of the fair value of the reporting units requires us to make significant estimates and assumptions. These estimates and assumptions include estimates of future revenues and expense growth rates, capital expenditures and the depreciation and amortization related to these capital expenditures, discount rates, and other inputs. Due to the inherent uncertainty involved in making these estimates, actual future results could differ. Changes in assumptions regarding future results or other underlying assumptions could have a significant impact on the fair value of the reporting unit. Second, if the carrying amount of a reporting unit exceeds its fair value, an impairment loss is recognized for any excess of the carrying amount of the reporting units goodwill and other intangibles over the implied fair value as determined in Step 2 of the goodwill impairment test. Also, if during Step 1 of a goodwill impairment test we determine we have reporting units with zero or negative carrying amounts, then we perform Step 2 of the goodwill impairment test if it is more likely than not that a goodwill impairment exists. During Step 2 of a goodwill impairment test, the implied fair value of goodwill is determined in a similar manner as how the amount of goodwill recognized in a business combination is determined, in accordance with the Financial Accounting Standards Board, or FASB, Accounting Standards Codification, or ASC, Topic 805, Business Combinations . We would assign the fair value of a reporting unit to all of the assets and liabilities of that reporting unit as if the reporting unit had been acquired in a business combination and the fair value of the reporting unit was the price paid to acquire the reporting unit. The excess of the fair value of a reporting unit over the amounts assigned to its assets and liabilities is the implied fair value of goodwill. As of March 31, 2015 and December 31, 2014, we had goodwill of approximately $96.5 million and $102.2 million, respectively. As of both March 31, 2015 and December 31, 2014, we had marketing related intangible assets of approximately $310.0 million. The decrease in goodwill during the three months ended March 31, 2015 was due to cumulative translation adjustments. No marketing related intangibles or goodwill impairment was recorded during the three months ended March 31, 2015 and 2014.
Contingencies are accounted for in accordance with the FASB ASC Topic 450, Contingencies, or ASC 450. ASC 450 requires that we record an estimated loss from a loss contingency when information available prior to issuance of our financial statements indicates that it is probable that an asset has been impaired or a liability has been incurred at the date of the financial statements and the amount of the loss can be reasonably estimated. We also disclose material contingencies when we believe a loss is not probable but reasonably possible as required by ASC 450. Accounting for contingencies such as legal and non-income tax matters requires us to use judgment related to both the likelihood of a loss and the estimate of the amount or range of loss. Many of these legal and tax contingencies can take years to be resolved. Generally, as the time period increases over which the uncertainties are resolved, the likelihood of changes to the estimate of the ultimate outcome increases.
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Deferred income tax assets have been established for net operating loss and interest carryforwards of certain foreign subsidiaries and have been reduced by a valuation allowance to reflect them at amounts estimated to be ultimately realized. Although realization is not assured, we believe it is more likely than not that the net carrying value will be realized. The amount of the carryforwards that is considered realizable, however, could change if estimates of future taxable income are adjusted. In the ordinary course of our business, there are many transactions and calculations where the tax law and ultimate tax determination is uncertain. As part of the process of preparing our consolidated financial statements, we are required to estimate our income taxes in each of the jurisdictions in which we operate prior to the completion and filing of tax returns for such periods. These estimates involve complex issues and require us to make judgments about the likely application of the tax law to our situation, as well as with respect to other matters, such as anticipating the positions that we will take on tax returns prior to us actually preparing the returns and the outcomes of disputes with tax authorities. The ultimate resolution of these issues may take extended periods of time due to examinations by tax authorities and statutes of limitations. In addition, changes in our business, including acquisitions, changes in our international corporate structure, changes in the geographic location of business functions or assets, changes in the geographic mix and amount of income, as well as changes in our agreements with tax authorities, valuation allowances, applicable accounting rules, applicable tax laws and regulations, rulings and interpretations thereof, developments in tax audit and other matters, and variations in the estimated and actual level of annual pre-tax income can affect the overall effective income tax rate.
We account for uncertain tax positions in accordance with the FASB ASC Topic 740, Income Taxes, or ASC 740, which provides guidance on the determination of how tax benefits claimed or expected to be claimed on a tax return should be recorded in the financial statements. Under ASC 740, we must recognize the tax benefit from an uncertain tax position only if it is more likely than not that the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. The tax benefits recognized in the financial statements from such a position are measured based on the largest benefit that has a greater than fifty percent likelihood of being realized upon ultimate resolution.
We account for foreign currency transactions in accordance with the FASB ASC Topic 830, Foreign Currency Matters . In a majority of the countries where we operate, the functional currency is the local currency. Our foreign subsidiaries asset and liability accounts are translated for consolidated financial reporting purposes into U.S. dollar amounts at period-end exchange rates. Revenue and expense accounts are translated at the average rates during the year. Our foreign exchange translation adjustments are included in accumulated other comprehensive loss on our accompanying consolidated balance sheets. Foreign currency transaction gains and losses and foreign currency remeasurements are generally included in selling, general and administrative expenses in the accompanying consolidated statements of income.
New Accounting Pronouncements
See discussion under Note 2, Significant Accounting Policies, to the Condensed Consolidated Financial Statements included in Item 1 of Part I of this Quarterly Report on Form 10-Q, for information on new accounting pronouncements.
Item 3. Quantitative and Qualitative Disclosures About Market Risk
We are exposed to market risks, which arise during the normal course of business from changes in interest rates and foreign currency exchange rates. On a selected basis, we use derivative financial instruments to manage or hedge these risks. All hedging transactions are authorized and executed pursuant to written guidelines and procedures.
We apply FASB ASC Topic 815, Derivatives and Hedging, or ASC 815, which established accounting and reporting standards for derivative instruments, including certain derivative instruments embedded in other contracts, and for hedging activities. All derivatives, whether designated in hedging relationships or not, are required to be recorded on the balance sheet at fair value. If the derivative is designated as a fair-value hedge, the changes in the fair value of the derivative and the underlying hedged item are recognized concurrently in earnings. If the derivative is designated as a cash-flow hedge, changes in the fair value of the derivative are recorded in other comprehensive income (loss) and are recognized in the condensed consolidated statements of income when the hedged item affects earnings. ASC 815 defines the requirements for designation and documentation of hedging relationships as well as ongoing effectiveness assessments in order to use hedge accounting. For a derivative that does not qualify as a hedge, changes in fair value are recognized concurrently in earnings.
A discussion of our primary market risk exposures and derivatives is presented below.
Foreign Exchange Risk
We transact business globally and are subject to risks associated with changes in foreign exchange rates. Our objective is to minimize the impact to earnings and cash flow associated with foreign exchange rate fluctuations. We enter into foreign exchange derivatives in the ordinary course of business primarily to reduce exposure to currency fluctuations attributable to intercompany transactions, translation of local currency revenue, inventory purchases subject to foreign currency exposure, and to partially mitigate the impact of foreign currency rate fluctuations. Due to volatility in foreign exchange markets, our current strategy, in general, is to
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hedge some of the significant exposures on a short-term basis. We will continue to monitor the foreign exchange markets and evaluate our hedging strategy accordingly. With the exception of our foreign exchange forward contracts relating to forecasted inventory purchases and intercompany management fees discussed below, all of our foreign exchange contracts are designated as free standing derivatives for which hedge accounting does not apply. The changes in the fair value of the derivatives not qualifying as cash flow hedges are included in selling, general and administrative expenses in our condensed consolidated statements of income.
The foreign exchange forward contracts designated as free standing derivatives are used to hedge advances between subsidiaries and to partially mitigate the impact of foreign currency fluctuations. The fair value of foreign exchange derivative contracts is based on third-party quotes. Our foreign currency derivative contracts are generally executed on a monthly basis.
We also purchase foreign currency forward contracts in order to hedge forecasted inventory transactions and intercompany management fees that are designated as cash-flow hedges and are subject to foreign currency exposures. We applied the hedge accounting rules as required by ASC 815 for these hedges. These contracts allow us to buy and sell certain currencies at specified contract rates. As of March 31, 2015 and December 31, 2014, the aggregate notional amounts of these contracts outstanding were approximately $201.6 million and $225.3 million, respectively. At March 31, 2015, the outstanding contracts were expected to mature over the next twelve months. Our derivative financial instruments are recorded on the condensed consolidated balance sheet at fair value based on quoted market rates. For the forecasted inventory transactions, the forward contracts are used to hedge forecasted inventory transactions over specific months. Changes in the fair value of these forward contracts, excluding forward points, designated as cash-flow hedges are recorded as a component of accumulated other comprehensive income (loss) within shareholders deficit, and are recognized in cost of sales in the condensed consolidated statement of income during the period which approximates the time the hedged inventory is sold. We also hedge forecasted intercompany management fees over specific months. Changes in the fair value of these forward contracts designated as cash flow hedges are recorded as a component of accumulated other comprehensive loss within shareholders deficit, and are recognized in selling, general and administrative expenses in the condensed consolidated statement of income in the period when the hedged item and underlying transaction affects earnings. As of March 31, 2015, we recorded assets at fair value of $18.2 million and liabilities at fair value of $6.1 million relating to all outstanding foreign currency contracts designated as cash-flow hedges. As of December 31, 2014, we recorded assets at fair value of $12.3 million and liabilities at fair value of $1.6 million relating to all outstanding foreign currency contracts designated as cash-flow hedges. During the three months ended March 31, 2015 and 2014, the ineffective portion relating to these hedges was immaterial and the hedges remained effective as of March 31, 2015 and December 31, 2014.
As of March 31, 2015 and December 31, 2014, the majority of our outstanding foreign currency forward contracts had maturity dates of less than twelve months with the majority of freestanding derivatives expiring within three and two months as of March 31, 2015 and December 31, 2014, respectively.
The following table provides information about the details of our foreign exchange forward contracts:
|
Foreign Currency |
Average
Contract Rate |
Notional
Amount |
Fair
Value Gain (Loss) |
|||||||||
| (In millions) | (In millions) | |||||||||||
|
At March 31, 2015 |
||||||||||||
|
Buy Brazilian real sell U.S. dollar |
2.67 | $ | 0.3 | $ | (0.1 | ) | ||||||
|
Buy Chinese yuan sell Euro |
7.72 | 7.0 | 1.1 | |||||||||
|
Buy Chinese yuan sell U.S. dollar |
6.38 | 82.3 | 0.6 | |||||||||
|
Buy Euro sell Australian dollar |
1.42 | 4.7 | | |||||||||
|
Buy Euro sell Chilean peso |
681.04 | 0.5 | | |||||||||
|
Buy Euro sell Indonesian rupiah |
14,255.00 | 1.5 | | |||||||||
|
Buy Euro sell Mexican peso |
17.37 | 123.5 | (6.6 | ) | ||||||||
|
Buy Euro sell Philippine peso |
49.05 | 0.8 | | |||||||||
|
Buy Euro sell Russian ruble |
77.51 | 3.6 | (0.8 | ) | ||||||||
|
Buy Euro sell U.S. dollar |
1.27 | 1.3 | (0.2 | ) | ||||||||
|
Buy British pound sell Euro |
0.76 | 3.6 | 0.2 | |||||||||
|
Buy Indonesian rupiah sell U.S. dollar |
13,816.00 | 4.0 | | |||||||||
|
Buy Kazakhstani tenge sell U.S. dollar |
221.50 | 1.1 | | |||||||||
|
Buy Malaysian ringgit sell U.S. dollar |
3.74 | 2.4 | | |||||||||
|
Buy Norwegian krone sell U.S. dollar |
7.92 | 1.3 | | |||||||||
|
Buy Russian ruble sell Euro |
65.12 | 3.0 | 0.1 | |||||||||
|
Buy Russian ruble sell U.S. dollar |
59.57 | 1.1 | | |||||||||
|
Buy Swedish krona sell U.S. dollar |
8.46 | 1.9 | | |||||||||
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The majority of our foreign subsidiaries designate their local currencies as their functional currencies. At March 31, 2015 and December 31, 2014, the total amount of our foreign subsidiary cash was $287.2 million and $440.8 million, respectively, of which $8.2 million and $8.3 million, respectively, was invested in U.S. dollars. At March 31, 2015 and December 31, 2014, the total amount of cash and cash equivalents held by our parent and its U.S. entities was $428.3 million and $204.6 million, respectively.
Currency restrictions enacted by the Venezuelan government have become more restrictive and have impacted the ability of our subsidiary in Venezuela, or Herbalife Venezuela, to obtain U.S. dollars in exchange for Venezuelan Bolivars, or Bolivars, at the official foreign exchange rates from the Venezuelan government. See Note 2, Significant Accounting Policies, to the Condensed Consolidated Financial Statements for discussion on how the currency restrictions in Venezuela have impacted Herbalife Venezuelas operations.
Interest Rate Risk
As of March 31, 2015, the aggregate annual maturities of the Credit Facility were expected to be $75.0 million for the remainder of 2015 and $750.0 million for 2016. On May 4, 2015, the Credit Facility was amended, as described in Note 14, Subsequent Events . Pursuant to the amended Credit Facility, the aggregate annual maturities are now expected to be $174.6 million for the remainder of 2015, $229.7 million for 2016, and $420.7 million for 2017. The fair value of the Credit Facility approximated its carrying value of $825.0 million as of March 31, 2015.The fair value of the Credit Facility approximated its carrying value of $850.0 million as of December 31, 2014. The Credit Facility bears a variable interest rate, and on March 31, 2015 and December 31, 2014, the weighted average interest rate of the Credit Facility, including borrowings under the Term Loan, was 2.69% and 3.04%, respectively. As of March 31, 2015, the fair value of the liability component of our $1.15 billion Convertible Notes was approximately $866.2 million and the carrying value was $970.5 million. The Convertible Notes pay interest at a fixed rate of 2.00% per annum payable semiannually in arrears on February 15 and August 15 of each year, beginning on August 15, 2014. The Convertible Notes mature on August 15, 2019, unless earlier repurchased or converted. We may not redeem the Convertible Notes prior to their stated maturity date. Since our Credit Facility is based on variable interest rates, and as we have not entered into any new interest swap arrangements since the expiration of our previous interest rate swaps in July 2013, if interest rates were to increase or decrease by 1% for the year, and our borrowing amounts stayed constant on our Credit Facility, our annual interest expense would increase or decrease by approximately $8.3 million.
Item 4. Controls And Procedures
Evaluation of Disclosure Controls and Procedures. Our management, including our Chief Executive Officer and Chief Financial Officer, has evaluated the effectiveness of our disclosure controls and procedures (as such term is defined in Rules 13a-15(e) and 15d-15(e) under the Securities Exchange Act of 1934, as amended, or the Exchange Act) as of the end of the period covered by this Quarterly Report on Form 10-Q. Based on such evaluation, our Chief Executive Officer and our Chief Financial Officer have concluded that our disclosure controls and procedures were effective as of March 31, 2015.
Changes in Internal Control over Financial Reporting. There were no changes in our internal control over financial reporting (as defined in Rules 13a-15(f) and 15d-15(f) under the Exchange Act) that occurred during the quarter ended March 31, 2015 that have materially affected, or are reasonably likely to materially affect, our internal control over financial reporting.
This document contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. All statements other than statements of historical fact are forward-looking statements for purposes of federal and state securities laws, including any projections of earnings, revenue or other financial items; any statements of the plans, strategies and objectives of management for future operations; any statements concerning proposed new services or developments; any statements regarding future economic conditions or performance; any statements of belief; and any statements of assumptions underlying any of the foregoing. Forward-looking statements may include the words may, will, estimate, intend, continue, believe, expect or anticipate and any other similar words.
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Although we believe that the expectations reflected in any of our forward-looking statements are reasonable, actual results could differ materially from those projected or assumed in any of our forward-looking statements. Our future financial condition and results of operations, as well as any forward-looking statements, are subject to change and to inherent risks and uncertainties, such as those disclosed or incorporated by reference in our filings with the Securities and Exchange Commission. Important factors that could cause our actual results, performance and achievements, or industry results to differ materially from estimates or projections contained in our forward-looking statements include, among others, the following:
| | our relationship with, and our ability to influence the actions of, our Members; |
| | improper action by our employees or Members in violation of applicable law; |
| | adverse publicity associated with our products or network marketing organization, including our ability to comfort the marketplace and regulators regarding our compliance with applicable laws; |
| | changing consumer preferences and demands; |
| | our reliance upon, or the loss or departure of any member of, our senior management team which could negatively impact our Member relations and operating results; |
| | the competitive nature of our business; |
| | regulatory matters governing our products, including potential governmental or regulatory actions concerning the safety or efficacy of our products and network marketing program, including the direct selling market in which we operate; |
| | legal challenges to our network marketing program; |
| | risks associated with operating internationally and the effect of economic factors, including foreign exchange, inflation, disruptions or conflicts with our third party importers, pricing and currency devaluation risks, especially in countries such as Venezuela; |
| | uncertainties relating to the application of transfer pricing, duties, value added taxes, and other tax regulations, and changes thereto; |
| | uncertainties relating to interpretation and enforcement of legislation in China governing direct selling; |
| | our inability to obtain the necessary licenses to expand our direct selling business in China; |
| | adverse changes in the Chinese economy; |
| | our dependence on increased penetration of existing markets; |
| | contractual limitations on our ability to expand our business; |
| | our reliance on our information technology infrastructure and outside manufacturers; |
| | the sufficiency of trademarks and other intellectual property rights; |
| | product concentration; |
| | changes in tax laws, treaties or regulations, or their interpretation; |
| | taxation relating to our Members; |
| | product liability claims; |
| | whether we will purchase any of our shares in the open markets or otherwise; and |
| | share price volatility related to, among other things, speculative trading and certain traders shorting our common shares. |
Additional factors that could cause actual results to differ materially from our forward-looking statements are set forth in this Quarterly Report on Form 10-Q, including under the heading Risk Factors, Managements Discussion and Analysis of Financial Condition and Results of Operations and in our Condensed Consolidated Financial Statements and the related Notes.
Forward-looking statements in this Quarterly Report on Form 10-Q speak only as of the date hereof, and forward-looking statements in documents attached that are incorporated by reference speak only as of the date of those documents. We do not undertake any obligation to update or release any revisions to any forward-looking statement or to report any events or circumstances after the date hereof or to reflect the occurrence of unanticipated events, except as required by law.
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See discussion under Note 5, Contingencies , to the Condensed Consolidated Financial Statements included in Item 1 of Part I of this Quarterly Report on Form 10-Q, which is incorporated herein by reference.
Risks Related to Us and Our Business
Our failure to establish and maintain Member and sales leader relationships for any reason could negatively impact sales of our products and harm our financial condition and operating results.
We distribute our products exclusively to and through approximately 4.1 million independent Members, and we depend upon them directly for substantially all of our sales. Our Members, including our sales leaders, may voluntarily terminate their Member agreements with us at any time. To increase our revenue, we must increase the number of, or the productivity of, our Members. Accordingly, our success depends in significant part upon our ability to recruit, retain and motivate a large base of Members. The loss of a significant number of Members for any reason could negatively impact sales of our products and could impair our ability to attract new Members. In our efforts to attract and retain Members, we compete with other network marketing organizations, including those in the weight management, dietary and nutritional supplement and personal care and cosmetic product industries. Our operating results could be harmed if our existing and new business opportunities and products do not generate sufficient interest to retain existing Members and attract new Members.
Our Member organization has a high turnover rate, which is a common characteristic found in the direct selling industry. For the latest twelve month re-qualification period ending January 2015, approximately 54.2% of our sales leaders, excluding China, Venezuela and Argentina, re-qualified. We did not require our Venezuelan sales leaders to re-qualify temporarily for the period ended January 2014 due to product supply limitation resulting from currency restrictions; the Venezuela re-qualification requirement resumed for the period ended January 2015 after providing the market time to adjust to supply levels. We did not require our Argentinean sales leaders to re-qualify temporarily for the period ended January 2015 due to product supply challenges resulting from importation restrictions. If Venezuela and Argentina were included on a normalized basis, the percentage would have been 53.4%.
Because we cannot exert the same level of influence or control over our independent Members as we could were they our own employees, our Members could fail to comply with applicable law or our Member policies and procedures, which could result in claims against us that could harm our financial condition and operating results.
Our Members are independent contractors and, accordingly, we are not in a position to directly provide the same direction, motivation and oversight as we would if Members were our own employees. As a result, there can be no assurance that our Members will participate in our marketing strategies or plans, accept our introduction of new products, or comply with our Members policies and procedures.
Extensive federal, state and local laws regulate our business, products and network marketing program. Because we have expanded into foreign countries, our policies and procedures for our independent Members differ due to the different legal requirements of each country in which we do business. While we have implemented Member policies and procedures designed to govern Member conduct and to protect the goodwill associated with Herbalife trademarks and tradenames, it can be difficult to enforce these policies and procedures because of the large number of Members and their independent status. Violations by our independent Members of applicable law or of our policies and procedures in dealing with customers could reflect negatively on our products and operations and harm our business reputation. In addition, it is possible that a court could hold us civilly or criminally accountable based on vicarious liability because of the actions of our independent Members.
Adverse publicity associated with our products, ingredients or network marketing program, or those of similar companies, could harm our financial condition and operating results.
The size of our distribution force and the results of our operations may be significantly affected by the publics perception of the Company and similar companies. This perception is dependent upon opinions concerning:
| | the safety and quality of our products and ingredients; |
| | the safety and quality of similar products and ingredients distributed by other companies; |
| | our Members; |
| | our network marketing program; and |
| | the direct selling business generally. |
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Adverse publicity concerning any actual or purported failure of our Company or our Members to comply with applicable laws and regulations regarding product claims and advertising, good manufacturing practices, the regulation of our network marketing program, the registration of our products for sale in our target markets or other aspects of our business, whether or not resulting in enforcement actions or the imposition of penalties, could have an adverse effect on the goodwill of our Company and could negatively affect our ability to attract, motivate and retain Members, which would negatively impact our ability to generate revenue. We cannot ensure that all of our Members will comply with applicable legal requirements relating to the advertising, labeling, licensing or distribution of our products.
In addition, our Members and consumers perception of the safety and quality of our products and ingredients as well as similar products and ingredients distributed by other companies can be significantly influenced by media attention, publicized scientific research or findings, widespread product liability claims and other publicity concerning our products or ingredients or similar products and ingredients distributed by other companies. Adverse publicity, whether or not accurate or resulting from consumers use or misuse of our products, that associates consumption of our products or ingredients or any similar products or ingredients with illness or other adverse effects, questions the benefits of our or similar products or claims that any such products are ineffective, inappropriately labeled or have inaccurate instructions as to their use, could lead to lawsuits or other legal challenges and could negatively impact our reputation, the market demand for our products, or our general business.
From time to time we receive inquiries from government agencies and third parties requesting information concerning our products. We fully cooperate with these inquiries including, when requested, by the submission of detailed technical dossiers addressing product composition, manufacturing, process control, quality assurance, and contaminant testing. Further, we periodically respond to requests from regulators for additional information regarding product-specific adverse events. We are confident in the safety of our products when used as directed. However, there can be no assurance that regulators in these or other markets will not take actions that might delay or prevent the introduction of new products, or require the reformulation or the temporary or permanent withdrawal of certain of our existing products from their markets.
Adverse publicity relating to us, our products or our operations, including our network marketing program or the attractiveness or viability of the financial opportunities provided thereby, has had, and could again have, a negative effect on our ability to attract, motivate and retain Members, and it could also affect our share price. In the mid-1980s, our products and marketing program became the subject of regulatory scrutiny in the United States, resulting in large part from claims and representations made about our products by our Members, including impermissible therapeutic claims. The resulting adverse publicity caused a rapid, substantial loss of Members in the United States and a corresponding reduction in sales beginning in 1985. In addition, in late 2012, a hedge fund manager publicly raised allegations regarding the legality of our network marketing program and announced that his fund had taken a significant short position regarding our common shares, leading to intense public scrutiny and governmental inquiries, and significant stock price volatility. We expect that negative publicity will, from time to time, continue to negatively impact our business in particular markets and may adversely affect our share price.
Our failure to appropriately respond to changing consumer preferences and demand for new products or product enhancements could significantly harm our Member and customer relationships and product sales and harm our financial condition and operating results.
Our business is subject to changing consumer trends and preferences, especially with respect to weight management products. Our continued success depends in part on our ability to anticipate and respond to these changes, and we may not respond in a timely or commercially appropriate manner to such changes. Furthermore, the nutritional supplement industry is characterized by rapid and frequent changes in demand for products and new product introductions and enhancements. Our failure to accurately predict these trends could negatively impact consumer opinion of our products, which in turn could harm our customer and Member relationships and cause the loss of sales. The success of our new product offerings and enhancements depends upon a number of factors, including our ability to:
| | accurately anticipate customer needs; |
| | innovate and develop new products or product enhancements that meet these needs; |
| | successfully commercialize new products or product enhancements in a timely manner; |
| | price our products competitively; |
| | manufacture and deliver our products in sufficient volumes and in a timely manner; and |
| | differentiate our product offerings from those of our competitors. |
If we do not introduce new products or make enhancements to meet the changing needs of our customers in a timely manner, some of our products could be rendered obsolete, which could negatively impact our revenues, financial condition and operating results.
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Due to the high level of competition in our industry, we might fail to retain our customers and Members, which would harm our financial condition and operating results.
The business of marketing weight management and nutrition products is highly competitive and sensitive to the introduction of new products or weight management plans, including various prescription drugs, which may rapidly capture a significant share of the market. These market segments include numerous manufacturers, distributors, marketers, retailers and physicians that actively compete for the business of consumers both in the United States and abroad. In addition, we anticipate that we will be subject to increasing competition in the future from sellers that utilize electronic commerce. Some of these competitors have longer operating histories, significantly greater financial, technical, product development, marketing and sales resources, greater name recognition, larger established customer bases and better-developed distribution channels than we do. Our present or future competitors may be able to develop products that are comparable or superior to those we offer, adapt more quickly than we do to new technologies, evolving industry trends and standards or customer requirements, or devote greater resources to the development, promotion and sale of their products than we do. For example, if our competitors develop other diet or weight management products that prove to be more effective than our products, demand for our products could be reduced. Accordingly, we may not be able to compete effectively in our markets and competition may intensify.
We are also subject to significant competition for the recruitment of Members from other network marketing organizations, including those that market weight management products, dietary and nutritional supplements and personal care products as well as other types of products. We compete for global customers and Members with regard to weight management, nutritional supplement and personal care products. Our competitors include both direct selling companies such as NuSkin Enterprises, Natures Sunshine, Alticor/Amway, Melaleuca, Avon Products, Oriflame, Omnilife, Tupperware and Mary Kay, as well as retail establishments such as Weight Watchers, Jenny Craig, General Nutrition Centers, Wal-Mart and retail pharmacies.
In addition, because the industry in which we operate is not particularly capital intensive or otherwise subject to high barriers to entry, it is relatively easy for new competitors to emerge who will compete with us for our Members and customers. In addition, the fact that our Members may easily enter and exit our network marketing program contributes to the level of competition that we face. For example, a Member can enter or exit our network marketing system with relative ease at any time without facing a significant investment or loss of capital because (1) we have a low upfront financial cost to become a Herbalife Member, (2) we do not require any specific amount of time to work as a Member, (3) we do not charge Members for any training that we might require and (4) we do not prohibit a new Member from working with another company. Our ability to remain competitive therefore depends, in significant part, on our success in recruiting and retaining Members through an attractive compensation plan, the maintenance of an attractive product portfolio and other incentives. We cannot ensure that our programs for recruitment and retention of Members will be successful and if they are not, our financial condition and operating results would be harmed.
We are affected by extensive laws, governmental regulations, administrative determinations, court decisions and similar constraints both domestically and abroad, and our failure or our Members failure to comply with these constraints could lead to the imposition of significant penalties or claims, which could harm our financial condition and operating results.
In both domestic and foreign markets, the formulation, manufacturing, packaging, labeling, distribution, advertising, importation, exportation, licensing, sale and storage of our products are affected by extensive laws, governmental regulations, administrative determinations, court decisions and similar constraints. Such laws, regulations and other constraints may exist at the federal, state or local levels in the United States and at all levels of government in foreign jurisdictions. There can be no assurance that we or our Members are in compliance with all of these regulations. Our failure or our Members failure to comply with these regulations or new regulations could disrupt our Members sale of our products, or lead to the imposition of significant penalties or claims and could negatively impact our business. In addition, the adoption of new regulations or changes in the interpretations of existing regulations may result in significant compliance costs or discontinuation of product sales and may negatively impact the marketing of our products, resulting in significant loss of sales revenues.
The FTC revised its Guides Concerning the Use of Endorsements and Testimonials in Advertising, or Guides, which became effective on December 1, 2009. Although the Guides are not binding, they explain how the FTC interprets Section 5 of the FTC Acts prohibition on unfair or deceptive acts or practices. Consequently, the FTC could bring a Section 5 enforcement action based on practices that are inconsistent with the Guides. Under the revised Guides, advertisements that feature a consumer and convey his or her atypical experience with a product or service are required to clearly disclose the results that consumers can generally expect. In contrast to the 1980 version of the Guides, which allowed advertisers to describe atypical results in a testimonial as long as they included a disclaimer such as results not typical, the revised Guides no longer contain such a safe harbor. The revised Guides also add new examples to illustrate the long-standing principle that material connections between advertisers and endorsers (such as payments or free products), connections that consumers might not expect, must be disclosed. Herbalife has revised its marketing materials to be compliant with the revised Guides. However, it is possible that our use, and that of our Members, of testimonials in the advertising and promotion of our products, including but not limited to our weight management products and our income opportunity, will be significantly impacted and therefore might negatively impact our sales.
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Governmental regulations in countries where we plan to commence or expand operations may prevent or delay entry into those markets. In addition, our ability to sustain satisfactory levels of sales in our markets is dependent in significant part on our ability to introduce additional products into such markets. However, governmental regulations in our markets, both domestic and international, can delay or prevent the introduction, or require the reformulation or withdrawal, of certain of our products. Any such regulatory action, whether or not it results in a final determination adverse to us, could create negative publicity, with detrimental effects on the motivation and recruitment of Members and, consequently, on sales.
We are subject to FDA rules for current good manufacturing practices, or cGMPs, for the manufacture, packing, labeling and holding of dietary supplements and over-the-counter drugs distributed in the United States. Herbalife has implemented a comprehensive quality assurance program that is designed to maintain compliance with the cGMPs products manufactured by or on behalf of Herbalife for distribution in the United States. However, if Herbalife should be found not to be in compliance with cGMPs for the products it self-manufactures it could negatively impact our reputation and ability to sell our products even after any such situation had been rectified. Further, if contract manufacturers whose products bear Herbalife labels fail to comply with the cGMPs, this could negatively impact Herbalifes reputation and ability to sell its products even though Herbalife is not directly liable under the cGMPs for such compliance. In complying with the dietary supplement cGMPs, we have experienced increases in production costs as a result of the necessary increase in testing of raw ingredients, work in process and finished products.
Since late 2012, a short seller has made and continues to make allegations regarding the Company and its network marketing program. The Company believes these allegations are without merit and is vigorously defending itself against such claims, including proactively reaching out to governmental authorities about what the Company believes is manipulative activity with respect to its securities. Because of these allegations, the Company and others have received and may receive additional regulatory and governmental inquiries. For example, the Company has previously disclosed inquiries from the Federal Trade Commission, Securities and Exchange Commission and other governmental authorities. The Department of Justice recently sought information from the Company, certain of its Members and others regarding allegations being made about the business practices of the Company and its Members. In the future, these and other governmental authorities may determine to seek information from the Company and other persons relating to these same or other allegations. If the Company believes any governmental or regulatory inquiry or investigation is or becomes material it will be disclosed individually. Consistent with its policies, the Company has cooperated and will continue to fully cooperate with any governmental or regulatory inquiries or investigations.
Our network marketing program could be found to be not in compliance with current or newly adopted laws or regulations in one or more markets, which could prevent us from conducting our business in these markets and harm our financial condition and operating results.
Our network marketing program is subject to a number of federal and state regulations administered by the FTC and various federal and state agencies in the United States as well as regulations on direct selling in foreign markets administered by foreign agencies. We are subject to the risk that, in one or more markets, our network marketing program could be found not to be in compliance with applicable law or regulations, including the 1986 permanent injunction entered in California in proceedings initiated by the California Attorney General. Regulations applicable to network marketing organizations generally are directed at preventing fraudulent or deceptive schemes, often referred to as pyramid or chain sales schemes, by ensuring that product sales ultimately are made to consumers and that advancement within an organization is based on sales of the organizations products rather than investments in the organization or other non-retail sales-related criteria. The regulatory requirements concerning network marketing programs do not include bright line rules and are inherently fact-based and, thus, we are subject to the risk that these laws or regulations or the enforcement or interpretation of these laws and regulations by governmental agencies or courts can change. For example, while we believe we are in compliance with the permanent injunction, there is no assurance that a court or the Attorney General would agree.
The ambiguity surrounding these laws can also affect the public perception of our company. Specifically, in late 2012, a hedge fund manager publicly raised allegations regarding the legality of our network marketing program and announced that his fund had taken a significant short position regarding our common shares, leading to intense public scrutiny and significant stock price volatility. The failure of our network marketing program to comply with current or newly adopted regulations could negatively impact our business in a particular market or in general and may adversely affect our share price.
We are also subject to the risk of private party challenges to the legality of our network marketing program. Some network marketing programs of other companies have been successfully challenged in the past, while other challenges to network marketing programs of other companies have been defeated. Adverse judicial determinations with respect to our network marketing program, or in proceedings not involving us directly but which challenge the legality of network marketing systems, in any other market in which we operate, could negatively impact our business.
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A substantial portion of our business is conducted in foreign markets, exposing us to the risks of trade or foreign exchange restrictions, increased tariffs, foreign currency fluctuations, disruptions or conflicts with our third party importers and similar risks associated with foreign operations.
Approximately 82% of our net sales for the year ended December 31, 2014, were generated outside the United States, exposing our business to risks associated with foreign operations. For example, a foreign government may impose trade or foreign exchange restrictions or increased tariffs, or otherwise limit or restrict our ability to import products into a country, any of which could negatively impact our operations. We are also exposed to risks associated with foreign currency fluctuations. For instance, purchases from suppliers are generally made in U.S. dollars while sales to Members are generally made in local currencies. Accordingly, strengthening of the U.S. dollar versus a foreign currency could have a negative impact on us. Although we engage in transactions to protect against risks associated with foreign currency fluctuations, we cannot be certain any hedging activity will effectively reduce our exchange rate exposure. Additionally we may be negatively impacted by conflicts with or disruptions caused or faced by our third party importers, as well as conflicts between such importers and local governments or regulating agencies. Our operations in some markets also may be adversely affected by political, economic and social instability in foreign countries. As we continue to focus on expanding our existing international operations, these and other risks associated with international operations may increase, which could harm our financial condition and operating results.
Currency restrictions enacted by the Venezuelan government have become more restrictive and have impacted the ability of our subsidiary in Venezuela, or Herbalife Venezuela, to obtain U.S. dollars in exchange for Venezuelan Bolivars, or Bolivars, at the official foreign exchange rate. If the foreign currency restrictions in Venezuela intensify or do not improve, we may be required to deconsolidate Herbalife Venezuela for U.S. GAAP purposes and would be subject to the risk of impairment. In addition, if foreign currency restrictions do not improve, we may have to use alternative legal exchange mechanisms or less favorable official exchange mechanisms which are significantly less favorable than the SIMADI rate which could cause the Company to incur significant foreign exchange losses. Due to the current political and economic environment in Venezuela, there is also a risk that there could be additional foreign currency devaluations. If we are unsuccessful in implementing any financially and economically viable strategies including local manufacturing, we may be required to fundamentally change our business model, or suspend or cease operations in Venezuela. If any of these events were to occur, it could result in a significant negative impact on our consolidated earnings, cash and cash equivalents and present and future cash flows. See Item 2, Managements Discussion and Analysis of Financial Condition and Results of Operations , within this quarterly report on Form 10Q , and Note 2, Significant Accounting Policies, to the Condensed Consolidated Financial Statements included in Item 1 of Part I of this Quarterly Report on Form 10-Q for further information on foreign currency restrictions and significant foreign exchange losses recognized in our consolidated financial statements relating to Venezuela.
Our expansion in China is subject to general, as well as industry-specific, economic, political and legal developments and risks in China and requires that we utilize a different business model from that which we use elsewhere in the world.
Our expansion of operations into China is subject to risks and uncertainties related to general economic, political and legal developments in China, among other things. The Chinese government exercises significant control over the Chinese economy, including but not limited to controlling capital investments, allocating resources, setting monetary policy, controlling foreign exchange and monitoring foreign exchange rates, implementing and overseeing tax regulations, providing preferential treatment to certain industry segments or companies and issuing necessary licenses to conduct business. Accordingly, any adverse change in the Chinese economy, the Chinese legal system or Chinese governmental, economic or other policies could have a material adverse effect on our business in China and our prospects generally.
China has published regulations governing direct selling and prohibiting pyramid promotional schemes, and a number of administrative methods and proclamations have been issued. These regulations require us to use a business model different from that which we offer in other markets. To allow us to operate under these regulations, we have created and introduced a model specifically for China. In China, we have Company-operated retail stores that can directly serve customers and preferred customers. We also have sales representatives who are permitted by the terms of our direct selling licenses to sell away from fixed retail locations in the provinces of Jiangsu, Guangdong, Shandong, Zhejiang, Guizhou, Beijing, Fujian, Sichuan, Hubei, Shanxi, Shanghai, Jiangxi, Liaoning, Jilin, Henan, Chongqing, Hebi, Shaanxi, Tianjin, Heilongjiang, Hunan, Guangxi, Hainan, Anhui and Yunnan.
We have also engaged independent service providers that meet both the requirements to operate their own business under Chinese law as well as the conditions set forth by Herbalife to sell products and provide marketing, sales and support services to Herbalife customers. These features are not common to the business model we employ elsewhere in the world, and based on the direct selling licenses we have received and the terms of those which we hope to receive in the future to conduct a direct selling enterprise in China, our business model in China will continue to incorporate some or all of these features. The direct selling regulations require us to apply for various approvals to conduct a direct selling enterprise in China. The process for obtaining the necessary licenses to conduct a direct selling business is protracted and cumbersome and involves multiple layers of Chinese governmental authorities and numerous governmental employees at each layer. While direct selling licenses are centrally issued, such licenses are generally valid only in the jurisdictions within which related approvals have been obtained. Such approvals are generally awarded on local and provincial bases, and the approval process requires involvement with multiple ministries at each level. Our participation and conduct during the approval process is guided not only by distinct Chinese practices and customs, but is also subject to applicable laws of
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China and the other jurisdictions in which we operate our business, including the U.S., as well as our internal code of ethics. There is always a risk that in attempting to comply with local customs and practices in China during the application process or otherwise, we will fail to comply with requirements applicable to us in China itself or in other jurisdictions, and any such failure to comply with applicable requirements could prevent us from obtaining the direct selling licenses or related local or provincial approvals. Furthermore, we rely on certain key personnel in China to assist us during the approval process, and the loss of any such key personnel could delay or hinder our ability to obtain licenses or related approvals. For all of the above reasons, there can be no assurance that we will obtain additional direct-selling licenses, or obtain related approvals to expand into any or all of the localities or provinces in China that are important to our business. Our inability to obtain, retain, or renew any or all of the licenses or related approvals that are required for us to operate in China could negatively impact our business.
Additionally, although certain regulations have been published with respect to obtaining and operating under such approvals and otherwise conducting business in China, other regulations are pending and there continues to be uncertainty regarding the interpretation and enforcement of Chinese regulations. The regulatory environment in China is evolving, and officials in the Chinese government exercise broad discretion in deciding how to interpret and apply regulations. We cannot be certain that our business model will continue to be deemed by national or local Chinese regulatory authorities to be compliant with any such regulations. The Chinese government rigorously monitors the direct selling market in China, and in the past has taken serious action against companies that the government believed were engaging in activities they regarded to be in violation of applicable law, including shutting down their businesses and imposing substantial fines. As a result, there can be no guarantee that the Chinese governments current or future interpretation and application of the existing and new regulations will not negatively impact our business in China, result in regulatory investigations or lead to fines or penalties against us or our Chinese Members.
Chinese regulations prevent persons who are not Chinese nationals from engaging in direct selling in China. We cannot guarantee that any of our Members living outside of China or any of our sales representatives or independent service providers in China have not engaged or will not engage in activities that violate our policies in this market, or that violate Chinese law or other applicable law, and therefore result in regulatory action and adverse publicity.
China has also enacted labor contract and social insurance legislation. We have reviewed our employment contracts and contractual relations with employees in China, which include certain of our employed sales personnel, and have transferred those employed sales personnel to independent service providers and have made such other changes as we believe to be necessary or appropriate to bring these contracts and contractual relations into compliance with these laws and their implementing regulations. In addition, we continue to monitor the situation to determine how these laws and regulations will be implemented in practice. There is no guarantee that these laws will not adversely impact us, cause us to change our operating plan for China or otherwise have an adverse impact on our business operations in China.
We may experience rapid growth in China, and there can be no assurances that we will be able to successfully manage rapid expansion of manufacturing operations and a rapidly growing and dynamic sales force. If we are unable to effectively manage such growth and expansion of our retail stores and manufacturing operations, our government relations may be compromised and our operations in China may be harmed.
If we fail to further penetrate existing markets, then the growth in sales of our products, along with our operating results, could be negatively impacted.
The success of our business is to a large extent contingent on our ability to further penetrate existing markets which is subject to numerous factors, many of which are out of our control. Government regulations in both our domestic and international markets can delay or prevent the introduction, or require the reformulation or withdrawal, of some of our products, which could negatively impact our business, financial condition and results of operations. Also, our ability to increase market penetration in certain countries may be limited by the finite number of persons in a given country inclined to pursue a direct selling business opportunity or consumers willing to purchase Herbalife products. Moreover, our growth will depend upon improved training and other activities that enhance Member retention in our markets. While we have recently experienced significant growth in certain of our markets, we cannot assure you that such growth levels will continue in the immediate or long term future. Furthermore, our efforts to support growth in such international markets could be hampered to the extent that our infrastructure in such markets is deficient when compared to our more developed markets, such as the U.S. Therefore, we cannot assure you that our general efforts to increase our market penetration and Member retention in existing markets will be successful. If we are unable to further penetrate existing markets, our operating results could suffer.
Our contractual obligation to sell our products only through our Herbalife Member network and to refrain from changing certain aspects of our marketing plan may limit our growth.
We are a party to an agreement with our Members that provides assurances, to the extent legally permitted, we will not sell Herbalife products worldwide through any distribution channel other than our network of independent Herbalife Members. Thus, we are contractually prohibited from expanding our business by selling Herbalife products through other distribution channels that may be available to our competitors, such as over the internet, through wholesale sales, by establishing retail stores or through mail order systems. Since this is an open-ended commitment, there can be no assurance that we will be able to take advantage of innovative new distribution channels that are developed in the future.
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In addition, this agreement with our Members provides that we will not make any material changes adverse to our Members to certain aspects of our marketing plan without the affirmative vote of a specified percentage of our Members leadership. For example, our agreement with our Members provides that we may increase, but not decrease, the discount percentages available to our Members for the purchase of products or the applicable royalty override percentages, and production and other bonus percentages available to our Members at various qualification levels within our Member hierarchy. We may not modify the eligibility or qualification criteria for these discounts, royalty overrides and production and other bonuses unless we do so in a manner to make eligibility and/or qualification easier than under the applicable criteria in effect as of the date of the agreement. Our agreement with our Members further provides that we may not vary the criteria for qualification for each Member tier within our Member hierarchy, unless we do so in such a way so as to make qualification easier.
Although we reserved the right to make these changes to our marketing plan without the consent of our Members in the event that changes are required by applicable law or are necessary in our reasonable business judgment to account for specific local market or currency conditions to achieve a reasonable profit on operations, there can be no assurance that our agreement with our Members will not restrict our ability to adapt our marketing plan to the evolving requirements of the markets in which we operate. As a result, our growth may be limited.
We depend on the integrity and reliability of our information technology infrastructure, and any related inadequacies may result in substantial interruptions to our business.
Our ability to provide products and services to our Members depends on the performance and availability of our core transactional systems. We upgraded our back office systems globally to the Oracle Enterprise Suite which is supported by a robust hardware and network infrastructure. The Oracle Enterprise Suite is a scalable and stable solution that provides a solid foundation upon which we are building our next generation Member facing Internet toolset. While we continue to invest in our information technology infrastructure, there can be no assurance that there will not be any significant interruptions to such systems or that the systems will be adequate to meet all of our future business needs.
The most important aspect of our information technology infrastructure is the system through which we record and track Member sales, volume points, royalty overrides, bonuses and other incentives. We have encountered, and may encounter in the future, errors in our software or our enterprise network, or inadequacies in the software and services supplied by our vendors, although to date none of these errors or inadequacies has had a meaningful adverse impact on our business. Any such errors or inadequacies that we may encounter in the future may result in substantial interruptions to our services and may damage our relationships with, or cause us to lose, our Members if the errors or inadequacies impair our ability to track sales and pay royalty overrides, bonuses and other incentives, which would harm our financial condition and operating results. Such errors may be expensive or difficult to correct in a timely manner, and we may have little or no control over whether any inadequacies in software or services supplied to us by third parties are corrected, if at all.
Our ability to effectively manage our network of Members, and to ship products, and track royalty and bonus payments on a timely basis, depends significantly on our information systems. The failure of our information systems to operate effectively, or a breach in security of these systems, could adversely impact the promptness and accuracy of our product distribution and transaction processing. We could be required to make significant additional expenditures to remediate any such failure, problem or breach.
Anyone who is able to circumvent our security measures could misappropriate confidential or proprietary information, including that of third parties such as our Members, cause interruption in our operations, damage our computers or otherwise damage our reputation and business. We may need to expend significant resources to protect against security breaches or to address problems caused by such breaches. Any actual security breaches could damage our reputation and expose us to a risk of loss or litigation and possible liability under various laws and regulations. In addition, employee error or malfeasance or other errors in the storage, use or transmission of any such information could result in a disclosure to third parties. If this should occur we could incur significant expenses addressing such problems. Since we collect and store Member and vendor information, including credit card information, these risks are heightened.
Since we rely on independent third parties for the manufacture and supply of certain of our products, if these third parties fail to reliably supply products to us at required levels of quality and which are manufactured in compliance with applicable laws, including the dietary supplement and OTC drug cGMPs, then our financial condition and operating results would be harmed.
A substantial portion of our products are manufactured at third party contract manufacturers. We cannot assure you that our outside contract manufacturers will continue to reliably supply products to us at the levels of quality, or the quantities, we require, and in compliance with applicable laws, including under the FDAs cGMP regulations and while efforts are being made to ensure a smooth transition we cannot assure you that the transition from our third party contract manufacturers to this new Herbalife facility will not result in possible inventory shortages. Additionally, while we are not presently aware of any current liquidity issues with our suppliers, we cannot assure you that they will not experience financial hardship as a result of the current global financial crisis.
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For the portion of our product supply that is self-manufactured, we believe we have significantly lowered the product supply risk, as the risk factors of financial health, liquidity, capacity expansion, reliability and product quality are all within our control. However, a significant delay in the full operationalization of the Winston-Salem Facility, while unlikely, could hamper our ability to support the continued growth in net sales.
Our product supply contracts generally have a three-year term. Except for force majeure events such as natural disasters and other acts of God, and non-performance by Herbalife, our manufacturers generally cannot unilaterally terminate these contracts. These contracts can generally be extended by us at the end of the relevant time period and we have exercised this right in the past. Globally we have approximately 50 product suppliers. For our major products, we typically have both primary and secondary suppliers. Our major suppliers include Fine Foods (Italy) for meal replacements, protein powders and nutritional supplements, Valentine Enterprises (U.S.) for meal replacements and protein powders, Natures Bounty (U.S.) for meal replacements and nutritional supplements, and PharmaChem Labs (U.S.) for teas and Niteworks ® . Additionally we use contract manufacturers in India, Brazil, Korea, Japan, Taiwan and Germany to support our global business. In the event any of our contract manufacturers were to become unable or unwilling to continue to provide us with products in required volumes and at suitable quality levels, we would be required to identify and obtain acceptable replacement manufacturing sources. There is no assurance that we would be able to obtain alternative manufacturing sources on a timely basis. An extended interruption in the supply of products would result in the loss of sales. In addition, any actual or perceived degradation of product quality as a result of reliance on contract manufacturers may have an adverse effect on sales or result in increased product returns and buybacks. Also, as we experience ingredient and product price pressure in the areas of soy, fructose, dairy products, gums, plastics, and transportation reflecting global economic trends, we believe that we have the ability to mitigate some of these cost increases through improved optimization of our supply chain coupled with select increases in the retail prices of our products.
If we fail to protect our trademarks and tradenames, then our ability to compete could be negatively affected, which would harm our financial condition and operating results.
The market for our products depends to a significant extent upon the goodwill associated with our trademark and tradenames. We own, or have licenses to use, the material trademark and trade name rights used in connection with the packaging, marketing and distribution of our products in the markets where those products are sold. Therefore, trademark and trade name protection is important to our business. Although most of our trademarks are registered in the United States and in certain foreign countries in which we operate, we may not be successful in asserting trademark or trade name protection. In addition, the laws of certain foreign countries may not protect our intellectual property rights to the same extent as the laws of the United States. The loss or infringement of our trademarks or tradenames could impair the goodwill associated with our brands and harm our reputation, which would harm our financial condition and operating results.
Unlike in most of the other markets in which we operate, limited protection of intellectual property is available under Chinese law. Accordingly, we face an increased risk in China that unauthorized parties may attempt to copy or otherwise obtain or use our trademarks, copyrights, product formulations or other intellectual property. Further, because Chinese commercial law is relatively undeveloped, we may have limited legal recourse in the event we encounter significant difficulties with intellectual property theft or infringement. As a result, we cannot assure you that we will be able to adequately protect our product formulations or other intellectual property.
We permit the limited use of our trademarks by our Members to assist them in marketing our products. It is possible that doing so may increase the risk of unauthorized use or misuse of our trademarks in markets where their registration status differs from that asserted by our Members, or they may be used in association with claims or products in a manner not permitted under applicable laws and regulations. Were this to occur it is possible that this could diminish the value of these marks or otherwise impair our further use of these marks.
If our Members fail to comply with labeling laws, then our financial condition and operating results would be harmed.
Although the physical labeling of our products is not within the control of our Members, our Members must nevertheless advertise our products in compliance with the extensive regulations that exist in certain jurisdictions, such as the United States, which considers product advertising to be labeling for regulatory purposes.
Our products are sold principally as foods, dietary supplements and cosmetics and are subject to rigorous FDA and related legal regimens limiting the types of therapeutic claims that can be made for our products. The treatment or cure of disease, for example, is not a permitted claim for these products. While we train our Members and attempt to monitor our Members marketing materials, we cannot ensure that all such materials comply with applicable regulations, including bans on therapeutic claims. If our Members fail to comply with these restrictions, then we and our Members could be subjected to claims, financial penalties, mandatory product recalls or relabeling requirements, which could harm our financial condition and operating results. Although we expect that our responsibility for the actions of our Members in such an instance would be dependent on a determination that we either controlled or condoned a noncompliant advertising practice, there can be no assurance that we could not be held vicariously liable for the actions of our Members.
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If our intellectual property is not adequate to provide us with a competitive advantage or to prevent competitors from replicating our products, or if we infringe the intellectual property rights of others, then our financial condition and operating results would be harmed.
Our future success and ability to compete depend upon our ability to timely produce innovative products and product enhancements that motivate our Members and customers, which we attempt to protect under a combination of copyright, trademark and trade secret laws, confidentiality procedures and contractual provisions. However, our products are generally not patented domestically or abroad, and the legal protections afforded by common law and contractual proprietary rights in our products provide only limited protection and may be time-consuming and expensive to enforce and/or maintain. Further, despite our efforts, we may be unable to prevent third parties from infringing upon or misappropriating our proprietary rights or from independently developing non-infringing products that are competitive with, equivalent to and/or superior to our products.
Monitoring infringement and/or misappropriation of intellectual property can be difficult and expensive, and we may not be able to detect every infringement or misappropriation of our proprietary rights. Even if we do detect infringement or misappropriation of our proprietary rights, litigation to enforce these rights could cause us to divert financial and other resources away from our business operations. Further, the laws of some foreign countries do not protect our proprietary rights to the same extent as do the laws of the United States.
Additionally, third parties may claim that products or marks that we have independently developed or which bear certain of our trademarks infringe upon their intellectual property rights and there can be no assurance that one or more of our products or marks will not be found to infringe upon third party intellectual property rights in the future.
Since one of our products constitutes a significant portion of our net sales, significant decreases in consumer demand for this product or our failure to produce a suitable replacement should we cease offering it would harm our financial condition and operating results.
For 2014, 2013 and 2012, our Formula 1 Healthy Meal, our best-selling product line, approximated 30% of our net sales. If consumer demand for this product decreases significantly or we cease offering this product without a suitable replacement, then our financial condition and operating results would be harmed.
If we lose the services of members of our senior management team, then our financial condition and operating results could be harmed.
We depend on the continued services of our Chairman and Chief Executive Officer, Michael O. Johnson, and our current senior management team as they work closely with the senior Member leadership to create an environment of inspiration, motivation and entrepreneurial business success. Although we have entered into employment agreements with certain members of our senior management team, and do not believe that any of them are planning to leave or retire in the near term, we cannot assure you that our senior managers will remain with us. The loss or departure of any member of our senior management team could adversely impact our Member relations and operating results. If any of these executives do not remain with us, our business could suffer. Also, the loss of key personnel, including our regional and country managers, could negatively impact our ability to implement our business strategy, and our continued success will also be dependent on our ability to retain existing, and attract additional, qualified personnel to meet our needs. We currently do not maintain key person life insurance with respect to our senior management team.
The covenants in our existing indebtedness limit our discretion with respect to certain business matters, which could limit our ability to pursue certain strategic objectives and in turn harm our financial condition and operating results.
Our credit facility contains financial and operating covenants that restrict our and our subsidiaries ability to, among other things:
| | pay dividends, redeem share capital or capital stock and make other restricted payments and investments; |
| | incur or guarantee additional debt; |
| | impose dividend or other distribution restrictions on our subsidiaries; and |
| | create liens on our and our subsidiaries assets. |
In addition, our credit facility requires us to meet certain financial ratios and financial conditions. Our ability to comply with these covenants may be affected by events beyond our control, including prevailing economic, financial and industry conditions. Failure to comply with these covenants could result in a default causing all amounts to become due and payable under our credit facility, which is secured by substantially all of our domestic assets, against which the lenders thereunder could proceed to foreclose.
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We may use from time to time a certain amount of cash in order to satisfy the obligations relating to our convertible notes. The maturity or conversion of any of our convertible notes may adversely affect our financial condition and operating results, which could adversely affect the amount or timing of future potential share repurchases or the payment of dividends to our shareholders.
In February 2014, we issued convertible notes due 2019, or the Convertible Notes, in the aggregate principal amount of $1.15 billion. At maturity, we will have to pay the holders of the Convertible Notes the full aggregate principal amount of the Convertible Notes then outstanding.
Holders of our Convertible Notes may convert their notes at their option under the following circumstances: (i) during any calendar quarter commencing after the calendar quarter ending March 31, 2014, if the last reported sale price of our common shares for at least 20 trading days (whether or not consecutive) in a period of 30 consecutive trading days ending on, and including, the last trading day of the immediately preceding calendar quarter exceeds 130% of the conversion price for the Convertible Notes on each applicable trading day; (ii) during the five business-day period immediately after any five consecutive trading day period, or the measurement period, in which the trading price per $1,000 principal amount of Convertible Notes for each trading day of that measurement period was less than 98% of the product of the last reported sale price of our common shares and the conversion rate for the Convertible Notes for each such day; or (iii) upon the occurrence of specified corporate events. On and after May 15, 2019, holders may convert their Convertible Notes at any time, regardless of the foregoing circumstances. The Convertible Notes are net-share settled. If one or more holders elect to convert their Convertible Notes when conversion is permitted, we could be required to make cash payments equal to the par amount of each Convertible Note, which could adversely affect our liquidity. In addition, even if holders do not elect to convert their Convertible Notes, because our Convertible Notes are net-share settled, we could be required under applicable accounting rules to reclassify all or a portion of the outstanding principal of our Convertible Notes as a current rather than long-term liability, which could result in a material reduction of our net working capital. The requirement to pay cash upon conversion of the Convertible Notes or any adverse accounting treatment of the Convertible Notes may adversely affect our financial condition and operating results, each of which could in turn adversely impact the amount or timing of future potential share repurchases or the payment of dividends to our shareholders.
The conversion of any of the Convertible Notes into common shares could have a dilutive effect that could cause our share price to go down.
The Convertible Notes, until May 15, 2019, are convertible into common shares only if specified conditions are met and thereafter convertible at any time, at the option of the holder. We have reserved common shares for issuance upon conversion of the Convertible Notes. Upon conversion, the principal amount is due in cash, and to the extent that the conversion value exceeds the principal amount, the difference is due in common shares. While we have entered into capped call transactions to effectively increase the conversion of the Convertible Notes and lessen the risk of dilution to shareholders upon conversion, if the market price of our common shares, as measured under the terms of the capped call transactions, exceeds the cap price of the capped call transactions, the number of our common shares we receive upon exercise of the capped call transactions will be capped. In that case, there would be dilution in respect of our common shares, because the number of our common shares or amounts of cash that we would owe upon conversion of the Convertible Notes in excess of the principal amount of converted Convertible Notes would exceed the number of common shares that we would be entitled to receive upon exercise of the capped call transactions, which would cause a dilutive effect that could cause our share price to go down. If any or all of the Convertible Notes are converted into common shares, our existing stockholders will experience immediate dilution of voting rights and our common share price may decline. Furthermore, the perception that such dilution could occur may cause the market price of our common shares to decline.
The conversion rate for the Convertible Notes as of February 7, 2014, the date of issuance thereof, was 11.5908 common shares per $1,000 principal amount or a conversion price of approximately $86.28 per common share. Because the conversion rate of the Convertible Notes adjusts upward upon the occurrence of certain events, such as a dividend payment, our existing shareholders may experience more dilution if any or all of the Convertible Notes are converted into common shares after the adjusted conversion rates became effective.
If we do not comply with transfer pricing, customs duties, VAT, and similar regulations, then we may be subjected to additional taxes, duties, interest and penalties in material amounts, which could harm our financial condition and operating results.
As a multinational corporation, in many countries including the United States we are subject to transfer pricing and other tax regulations designed to ensure that our intercompany transactions are consummated at prices that have not been manipulated to produce a desired tax result, that appropriate levels of income are reported as earned by our United States or local entities, and that we are taxed appropriately on such transactions. In addition, our operations are subject to regulations designed to ensure that appropriate levels of customs duties are assessed on the importation of our products. We are currently subject to pending or proposed audits that are at various levels of review, assessment or appeal in a number of jurisdictions involving transfer pricing issues, income taxes, customs duties, value added taxes, withholding taxes, sales and use and other taxes and related interest and penalties in material amounts. In some circumstances, additional taxes, interest and penalties have been assessed and we will be required to pay the assessments or post surety, in order to challenge the assessments.
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The imposition of new taxes, even pass-through taxes such as VAT, could have an impact on our perceived product pricing and will likely require that we increase prices in certain jurisdictions and therefore could have a potential negative impact on our business and results of operations. We have reserved in the consolidated financial statements an amount that we believe represents the most likely outcome of the resolution of these disputes, but if we are incorrect in our assessment we may have to pay the full amount asserted which could potentially be material. Ultimate resolution of these matters may take several years, and the outcome is uncertain. If the United States Internal Revenue Service or the taxing authorities of any other jurisdiction were to successfully challenge our transfer pricing practices or our positions regarding the payment of income taxes, customs duties, value added taxes, withholding taxes, sales and use, and other taxes, we could become subject to higher taxes, we may determine it is necessary to raise prices in certain jurisdictions accordingly and our revenue and earnings and our results of operations could be adversely affected.
See Note 5, Contingencies, to the Condensed Consolidated Financial Statements included in Item 1 of Part I of this Quarterly Report on Form 10-Q for further information on contingencies relating to VAT and other related matters.
We could become a controlled foreign corporation for U.S. federal income tax purposes.
We believe that we are currently not a controlled foreign corporation for U.S. federal income tax purposes. However, this conclusion depends upon whether United States persons or entities who own 10% or more of the total combined voting power (10% shareholders) own in the aggregate more than 50% of (i) the total combined voting power, or (ii) the total value of all our stock. In determining voting power, in addition to voting stock any special voting rights to appoint directors, whether by law, agreement or other arrangement, may also be taken into account. For purposes of applying the voting and value tests, certain constructive ownership rules apply, which attribute ownership among certain family members and certain entities and their owners. These rules may also attribute ownership of our stock to a person or entity that is entitled to acquire our stock pursuant to an option, such as the holders of our Convertible Notes due August 15, 2019. These constructive ownership rules are very complex and their application to specific circumstances is subject to uncertainty.
If we were to be or become a controlled foreign corporation, our 10% shareholders would be subject to special tax treatment. Any shareholders who contemplate owning 10% or more of our outstanding shares (taking into account the impact of any share repurchases we may undertake pursuant to share repurchase programs) are urged to consult with their tax advisors with respect to the special rules applicable to 10% shareholders of controlled foreign corporations.
Changes in tax laws, treaties or regulations, or their interpretation could adversely affect us.
A change in applicable tax laws, treaties or regulations or their interpretation could result in a higher effective tax rate on our worldwide earnings and such change could be significant to our financial results. Tax legislative proposals intending to eliminate some perceived tax advantages of companies that have legal domiciles outside the U.S. but have certain U.S. connections have repeatedly been introduced in the U.S. Congress. If these proposals are enacted, the result would increase our effective tax rate and could have a material adverse effect on the Companys financial condition and results of operations.
We may be held responsible for certain taxes or assessments relating to the activities of our Members, which could harm our financial condition and operating results.
Our Members are subject to taxation, and in some instances, legislation or governmental agencies impose an obligation on us to collect taxes, such as value added taxes and social contributions, and to maintain appropriate records. In addition, we are subject to the risk in some jurisdictions of being responsible for social security, withholding or other taxes with respect to payments to our Members. For example, as described further in Note 5, Contingencies, in Brazil the Company received tax assessments from the authorities for withholding taxes, social contributions, and related items in connection with payments made to Members in prior periods. In addition, in the event that local laws and regulations or the interpretation of local laws and regulations change to require us to treat our Members as employees, or that our Members are deemed by local regulatory authorities in one or more of the jurisdictions in which we operate to be our employees rather than independent contractors under existing laws and interpretations, we may be held responsible for social contributions, withholding and related taxes in those jurisdictions, plus any related assessments and penalties, which could harm our financial condition and operating results.
We may incur material product liability claims, which could increase our costs and harm our financial condition and operating results.
Our ingestible products include vitamins, minerals and botanicals and other ingredients and are classified as foods or dietary supplements and are not subject to pre-market regulatory approval in the United States. Our products could contain contaminated substances, and some of our products contain some ingredients that do not have long histories of human consumption. We rely upon published and unpublished safety information including clinical studies on ingredients used in our products and conduct limited clinical studies on some key products but not all products. Previously unknown adverse reactions resulting from human consumption of these ingredients could occur. As a marketer of dietary and nutritional supplements and other products that are ingested by consumers or applied to their bodies, we have been, and may again be, subjected to various product liability claims, including that the
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products contain contaminants, the products include inadequate instructions as to their uses, or the products include inadequate warnings concerning side effects and interactions with other substances. It is possible that widespread product liability claims could increase our costs, and adversely affect our revenues and operating income. Moreover, liability claims arising from a serious adverse event may increase our costs through higher insurance premiums and deductibles, and may make it more difficult to secure adequate insurance coverage in the future. In addition, our product liability insurance may fail to cover future product liability claims, thereby requiring us to pay substantial monetary damages and adversely affecting our business. Finally, given the higher level of self-insured retentions that we have accepted under our current product liability insurance policies, which are as high as approximately $15 million, in certain cases we may be subject to the full amount of liability associated with any injuries, which could be substantial.
Several years ago, a number of states restricted the sale of dietary supplements containing botanical sources of ephedrine alkaloids and on February 6, 2004, the FDA banned the use of such ephedrine alkaloids. Until late 2002, we had sold Thermojetics ® original green herbal tablets, Thermojetics ® green herbal tablets and Thermojetics ® gold herbal tablets, all of which contained ephedrine alkaloids. Accordingly, we run the risk of product liability claims related to the ingestion of ephedrine alkaloids contained in those products. Currently, we have been named as a defendant in product liability lawsuits seeking to link the ingestion of certain of the aforementioned products to subsequent alleged medical problems suffered by plaintiffs. Although we believe that we have meritorious defenses to the allegations contained in these lawsuits, and are vigorously defending these claims, there can be no assurance that we will prevail in our defense of any or all of these matters.
Holders of our common shares may face difficulties in protecting their interests because we are incorporated under Cayman Islands law.
Our corporate affairs are governed by our amended and restated memorandum and articles of association, by the Companies Law, and the common law of the Cayman Islands. The rights of our shareholders and the fiduciary responsibilities of our directors under Cayman Islands law are not as clearly established as under statutes or judicial precedent in existence in jurisdictions in the United States. Therefore, shareholders may have more difficulty in protecting their interests in the face of actions by our management or board of directors than would shareholders of a corporation incorporated in a jurisdiction in the United States, due to the comparatively less developed nature of Cayman Islands law in this area.
Shareholders of Cayman Islands exempted companies such as Herbalife have no general rights under Cayman Islands law to inspect corporate records and accounts or to obtain copies of lists of our shareholders. Our directors have discretion under our articles of association to determine whether or not, and under what conditions, our corporate records may be inspected by our shareholders, but are not obliged to make them available to our shareholders. This may make it more difficult for you to obtain the information needed to establish any facts necessary for a shareholder motion or to solicit proxies from other shareholders in connection with a proxy contest.
A shareholder can bring a suit personally where its individual rights have been, or are about to be, infringed. Where an action is brought to redress any loss or damage suffered by us, we would be the proper plaintiff, and a shareholder could not ordinarily maintain an action on our behalf, except where it was permitted by the courts of the Cayman Islands to proceed with a derivative action. Our Cayman Islands counsel, Maples and Calder, is not aware of any reported decisions in relation to a derivative action brought in a Cayman Islands court.
Provisions of our articles of association and Cayman Islands corporate law may impede a takeover or make it more difficult for shareholders to change the direction or management of the Company, which could reduce shareholders opportunity to influence management of the Company.
Our articles of association permit our board of directors to issue preference shares from time to time, with such rights and preferences as they consider appropriate. Our board of directors could authorize the issuance of preference shares with terms and conditions and under circumstances that could have an effect of discouraging a takeover or other transaction.
In addition, our articles of association contain certain other provisions which could have an effect of discouraging a takeover or other transaction or preventing or making it more difficult for shareholders to change the direction or management of our Company, including the inability of shareholders to act by written consent, a limitation on the ability of shareholders to call special meetings of shareholders and advance notice provisions. As a result, our shareholders may have less input into the management of our Company than they might otherwise have if these provisions were not included in our articles of association.
The Cayman Islands have provisions under the Companies Law (2014 Revision) (the Companies Law) to facilitate mergers and consolidations between Cayman Islands companies and non-Cayman Islands companies. These provisions, contained within Part XVI of the Companies Law, are broadly similar to the merger provisions as provided for under Delaware Law.
There are however a number of important differences that could impede a takeover. First, the threshold for approval of the merger plan by shareholders is higher. The threshold is a special resolution of the shareholders (being 66 2/3% of those present in person or by proxy and voting) together with such other authorization, if any, as may be specified in the articles of association.
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Additionally, the consent of each holder of a fixed or floating security interest (in essence a documented security interest as opposed to one arising by operation of law) is required to be obtained unless the Grand Court of the Cayman Islands waives such requirement.
The merger provisions contained within Part XVI of the Companies Law do contain shareholder appraisal rights similar to those provided for under Delaware law. Such rights are limited to a merger under Part XVI and do not apply to schemes of arrangement as discussed below.
The Companies Law also contains separate statutory provisions that provide for the merger, reconstruction and amalgamation of companies. These are commonly referred to in the Cayman Islands as schemes of arrangement.
The procedural and legal requirements necessary to consummate these transactions are more rigorous and take longer to complete than the procedures typically required to consummate a merger in the United States. Under Cayman Islands law and practice, a scheme of arrangement in relation to a solvent Cayman Islands company must be approved at a shareholders meeting by a majority of each class of the companys shareholders who are present and voting (either in person or by proxy) at such meeting. The shares voted in favor of the scheme of arrangement must also represent at least 75% of the value of each relevant class of the companys shareholders present and voting at the meeting. The convening of these meetings and the terms of the amalgamation must also be sanctioned by the Grand Court of the Cayman Islands. Although there is no requirement to seek the consent of the creditors of the parties involved in the scheme of arrangement, the Grand Court typically seeks to ensure that the creditors have consented to the transfer of their liabilities to the surviving entity or that the scheme of arrangement does not otherwise materially adversely affect creditors interests. Furthermore, the court will only approve a scheme of arrangement if it is satisfied that:
| | the statutory provisions as to majority vote have been complied with; |
| | the shareholders who voted at the meeting in question fairly represent the relevant class of shareholders to which they belong; |
| | the scheme of arrangement is such as a businessman would reasonably approve; and |
| | the scheme of arrangement is not one that would more properly be sanctioned under some other provision of the Companies Law. |
If the scheme of arrangement is approved, the dissenting shareholder would have no rights comparable to appraisal rights, which would otherwise ordinarily be available to dissenting shareholders of U.S. corporations, providing rights to receive payment in cash for the judicially determined value of the shares.
In addition, if an offer by a third party to purchase shares in us has been approved by the holders of at least 90% of our outstanding shares (not including such a third party) pursuant to an offer within a four-month period of making such an offer, the purchaser may, during the two months following expiration of the four-month period, require the holders of the remaining shares to transfer their shares on the same terms on which the purchaser acquired the first 90% of our outstanding shares. An objection can be made to the Grand Court of the Cayman Islands, but this is unlikely to succeed unless there is evidence of fraud, bad faith, collusion or inequitable treatment of the shareholders.
There is uncertainty as to shareholders ability to enforce certain foreign civil liabilities in the Cayman Islands.
We are incorporated as an exempted company with limited liability under the laws of the Cayman Islands. A material portion of our assets are located outside of the United States. As a result, it may be difficult for our shareholders to enforce judgments against us or judgments obtained in U.S. courts predicated upon the civil liability provisions of the federal securities laws of the United States or any state of the United States.
We have been advised by our Cayman Islands counsel, Maples and Calder, that although there is no statutory enforcement in the Cayman Islands of judgments obtained in the United States, the courts of the Cayman Islands will based on the principle that a judgment by a competent foreign court imposes upon the judgment debtor an obligation to pay the sum for which judgment has been given recognize and enforce a foreign judgment of a court of competent jurisdiction if such judgment is final, for a liquidated sum, not in respect of taxes or a fine or penalty, is not inconsistent with a Cayman Islands judgment in respect of the same matters, and was not obtained in a manner, and is not of a kind, the enforcement of which is contrary to natural justice or the public policy of the Cayman Islands. There is doubt, however, as to whether the Grand Court of the Cayman Islands will (1) recognize or enforce judgments of U.S. courts predicated upon the civil liability provisions of the federal securities laws of the United States or any state of the United States, or (2) in original actions brought in the Cayman Islands, impose liabilities predicated upon the civil liability provisions of the federal securities laws of the United States or any state of the United States, on the grounds that such provisions are penal in nature.
The Grand Court of the Cayman Islands may stay proceedings if concurrent proceedings are being brought elsewhere.
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Our stock price may be adversely affected by third parties who raise allegations about our Company.
Short sellers and others who raise allegations regarding the legality of our business activities, some of whom are positioned to profit if our stock declines, can negatively affect our stock price. In late 2012, a hedge fund manager publicly raised allegations regarding the legality of our network marketing program and announced that his fund had taken a significant short position regarding our common shares, leading to intense public scrutiny and significant stock price volatility. Following this public announcement in December 2012, our stock price dropped significantly. This hedge fund manager continues to make allegations regarding the legality of our network marketing program, our product safety, our accounting practices and other matters. Additionally, from time to time the Company is subject to governmental and regulatory inquiries and inquiries from legislators that may adversely affect our stock price. Our stock price has continued to exhibit heightened volatility and the short interest in our common shares continues to remain high. Short sellers expect to make a profit if our common shares decline in value, and their actions and their public statements may cause further volatility in our share price. While a number of traders have publicly announced that they have taken long positions contrary to the hedge fund shorting our shares, the existence of such a significant short interest position and the related publicity may lead to continued volatility. The volatility of our stock may cause the value of a shareholders investment to decline rapidly.
Item 2. Unregistered Sales of Equity Securities and Use of Proceeds
(a) None.
(b) None.
(c) During the three months ended March 31, 2015, we did not repurchase any of our common shares through open market purchases. As of March 31, 2015, the remaining authorized capacity under our share repurchase program was $232.9 million inclusive of reductions for the Forward Transactions. The Companys share repurchase program will expire on June 30, 2017.
Item 3. Defaults Upon Senior Securities
None.
Item 4. Mine Safety Disclosures
Not applicable.
(a) On May 4, 2015, the Company amended its Credit Facility to extend the maturity date of its revolving credit facility to March 9, 2017. The Term Loan will still mature on March 9, 2016. Pursuant to this amendment and upon execution, the Company was required to make prepayments of approximately $20.3 million and $50.9 million on the Term Loan and revolving credit facility, respectively. Additionally, the Companys $700 million borrowing capacity on its revolving credit facility was reduced by approximately $235.9 million upon execution of this amendment, and will be further reduced by approximately $39.1 million on September 30, 2015, bringing the total expected available borrowing capacity on its revolving credit facility to $425.0 million as of September 30, 2015. Until March 9, 2016, the interest rates on the Companys borrowings under the Credit Facility, as amended, will effectively remain unchanged except that the minimum applicable margin will be increased by 0.50%. After March 9, 2016, the applicable interest rates on the Companys borrowings under the Credit Facility, as amended, will increase by 2.00% such that borrowings under the Credit Facility will bear interest at either LIBOR plus the applicable margin between 4.00% and 5.00% or the base rate plus the applicable margin between 3.00% and 4.00%. The Credit Facility, as amended, also restricts the Companys ability to pay dividends or repurchase its common shares to a maximum of $233.0 million until maturity and also provides for the grant of security interest on certain additional assets of the Company and its subsidiaries. The Company incurred approximately $7 million of debt issuance costs in connection with the amendment.
(b) None.
(a) Exhibit Index:
EXHIBIT INDEX
|
Exhibit Number |
Description |
Reference | ||||
| 3.1 | Form of Amended and Restated Memorandum and Articles of Association of Herbalife Ltd. | * | ||||
| 4.1 | Form of Share Certificate | (c | ) | |||
| 4.2 | Indenture between Herbalife Ltd. and Union Bank, N.A., as trustee, dated February 7, 2014, governing the 2.00% Convertible Senior Notes due 2019 | (m | ) | |||
| 4.3 | Form of Global Note for 2.00% Convertible Senior Note due 2019 (included as Exhibit A to exhibit 4.2 hereto) | (m | ) | |||
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|
Exhibit Number |
Description |
Reference | ||||
| 10.1# | Herbalife International of America, Inc.s Senior Executive Deferred Compensation Plan, effective January 1, 1996, as amended | (a | ) | |||
| 10.2# | Herbalife International of America, Inc.s Management Deferred Compensation Plan, effective January 1, 1996, as amended | (a | ) | |||
| 10.3# | Herbalife International Inc. 401K Profit Sharing Plan and Trust, as amended | (a | ) | |||
| 10.4 | Notice to Distributors regarding Amendment to Agreements of Distributorship, dated as of July 18, 2002 between Herbalife International, Inc. and each Herbalife Distributor | (a | ) | |||
| 10.5# | Side Letter Agreement dated as of April 3, 2003 by and among WH Holdings (Cayman Islands) Ltd., Michael O. Johnson and the Shareholders listed therein | (a | ) | |||
| 10.6 | Form of Indemnification Agreement between Herbalife Ltd. and the directors and certain officers of Herbalife Ltd. | (b | ) | |||
| 10.7# | Amended and Restated Herbalife Ltd. 2005 Stock Incentive Plan | * | ||||
| 10.8# | Form of Herbalife Ltd. 2005 Stock Incentive Plan Stock Unit Award Agreement | (h | ) | |||
| 10.9# | Form of Herbalife Ltd. 2005 Stock Incentive Plan Stock Appreciation Right Award Agreement | (h | ) | |||
| 10.10# | Form of Herbalife Ltd. 2005 Stock Incentive Plan Stock Appreciation Right Award Agreement applicable to Michael O. Johnson | (h | ) | |||
| 10.11# | Form of Herbalife Ltd. 2005 Stock Incentive Plan Stock Appreciation Right Award Agreement applicable to Richard P. Goudis | (h | ) | |||
| 10.12# | Form of Herbalife Ltd. 2005 Stock Incentive Plan Stock Appreciation Right Award Agreement applicable to Mr. Michael O. Johnson | (j | ) | |||
| 10.13# | Form of Herbalife Ltd. 2005 Stock Incentive Plan Stock Appreciation Right Award Agreement applicable to Richard Goudis | (j | ) | |||
| 10.14# | Form of Herbalife Ltd. 2005 Stock Incentive Plan Stock Unit Award Agreement | (j | ) | |||
| 10.15# | Form of Herbalife Ltd. 2005 Stock Incentive Plan Stock Appreciation Right Award Agreement | (j | ) | |||
| 10.16# | Herbalife Ltd. Employee Stock Purchase Plan | (k | ) | |||
| 10.17# | Employment Agreement dated as of March 27, 2008 between Michael O. Johnson and Herbalife International of America, Inc. | (k | ) | |||
| 10.18# | Stock Appreciation Right Award Agreement by and between Herbalife Ltd. and Michael O. Johnson, dated March 27, 2008 | (k | ) | |||
| 10.19# | Stock Appreciation Right Award Agreement by and between Herbalife Ltd. and Michael O. Johnson, dated March 27, 2008 | (k | ) | |||
| 10.20# | Amendment to Herbalife International Inc. 401K Profit Sharing Plan and Trust | (p | ) | |||
| 10.21# | Form of Independent Directors Stock Appreciation Right Award Agreement | * | ||||
| 10.22# | Herbalife Ltd. Amended and Restated Independent Directors Deferred Compensation and Stock Unit Plan | * | ||||
| 10.23# | Amended and Restated Employment Agreement by and between Richard P. Goudis and Herbalife International of America, Inc., dated as of January 1, 2010 | (d | ) | |||
| 10.24# | First Amendment to the Amended and Restated Employment Agreement by and between Richard P. Goudis and Herbalife International of America, Inc., dated as of December 28, 2010 | (f | ) | |||
| 10.25# | Amended and Restated Non-Management Directors Compensation Plan(e) | |||||
| 10.26# | Form of Herbalife Ltd. 2005 Stock Incentive Plan Non-Employee Directors Stock Appreciation Right Award Agreement | (e | ) | |||
| 10.27# | Severance Agreement by and between John DeSimone and Herbalife International of America, Inc., dated as of February 23, 2011 | (g | ) | |||
57
|
Exhibit Number |
Description |
Reference | ||||
| 10.28# | Amended and Restated Severance Agreement, dated as of February 23, 2011, by Desmond Walsh and Herbalife International of America, Inc. | (g | ) | |||
| 10.29 | Credit Agreement, dated as of March 9, 2011, by and among Herbalife International, Inc. (HII), Herbalife Ltd., Herbalife International Luxembourg S.a.R.L., certain subsidiaries of HII as guarantors, the lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer | (h | ) | |||
| 10.30 | First Amendment, dated July 26, 2012, to Credit Agreement, dated as of March 9, 2011, by and among Herbalife International, Inc. (HII), Herbalife Ltd., Herbalife International Luxembourg S.a.R.L., certain subsidiaries of HII as guarantors, the lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer | (j | ) | |||
| 10.31# | Amendment to Amended and Restated Herbalife Ltd. 2005 Stock Incentive Plan | (i | ) | |||
| 10.32 | Second Amendment, dated February 3, 2014, to Credit Agreement, dated as of March 9, 2011, by and among Herbalife International, Inc. (HII), Herbalife Ltd., Herbalife International Luxembourg S.a.R.L., certain subsidiaries of HII as guarantors, the lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer | (l | ) | |||
| 10.33 | Form of Forward Share Repurchase Confirmation | (m | ) | |||
| 10.34 | Form of Base Capped Call Confirmation | (m | ) | |||
| 10.35 | Form of Additional Capped Call Confirmation | (m | ) | |||
| 10.36# | Form of Herbalife Ltd. 2005 Stock Incentive Plan Performance Condition Stock Appreciation Right Award Agreement | (m | ) | |||
| 10.37 | Amended and Restated Support Agreement, dated March 23, 2014, by and among Herbalife Ltd., Carl C. Icahn, Icahn Partners Master Fund LP, Icahn Offshore LP, Icahn Partners LP, Icahn Onshore LP, Beckton Corp., Hopper Investments LLC, Barberry Corp., High River Limited Partnership, Icahn Capital LP, IPH GP LLC, Icahn Enterprises Holdings LP, and Icahn Enterprises GP Inc. | (n | ) | |||
| 10.38# | Herbalife Ltd. 2014 Stock Incentive Plan. | (o | ) | |||
| 10.39 | Confirmation between Merrill Lynch International and Herbalife Ltd., dated May 6, 2014 | (p | ) | |||
| 10.40 | Third Amendment to Credit Agreement dated as of May 4, 2015, among Herbalife Ltd., Herbalife International, Inc., Herbalife International Luxembourg S.a.R.L., the guarantors part thereto, the lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer. |
|
* |
|
||
| 31.1 | Rule 13a-14(a) Certification of Chief Executive Officer | * | ||||
| 31.2 | Rule 13a-14(a) Certification of Chief Financial Officer | * | ||||
| 32.1 | Section 1350 Certification of Chief Executive Officer and Chief Financial Officer | * | ||||
| 101.INS | XBRL Instance Document | * | ||||
| 101.SCH | XBRL Taxonomy Extension Schema Document | * | ||||
| 101.CAL | XBRL Taxonomy Extension Calculation Linkbase Document | * | ||||
| 101.DEF | XBRL Taxonomy Extension Definition Linkbase Document | * | ||||
| 101.LAB | XBRL Taxonomy Extension Label Linkbase Document | * | ||||
| 101.PRE | XBRL Taxonomy Extension Presentation Linkbase Document | * | ||||
| * | Filed herewith. |
| # | Management contract or compensatory plan or arrangement. |
| (a) | Previously filed on October 1, 2004 as an Exhibit to the Companys registration statement on Form S-1 (File No. 333-119485) and is incorporated herein by reference. |
| (b) | Previously filed on December 2, 2004 as an Exhibit to Amendment No. 4 to the Companys registration statement on Form S-1 (File No. 333-119485) and is incorporated herein by reference. |
58
| (c) | Previously filed on December 14, 2004 as an Exhibit to Amendment No. 5 to the Companys registration statement on Form S-1 (File No. 333-119485) and is incorporated herein by reference. |
| (d) | Previously filed on June 17, 2010 as an Exhibit to the Companys Current Report on Form 8-K and is incorporated herein by reference. |
| (e) | Previously filed on August 2, 2010 as an Exhibit to the Companys Quarterly Report on Form 10-Q for the quarter ended June 30, 2010 and is incorporated by reference. |
| (f) | Previously filed on December 29, 2010 as an Exhibit to the Companys Current Report on Form 8-K and is incorporated herein by reference. |
| (g) | Previously filed on March 1, 2011 as an Exhibit to the Companys Current Report on Form 8-K and is incorporated herein by reference. |
| (h) | Previously filed on May 2, 2011 as an Exhibit to the Companys Quarterly Report on Form 10-Q for the quarter ended March 31, 2011 and is incorporated by reference. |
| (i) | Previously filed on April 29, 2011 as an Exhibit to the Companys Current Report on Form 8-K and is incorporated herein by reference. |
| (j) | Previously filed on July 30, 2012 as an Exhibit to the Companys Quarterly Report on Form 10-Q for the quarter ended June 30, 2012 and is incorporated herein by reference. |
| (k) | Previously filed on April 29, 2013 as an Exhibit to the Companys Quarterly Report on Form 10-Q for the quarter ended March 31, 2013 and is incorporated herein by reference. |
| (l) | Previously filed on February 7, 2014 as an Exhibit to the Companys Current Report on Form 8-K, and is incorporated herein by reference. |
| (m) | Previously filed on February 18, 2014 as an Exhibit to the Companys Annual Report on Form 10-K for the year ended December 31, 2013 and is incorporated by reference. |
| (n) | Previously filed on March 24, 2014 as an Exhibit to the Companys Current Report on Form 8-K, and is incorporated herein by reference. |
| (o) | Previously filed on May 8, 2014 as an Exhibit to the Companys registration statement on Form S-8 (File No. 333-195798) and is incorporated herein by reference. |
| (p) | Previously filed on July 28, 2014 as an Exhibit to the Companys Quarterly Report on Form 10-Q for the quarter ended June 30, 2014 and is incorporated herein by reference. |
59
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
| HERBALIFE LTD. | ||
| By: |
/s/ JOHN G. DESIMONE |
|
|
John G. DeSimone Chief Financial Officer |
||
Dated: May 5, 2015
60
Exhibit 3.1
THE COMPANIES LAW (2012 REVISION)
OF THE CAYMAN ISLANDS
COMPANY LIMITED BY SHARES
AMENDED AND RESTATED
MEMORANDUM AND ARTICLES
OF
ASSOCIATION
OF
HERBALIFE LTD.
THE COMPANIES LAW (2012 REVISION)
OF THE CAYMAN ISLANDS
COMPANY LIMITED BY SHARES
AMENDED AND RESTATED MEMORANDUM OF ASSOCIATION
OF
HERBALIFE LTD.
Amended and Restated by Special Resolution dated 1 December 2004
and as amended by Special Resolution dated 25 April 2013
| 1 | The name of the Company is Herbalife Ltd. |
| 2 | The registered office of the Company shall be at the offices of M&C Corporate Services Limited, PO Box 309GT, Ugland House, South Church Street, George Town, Grand Cayman, Cayman Islands or at such other place as the Board may from time to time decide. |
| 3 | The objects for which the Company is established are unrestricted and the Company shall have full power and authority to carry out any object not prohibited by the Companies Law (2012 Revision) or as the same may be revised from time to time, or any other law of the Cayman Islands. |
| 4 | The liability of each Member is limited to the amount from time to time unpaid on such Members Shares. |
| 5 | The authorized share capital of the Company is US$1,015,000 divided into 1,000,000,000 Common Shares of a par value of US$0.001 per share, and 7,500,000 Preference Shares of a par value of US$0.002 per share, in each case having the rights and preferences attached thereto as provided in the Companys Articles of Association. |
| 6 | The Company has power to register by way of continuation as a body corporate limited by shares under the laws of any jurisdiction outside the Cayman Islands and to be deregistered in the Cayman Islands. |
| 7 | Capitalised terms that are not defined in this Memorandum of Association bear the same meaning as those given in the Articles of Association of the Company. |
AMENDED AND RESTATED ARTICLES OF ASSOCIATION
TABLE OF CONTENTS
|
INTERPRETATION |
1 | |||
|
SHARE CAPITAL: ISSUE OF SHARES |
4 | |||
|
COMMON SHARES |
4 | |||
|
PREFERENCE SHARES |
5 | |||
|
ISSUE OF WARRANTS AND OPTIONS |
6 | |||
|
CERTIFICATES FOR SHARES |
6 | |||
|
REGISTER OF MEMBERS |
7 | |||
|
TRANSFER OF SHARES |
8 | |||
|
REDEMPTION AND REPURCHASE OF SHARES |
9 | |||
|
VARIATION OF RIGHTS OF SHARES |
10 | |||
|
COMMISSION ON SALE OF SHARES |
10 | |||
|
NON-RECOGNITION OF TRUSTS |
11 | |||
|
TRANSMISSION OF SHARES |
11 | |||
|
AMENDMENT OF MEMORANDUM AND ARTICLES OF ASSOCIATION AND ALTERATION OF CAPITAL |
12 | |||
|
REGISTERED OFFICE |
12 | |||
|
CLOSING REGISTER OF MEMBERS OR FIXING RECORD DATE |
13 | |||
|
GENERAL MEETINGS |
13 | |||
|
NOTICE OF GENERAL MEETINGS |
14 | |||
|
PROCEEDINGS AT GENERAL MEETINGS |
15 | |||
|
NOMINATIONS OF DIRECTORS |
17 | |||
|
VOTES OF MEMBERS |
18 | |||
|
PROXIES |
19 | |||
|
CORPORATE MEMBERS |
20 | |||
|
SHARES THAT MAY NOT BE VOTED |
20 | |||
|
DIRECTORS |
20 | |||
|
CLASSIFICATION AND APPOINTMENT OF DIRECTORS |
21 | |||
|
REMOVAL OF DIRECTORS |
22 | |||
|
VACATION OF OFFICE OF DIRECTOR |
23 | |||
|
REMUNERATION OF DIRECTORS |
23 | |||
|
NO MINIMUM SHAREHOLDING |
24 | |||
|
DIRECTORS INTERESTS |
24 | |||
|
POWERS AND DUTIES OF DIRECTORS |
25 | |||
|
RESTRICTIONS ON THE COMPANY ENGAGING IN BUSINESS COMBINATIONS |
25 | |||
|
MINUTES |
30 | |||
|
DELEGATION OF THE BOARDS POWERS |
31 | |||
|
EXECUTIVE OFFICERS |
31 | |||
|
PROCEEDINGS OF DIRECTORS |
32 | |||
|
PRESUMPTION OF ASSENT |
33 | |||
|
SEAL |
33 | |||
|
DIVIDENDS, DISTRIBUTIONS AND RESERVE |
34 | |||
|
CAPITALISATION |
35 | |||
|
BOOKS OF ACCOUNT |
36 | |||
|
AUDIT |
36 | |||
|
NOTICES |
37 | |||
|
WINDING UP |
38 | |||
|
INDEMNITY |
38 | |||
|
FINANCIAL YEAR |
41 | |||
|
TRANSFER BY WAY OF CONTINUATION |
41 | |||
2
THE COMPANIES LAW (2012 REVISION)
OF THE CAYMAN ISLANDS
COMPANY LIMITED BY SHARES
AMENDED AND RESTATED ARTICLES OF ASSOCIATION
OF
HERBALIFE LTD.
Amended and Restated by Special Resolution dated 1 December 2004
and as amended by Special Resolution dated 25 April 2013
INTERPRETATION
| 1 | In these Articles Table A in the First Schedule to the Statute does not apply and, unless there is something in the subject or context inconsistent therewith: |
| Articles | means these articles of association of the Company, as amended from time to time by Special Resolution. | |
| Auditors | means the persons for the time being performing the duties of auditors of the Company. | |
| Board | means the board of directors of the Company. | |
| Common Shares | has the meaning given in the Companys Memorandum of Association. | |
| Company | means the above-named company. | |
| Directors | means the directors for the time being of the Company. | |
| dividend | includes interim dividends and bonus dividends. | |
| Dividend Period | shall bear the meaning given to it in the Articles under the heading PREFERENCE SHARES . | |
| Electronic Record | has the same meaning as in the Electronic Transactions Law (2003 Revision). | |
| Exchange | shall mean any securities exchange or other system on which the Shares of the Company may be listed or otherwise authorised for trading from time to time. | |
| Independent Director | shall mean a person recognised as such by the relevant code, rules and regulations applicable to the listing of the Shares on the Exchange. | |
| Member | has the same meaning as in the Statute. | |
| Memorandum | means the memorandum of association of the Company as amended from time to time by Special Resolution. | |
| month | means calendar month. | |
| Ordinary Resolution | means a resolution passed by a simple majority of the Members as, being entitled to do so, vote in person or, where proxies are allowed, by proxy at a general meeting. In computing the majority when a poll is demanded regard shall be had to the number of votes to which each Member is entitled by the Articles. | |
| paid-up | means paid-up and/or credited as paid-up. | |
| Preference Shares | has the meaning given in the Companys Memorandum of Association. | |
| Register of Members | means the register maintained in accordance with the Statute and includes (except where otherwise stated) any duplicate Register of Members. | |
| registered office | means the registered office for the time being of the Company. | |
| Seal | means the common seal of the Company and includes every duplicate seal. | |
| Secretary | includes an assistant secretary and any person appointed to perform the duties of secretary of the Company. | |
2
| Share and Shares | means a share or shares in the Company and includes a fraction of a share. | |
| Special Resolution | has the same meaning as in the Statute provided that a Special Resolution may not be passed by way of an unanimous written resolution. | |
| Statute | means the Companies Law (2012 Revision) of the Cayman Islands. | |
| written and in writing | include all modes of representing or reproducing words in visible form. | |
| 2 | In the Articles: |
| 2.1 | words importing the singular number include the plural number and vice-versa; |
| 2.2 | words importing the masculine gender include the feminine gender; |
| 2.3 | words importing persons include corporations; |
| 2.4 | written and in writing include all modes of representing or reproducing words in visible form, including in the form of an Electronic Record; |
| 2.5 | references to provisions of any law or regulation shall be construed as references to those provisions as amended, modified, re-enacted or replaced from time to time; |
| 2.6 | any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; |
| 2.7 | headings are inserted for reference only and shall be ignored in construing these Articles; and |
| 2.8 | in these Articles Section 8 of the Electronic Transactions Law shall not apply. |
3
SHARE CAPITAL: ISSUE OF SHARES
| 3 | The authorised share capital of the Company at the date of the adoption of these Articles is US$1,015,000 divided into 500,000,000 Common Shares of a par value of US$0.002 per share, and 7,500,000 Preference Shares of a par value of US$0.002 per share. 1 |
| 4 | Subject to the provisions, if any, in the Memorandum and these Articles and to any direction that may be given by the Company in a general meeting and without prejudice to any rights attached to any existing Shares, the Board may allot, issue, grant options, rights or warrants over or otherwise dispose of any Shares (including fractions of any Share) with or without preferred, deferred, qualified or other rights or restrictions, whether in regard to dividend, voting, return of capital or otherwise, and to such persons at such times and on such other terms as they think proper. Notwithstanding and without prejudice to the generality of the foregoing, the Board is expressly authorised and empowered to implement or effect at its sole discretion the issuance of a preference share purchase right to be issued on a pro rata basis to each holder of a Common Share with such terms and for such purposes, including the influencing of takeovers, as may be described in a rights agreement between the Company and a rights agent. |
| 5 | Upon approval of the Board, such number of Common Shares, or other shares or securities of the Company, as may be required for such purposes shall be reserved for issuance in connection with an option, right, warrant or other security of the Company or any other person that is exercisable for, convertible into, exchangeable for or otherwise issuable in respect of such Common Shares or other shares or securities of the Company. |
| 6 | All Shares shall be issued fully paid as to their nominal value and any premium determined by the Board at the time of issue and shall be non-assessable. |
| 7 | The Company shall not issue Shares to bearer. |
COMMON SHARES
| 8 | The holders of the Common Shares shall be: |
| 8.1 | entitled to dividends in accordance with the relevant provisions of these Articles; |
| 8.2 | entitled to and are subject to the provisions in relation to winding up of the Company provided for in these Articles; |
| 8.3 | entitled to attend general meetings of the Company and shall be entitled to one vote for each Common Share registered in his name in the Register of Members, both in accordance with the relevant provisions of these Articles. |
| 1 | Please note that pursuant to an ordinary resolution of shareholders passed on April 28, 2011 there was a stock split now reflected in Clause 5 of the Memorandum of Association. |
4
| 9 | All Common Shares shall rank pari passu with each other in all respects. |
PREFERENCE SHARES
| 10 | Preference Shares may be issued from time to time in one or more series, each of such series to have such voting powers (full or limited or without voting powers), designations, preferences and relative, participating, optional or other special rights and qualifications, limitations or restrictions thereof as are stated and expressed, or in any resolution or resolutions providing for the issue of such series adopted by the Board as hereinafter provided. |
| 11 | Authority is hereby granted to the Board, subject to the provisions of the Memorandum, these Articles and applicable law, to create one or more series of Preference Shares and, with respect to each such series, to fix by resolution or resolutions, without any further vote or action by the Members of the Company providing for the issue of such series: |
| 11.1 | the number of Preference Shares to constitute such series and the distinctive designation thereof; |
| 11.2 | the dividend rate on the Preference Shares of such series, the dividend payment dates, the periods in respect of which dividends are payable ( Dividend Periods ), whether such dividends shall be cumulative and, if cumulative, the date or dates from which dividends shall accumulate; |
| 11.3 | whether the Preference Shares of such series shall be convertible into, or exchangeable for, Shares of any other class or classes or any other series of the same or any other class or classes of Shares and the conversion price or prices or rate or rates, or the rate or rates at which such exchange may be made, with such adjustments, if any, as shall be stated and expressed or provided in such resolution or resolutions; |
| 11.4 | the preferences, if any, and the amounts thereof, which the Preference Shares of such series shall be entitled to receive upon the winding up of the Company; |
| 11.5 | the voting power, if any, of the Preference Shares of such series; |
| 11.6 | transfer restrictions and rights of first refusal with respect to the Preference Shares of such series; and |
| 11.7 | such other terms, conditions, special rights and provisions as may seem advisable to the Board. |
5
| 12 | Notwithstanding the fixing of the number of Preference Shares constituting a particular series upon the issuance thereof, the Board at any time thereafter may authorise the issuance of additional Preference Shares of the same series subject always to the Statute and the Memorandum. |
| 13 | No dividend shall be declared and set apart for payment on any series of Preference Shares in respect of any Dividend Period unless there shall likewise be or have been paid, or declared and set apart for payment, on all Preference Shares of each other series entitled to cumulative dividends at the time outstanding which rank senior or equally as to dividends with the series in question, dividends rateably in accordance with the sums which would be payable on the said Preference Shares through the end of the last preceding Dividend Period if all dividends were declared and paid in full. |
| 14 | If, upon the winding up of the Company, the assets of the Company distributable among the holders of any one or more series of Preference Shares which (i) are entitled to a preference over the holders of the Common Shares upon such winding up, and (ii) rank equally in connection with any such distribution, shall be insufficient to pay in full the preferential amount to which the holders of such Preference Shares shall be entitled, then such assets, or the proceeds thereof, shall be distributed among the holders of each such series of the Preference Shares rateably in accordance with the sums which would be payable on such distribution if all sums payable were discharged in full. |
ISSUE OF WARRANTS AND OPTIONS
| 15 | The Board may issue warrants or options to subscribe for any class of Shares or other securities of the Company on such terms as it may from time to time determine. No warrants or options shall be issued to bearer. |
CERTIFICATES FOR SHARES
| 16 | Every person whose name is entered as a Member in the Register of Members shall be entitled without payment to receive, within twenty days, after allotment or lodgement of transfer (or within such other period as the conditions of issue shall provide), one certificate for all his Shares of each class or, upon payment of such reasonable fee as the Board shall prescribe, such number of certificates for Shares held as that person may request, provided that in respect of a Share or Shares held jointly by several persons the Company shall not be bound to issue a certificate or certificates to each such person, and the issue and delivery of a certificate or certificates to one of several joint holders shall be sufficient delivery to all such holders. |
6
| 17 | Every share certificate shall specify the number of Shares in respect of which it is issued and the amount paid thereon or the fact that they are fully paid, as the case may be, and may otherwise be in such form as shall be determined by the Board. Such certificates may be under Seal. All certificates for Shares shall be consecutively numbered or otherwise identified and shall specify the Shares to which they relate. The name and address of the person to whom the Shares represented thereby are issued, with the number of Shares and date of issue, shall be entered in the Register of Members of the Company. All certificates surrendered to the Company for transfer shall be cancelled and no new certificate shall be issued until the former certificate for a like number of Shares shall have been surrendered and cancelled. The Board may authorise certificates to be issued with the seal and authorised signature(s) affixed by some method or system of mechanical process. |
| 18 | If a share certificate is defaced, worn out, lost or destroyed, it may be renewed on such terms (if any) as to evidence and indemnity and on the payment of such expenses reasonably incurred by the Company in investigating such evidence, as the Board may prescribe, and (in the case of defacement or wearing out) upon delivery of the old certificate. |
REGISTER OF MEMBERS
| 19 | The Company shall maintain or caused to be maintained a Register of its Members in accordance with the Statute. |
| 20 | If the Board considers it necessary or appropriate, the Company may establish and maintain a duplicate Register or Registers of Members at such location or locations within or outside the Cayman Islands as the Board thinks fit. The original Register of Members shall be treated as the Register of Members for the purposes of these Articles and the Statute. |
| 21 | The Company, or any agent(s) appointed by it to maintain the duplicate Register of Members in accordance with these Articles, shall as soon as practicable and on a regular basis record or procure the recording in the original Register of Members all transfers of Shares effected on any duplicate Register of Members and shall at all times maintain the original Register of Members in such manner as to show at all times the Members for the time being and the Shares respectively held by them, in all respects in accordance with the Statute. |
| 22 | The Company shall not be bound to register more than four persons as joint holders of any Share. If any Share shall stand in the names of two or more persons, the person first named in the Register of Members shall be deemed the sole holder thereof as regards service of notices and, subject to the provisions of these Articles, all or any other matters connected with the Company. |
7
TRANSFER OF SHARES
| 23 | All transfers of Shares may be effected by an instrument of transfer in the usual common form or in such other form as the Board may approve. All instruments of transfer must be left at the registered office of the Company or at such other place as the Board may appoint and all such instruments of transfer shall be retained by the Company. |
| 24 | The instrument of transfer shall be executed by or on behalf of the transferor and by or on behalf of the transferee provided that the Board may dispense with the execution of the instrument of transfer by the transferee in any case which it thinks fit in its discretion to do so. The instrument of transfer of any Share shall be in writing and shall be executed with a manual signature or facsimile signature (which may be machine imprinted or otherwise) by or on behalf of the transferor and transferee provided that in the case of execution by facsimile signature by or on behalf of a transferor or transferee, the Board shall have previously been provided with a list of specimen signatures of the authorised signatories of such transferor or transferee and the Board shall be reasonably satisfied that such facsimile signature corresponds to one of those specimen signatures. The transferor shall be deemed to remain the holder of a Share until the name of the transferee is entered in the Register of Members in respect thereof. |
| 25 | The Board may, in its absolute discretion, and without assigning any reason, refuse to register a transfer of any Share unless: |
| 25.1 | the instrument of transfer is lodged with the Company accompanied by the certificate for the Shares to which it relates (which shall upon registration of the transfer be cancelled) and such other evidence as the Board may reasonably require to show the right of the transferor to make the transfer; |
| 25.2 | the instrument of transfer is in respect of only one class of Shares; |
| 25.3 | the instrument of transfer is properly stamped (in circumstances where stamping is required); |
| 25.4 | in the case of a transfer to joint holders, the number of joint holders to which the Share is to be transferred does not exceed four; and |
| 25.5 | a fee of such maximum amount as the Exchange (if any) may from time to time determine to be payable (or such lesser sum as the Board may from time to time require) is paid to the Company in respect thereof. |
| 26 | If the Board refuses to register a transfer of any Share, it shall, within two months after the date on which the transfer was lodged with the Company, send to each of the transferor and the transferee notice of such refusal. |
| 27 | The Company shall not be obligated to make any transfer to an infant or to a person in respect of whom an order has been made by an competent court or official on the grounds that he is or may be suffering from mental disorder or is otherwise incapable of managing his affairs or under other legal disability. |
8
| 28 | Upon every transfer of Shares the certificate held by the transferor shall be given up to be cancelled, and shall forthwith be cancelled accordingly, and a new certificate shall be issued without charge to the transferee in respect of the Shares transferred to him, and if any of the Shares included in the certificate so given up shall be retained by the transferor, a new certificate in respect thereof shall be issued to him without charge. The Company shall also retain the instrument(s) of transfer. |
REDEMPTION AND REPURCHASE OF SHARES
| 29 | Subject to the provisions of the Statute the Company may issue Shares that are to be redeemed or are liable to be redeemed at the option of the Member or the Company. The redemption of Common Shares shall be effected in such manner as the Company may, by Special Resolution, determine before the issue of the Common Shares and the redemption of Preference Shares shall be effected in such manner as the Board may, by resolution, determine before the issue of the Preference Shares (this authorisation is in accordance with Section 37(1) of the Statute or any modification or re-enactment thereof for the time being in force). |
| 30 | Subject to the provisions of the Statute, the Company may purchase its own Shares (including any redeemable Shares) provided that the Members shall have approved the manner of purchase by Ordinary Resolution or that the manner of purchase is in accordance with the following Articles (this authorisation is in accordance with Section 37(2) of the Statute or any modification or re-enactment thereof for the time being in force). |
| 31 | Purchase of Common Shares listed on an Exchange. The Company is authorised to purchase any Common Share listed on such Exchange in accordance with the following manner of purchase: The maximum number of Common Shares that may be repurchased shall be equal to the number of issued and outstanding Common Shares less one Common Share; at such time; at such price and on such other terms as determined and agreed by the Board in their sole discretion, provided , however , that (i) such repurchase transactions shall be in accordance with the relevant code, rules and regulations applicable to the listing of the Shares on the Exchange; and (ii) at the time of the repurchase the Company is able to pay its debts as they fall due in the ordinary course of its business. |
| 32 |
Purchase of Common Shares not listed on an Exchange. The Company is authorised to purchase any Common Share not listed on an Exchange in accordance with the following manner of purchase: The Company shall serve a repurchase notice in a form approved by the Board on the Member from whom the Common Shares are to be repurchased at least two (2) days prior to the date specified in the notice as being the repurchase date; the price for the Common Shares |
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| being repurchased shall be such price agreed between the Board and the applicable Member; the date of repurchase shall be the date specified in the repurchase notice; and the repurchase shall be on such other terms as specified in the repurchase notice as determined and agreed by the Board and the applicable Member in their sole discretion. |
| 33 | The purchase of any Share shall not be oblige the Company to purchase any other Share other than as may be required pursuant to applicable law and any other contractual obligations of the Company. |
| 34 | The Company may make a payment in respect of the redemption or purchase of its own Shares in any manner permitted by the Statute, including out of capital. |
| 35 | The holder of the Shares being purchased shall be bound to deliver up to the Company at its registered office or such other place as the Board shall specify, the certificate(s) (if any) thereof for cancellation and thereupon the Company shall pay to him the purchase or redemption monies or consideration in respect thereof. |
VARIATION OF RIGHTS OF SHARES
| 36 | If at any time the share capital of the Company is divided into different classes of Shares, the rights attached to any class (unless otherwise provided by the terms of issue of the Shares of that class) may, whether or not the Company is being wound up, be varied with the sanction of a Special Resolution passed at a general meeting of the holders of the Shares of that class. |
| 37 | The provisions of these Articles relating to general meetings shall apply to every such general meeting of the holders of one class of Shares except that the necessary quorum shall be one person holding or representing by proxy at least one-third of the issued Shares of the class. |
| 38 | The rights conferred upon the holders of the Shares of any class issued with preference or other rights shall not, unless otherwise expressly provided by the terms of issue of the Shares of that class, be deemed to be varied by the creation or issue of further Shares ranking pari passu therewith. The rights of holders of Common Shares shall not be deemed to be varied by the creation or issue of Shares with preference or other rights which may be effected by the Board as provided in these Articles without any vote or consent of the holders of Common Shares. |
COMMISSION ON SALE OF SHARES
| 39 |
The Company may in so far as the Statute permits pay a commission to any person in consideration of his subscribing or agreeing to subscribe whether absolutely or conditionally for |
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| any Shares of the Company. Such commissions may be satisfied by the payment of cash and/or the issue of fully or partly paid-up Shares. The Company may also on any issue of Shares pay such brokerage as may be lawful. |
NON-RECOGNITION OF TRUSTS
| 40 | The Company shall not be obligated to recognise any person as holding any Share upon any trust and the Company shall not be bound by or be compelled in any way to recognise (even when having notice thereof) any equitable, contingent, future, or partial interest in any Share, or any interest in any fractional part of a Share, or (except only as is otherwise provided by these Articles or the Statute) any other rights in respect of any Share except an absolute right to the entirety thereof in the registered holder. |
TRANSMISSION OF SHARES
| 41 | In case of the death of a Member, the survivor or survivors where the deceased was a joint holder, and the legal personal representatives of the deceased where he was a sole holder, shall be the only persons recognised by the Company as having any title to his interest in the Shares, but nothing herein contained shall release the estate of any such deceased holder from any liability in respect of any Shares which had been held by him solely or jointly with other persons. |
| 42 | Any person becoming entitled to a Share in consequence of the death or bankruptcy or liquidation or dissolution of a Member (or in any other way than by transfer) may, upon such evidence being produced as may from time to time be required by the Board and subject as hereinafter provided, elect either to be registered himself as holder of the Share or to make such transfer of the Share to such other person nominated by him and to have such person registered as the transferee thereof, but the Board shall, in either case, have the same right to decline or suspend registration as they would have had in the case of a transfer of the Share by that Member before his death or bankruptcy as the case may be. |
| 43 | If the person so becoming entitled shall elect to be registered himself as holder he shall deliver or send to the Company a notice in writing signed by him stating that he so elects. |
| 44 |
A person becoming entitled to a Share by reason of the death or bankruptcy or liquidation or dissolution of the holder (or in any other case than by transfer) shall be entitled to the same dividends and other advantages to which he would be entitled if he were the registered holder of the Share, except that he shall not, before being registered as a Member in respect of the Share, be entitled in respect of it to exercise any right conferred by membership in relation to meetings of the Company provided however that the Board may at any time give notice |
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| requiring any such person to elect either to be registered himself or to transfer the Share and if the notice is not complied with within ninety days the Board may thereafter withhold payment of all dividends, bonuses or other monies payable in respect of the Share until the requirements of the notice have been complied with. |
AMENDMENT OF MEMORANDUM AND ARTICLES OF ASSOCIATION AND ALTERATION OF CAPITAL
| 45 | The Company may by Ordinary Resolution: |
| 45.1.1 | increase the share capital by such sum as the resolution shall prescribe and with such rights, priorities and privileges annexed thereto, as the Company in general meeting may determine; |
| 45.1.2 | consolidate and divide all or any of its share capital into Shares of larger amount than its existing Shares; |
| 45.1.3 | by subdivision of its existing Shares or any of them divide the whole or any part of its share capital into Shares of smaller amount than is fixed by the Memorandum or into Shares without par value; and |
| 45.1.4 | cancel any Shares that at the date of the passing of the resolution have not been taken or agreed to be taken by any person. |
| 45.2 | Subject to the provisions of the Statute, the Company may by Special Resolution change its name, alter or add to the Memorandum with respect to any objects, powers or other matters specified therein or alter or add to these Articles. |
| 45.3 | Subject to the provisions of the Statute, the Company may by Special Resolution reduce its share capital and any capital redemption reserve fund. |
REGISTERED OFFICE
| 46 | Subject to the provisions of the Statute, the Company may by resolution of the Directors change the location of its registered office. |
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CLOSING REGISTER OF MEMBERS OR FIXING RECORD DATE
| 47 | For the purpose of determining Members entitled to notice of or to vote at any meeting of Members or any adjournment thereof, or Members entitled to receive payment of any dividend, or in order to make a determination of Members for any other proper purpose, the Board may provide that the Register of Members shall be closed for transfers for a stated period but not to exceed in any case forty (40) days. If the Register of Members shall be so closed for the purpose of determining Members entitled to notice of or to vote at a meeting of Members such Register of Members shall be so closed for at least ten (10) days immediately preceding such meeting and the record date for such determination shall be the date of the closure of the Register of Members. |
| 48 | In lieu of, or apart from, closing the Register of Members, the Board may fix in advance a date as the record date (a) for any such determination of Members entitled to notice of or to vote at a meeting of the Members, which record date shall not be more than sixty (60) days nor less than ten (10) days before the date of such meeting, and (b) for the purpose of determining the Members entitled to receive payment of any dividend, or in order to make a determination of Members for any other proper purpose, which record date shall not be more than sixty (60) days prior to the date of payment of such dividend or the taking of any action to which such determination of Members is relevant. |
| 49 | If the Register of Members is not so closed and no record date is fixed for the determination of Members entitled to notice of or to vote at a meeting of Members or Members entitled to receive payment of a dividend, the date immediately preceding the date on which notice of the meeting is deemed given under these Articles or the date on which the resolution of the Directors declaring such dividend is adopted, as the case may be, shall be the record date for such determination of Members. When a determination of Members entitled to vote at any meeting of Members has been made as provided in this section, such determination shall apply to any adjournment thereof; provided, however, that the Directors may fix a new record date of the adjourned meeting, if they think fit. |
GENERAL MEETINGS
| 50 | The Company shall, if required by the Statute, other applicable law or the relevant code, rules or regulations applicable to the listing of any Shares on the Exchange, hold a general meeting as its annual general meeting, and shall specify the meeting as such in the notices calling it. The annual general meeting shall be held at such time and place as the Board shall appoint provided that the period between the date of one annual general meeting of the Company and that of the next shall not be longer than such period as applicable law or the relevant code, rules and regulations applicable to the listing of the Shares on the Exchange permits. At these meetings the report of the Board (if any) shall be presented. |
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| 51 | The Board may whenever they think fit proceed to convene a general meeting of the Company. |
| 52 | General meetings of the Company (other than the annual general meeting) may be held at such place, either within or without the Cayman Islands, as determined by the Board or pursuant to a Members requisition. |
| 53 | A Members requisition is a requisition of Members of the Company holding at the date of deposit of the requisition more than thirty (30) percent. of the issued and outstanding share capital of the Company that as at that date carries the right of voting at general meetings of the Company. |
| 54 | The requisition must state the objects of the meeting and must be signed by the requisitionists and deposited at the Registered Office, and may consist of several documents in like form each signed by one or more requisitionists. |
| 55 | If the Directors do not within twenty-one (21) days from the date of the deposit of the requisition duly proceed to convene a general meeting to be held within a further twenty-one days, the requisitionists, or any of them representing more than one-half of the total voting rights of all of them, may themselves convene a general meeting, but any meeting so convened shall not be held after the expiration of three months after the expiration of the said twenty-one days. |
| 56 | A general meeting convened as aforesaid by requisitionists shall be convened in the same manner as nearly as possible as that in which general meetings are to be convened by Directors |
NOTICE OF GENERAL MEETINGS
| 57 | At least five (5) days notice shall be given of any general meeting. Every notice shall be exclusive of the day on which it is given or deemed to be given and of the day for which it is given and shall specify such details as are required by applicable law or the relevant code, rules and regulations applicable to the listing of the Shares on the Exchange. |
| 58 | A general meeting of the Company shall, whether or not the notice specified in this regulation has been given and whether or not the provisions of the Articles regarding general meetings have been complied with, be deemed to have been duly convened if applicable law so permits and it is so agreed . |
| 58.1 | in the case of a general meeting called as an annual general meeting by all the Members entitled to attend and vote thereat or their proxies; and |
| 58.2 | in the case of any other general meeting by such number of the Members having a right to attend and vote at the meeting, being a majority together holding not less than two thirds of the Shares in issue that carry a right to vote or their proxies. |
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| 59 | The notice convening an annual general meeting shall specify the meeting as such, and the notice convening a meeting to pass a special resolution shall specify the intention to propose the resolution as a special resolution. Notice of every general meeting shall be given to all Members other than such as, under the provisions hereof or the terms of issue of the Shares they hold, are not entitled to receive such notice from the Company. |
| 60 | There shall appear with reasonable prominence in every notice of general meetings of the Company a statement that a Member entitled to attend and vote is entitled to appoint a proxy to attend and vote instead of him and that a proxy need not be a Member of the Company. |
| 61 | The accidental omission to give notice of a general meeting to, or the non-receipt of notice of a meeting by any person entitled to receive notice shall not invalidate the proceedings of that meeting. |
| 62 | In cases where instruments of proxy are sent out with notices, the accidental omission to send such instrument of proxy to, or the non-receipt of such instrument of proxy by, any person entitled to receive notice shall not invalidate any resolution passed or any proceeding at any such meeting. |
PROCEEDINGS AT GENERAL MEETINGS
| 63 | No business shall be transacted at any general meeting unless a quorum is present. One or more Members present in person or by proxy holding not less than a majority of the issued and outstanding Shares of the Company entitled to vote at the meeting in question shall be a quorum. Only business set out in the applicable notice may be transacted at such general meeting. |
| 64 | A person may only participate at a general meeting in person or by proxy and shall not be permitted to attend by conference telephone or other communications equipment. |
| 65 | If within one hour from the time appointed for the meeting a quorum is not present, the meeting, if convened upon the requisition of Members, shall be dissolved and in any other case it shall stand adjourned to the same day in the next week at the same time and place or to such other time or such other place as the Board may determine and if at the adjourned meeting a quorum is not present within one hour from the time appointed for the meeting the Members present shall be a quorum. |
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| 66 | In order for business to be properly brought before a general meeting by a Member, the business must be legally proper and written notice thereof must have been filed with the Secretary not less than 90 days prior the date of the meeting (or not later than the 10th day following the date of the first public announcement of the date of such meeting, whichever is later) nor more than 120 days prior to the meeting. Each such notice shall set forth: (i) the name and address of the Member who intends to make the proposal as the same appear in the Companys records, (ii) the class and number of shares of the Company that are owned by such Member, and (iii) a clear and concise statement of the proposal and the Members reasons for supporting it. The filing of a Member notice as required above shall not, in and of itself, constitute the making of the proposal described therein. If the Chairman of the meeting determines that any proposed business has not been properly brought before the meeting, he shall declare such business out of order, and such business shall not be conducted at the meeting. |
| 67 | The Chairman, if any, of the Board shall preside as Chairman at every general meeting of the Company, or if there is no such Chairman, or if he shall not be present within one hour after the time appointed for the holding of the meeting, or is unwilling to act, the Directors present shall elect one of their number to be Chairman of the meeting or if all of the Directors present decline to take the chair, then the Members present shall choose one of their own number to be chairman of the meeting. |
| 68 | If at any general meeting no Director is willing to act as Chairman or if no Director is present within one hour after the time appointed for holding the meeting, the Members present shall choose one of their number to be Chairman of the meeting. |
| 69 | The Chairman may, with the consent of any general meeting duly constituted hereunder, and shall if so directed by the meeting, adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. When a general meeting is adjourned for thirty days or more, notice of the adjourned meeting shall be given as in the case of an original meeting; save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned general meeting. No business shall be transacted at any adjourned meeting other than the business which might have been transacted at the meeting from which the adjournment took place. |
| 70 | At any general meeting a resolution put to the vote of the meeting shall be decided on a poll. |
| 71 | A poll shall be taken in such manner and at such time and place, not being not being more than ten days from the date of the meeting or adjourned meeting at which the vote was taken, as the Chairman directs. No notice need be given of a poll not taken immediately. The result of the poll shall be deemed to be the resolution of the general meeting at which the poll was demanded. Any other business other than that upon which a poll is to be taken or is contingent thereon may be preceded with pending the taking of the poll. |
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| 72 | In the case of an equality of votes the Chairman of the general meeting at which the poll is taken shall not be entitled to a second or casting vote. |
NOMINATIONS OF DIRECTORS
| 73 | Nominations of persons for appointment to the Board (other than directors to be nominated by any series of Preferred Shares, voting separately as a class) at a general meeting may only be made (a) pursuant to the Companys notice of general meeting, (b) by or at the direction of the Board or any authorised committee thereof or (c) by any Member who (i) complies with the notice procedures set forth in the following Articles, and (ii) was a Member at the time such notice is delivered to the Secretary and on the record date for the determination of Members entitled to vote at such general meeting, provided, however, that Members shall only be entitled to nominate persons for appointment to the Board at annual general meetings or at general meetings called specifically for the purpose of appointing directors. |
| 74 |
For nominations of persons for appointment to the Board (other than directors to be nominated by any series of Preference Shares, voting separately as a class) to be properly brought before an annual general meeting by a Member, such annual general meeting must have been called for the purpose of, among other things, appointing directors and such Member must have given timely notice thereof in writing to the Secretary. To be timely, a Members notice shall be delivered to the Secretary at the registered office of the Company, or such other address as the Secretary may designate, not less than 90 days prior to the date of such meeting (or not later than the 10th day following the date of the first public announcement of the date of such meeting, whichever is later) nor more than 120 days prior to such meeting. Such Members notice shall set forth (a) as to each person whom the Member proposes to nominate for appointment or re-appointment as a director, all information relating to such person that is required to be disclosed in solicitations of proxies for appointment of directors in an election contest, or is otherwise required, in each case pursuant to Regulation 14A under the Securities Exchange Act of 1934, of the United States of America, as amended, or any successor provisions thereto, including such persons written consent to being named in the proxy statement as a nominee and to serving as a director if appointed and (b) as to the Member giving the notice (i) the name and address of such Member, as they appear on the Register of Members, (ii) the class and number of Shares that are owned beneficially and/or of record by such Member, (iii) a representation that the Member is a registered holder of Shares entitled to vote at such meeting and intends to appear in person or by proxy at the meeting to propose such nomination and (iv) a statement as to whether the Member intends or is part of a group that intends (x) to deliver a proxy statement and/or form of proxy to holders of at least the percentage of the |
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| Companys outstanding share capital required to approve or elect the nominee for appointment and/or (y) otherwise to solicit proxies from Members in support of such nomination. The Board may require any proposed nominee to furnish such other information as it may reasonably require to determine the eligibility of such proposed nominee to serve as a director of the Company, including such evidence satisfactory to the Board that such nominee has no interests that would limit such nominees ability to fulfil his duties as a director. |
| 75 | For nominations of persons for appointment to the Board (other than directors to be nominated by any series of Preference Shares, voting separately as a class) to be properly brought before a general meeting other than an annual general meeting by a Member, such Member must have given timely notice thereof in writing to the Secretary. To be timely, a Members notice shall be delivered to the Secretary at the registered office of the Company or such other address as the Secretary may designate, not earlier than the 120th day prior to such general meeting and not later than the 90th day prior to such general meeting or the 10th day following the day on which public announcement is first made of the date of the general meeting and of the nominees proposed by the Board to be appointed at such meeting. Such Members notice shall set forth the same information as is required by provisions (a) and (b) of the above Article. |
| 76 | Unless otherwise provided by the terms of any series of Preference Shares or any agreement among Members or other agreement approved by the Board, only persons who are nominated in accordance with the procedures set forth above shall be eligible to serve as directors of the Company. If the Chairman of a general meeting determines that a proposed nomination was not made in compliance with such Articles, he shall declare to the meeting that nomination is defective and such defective nomination shall be disregarded. Notwithstanding the foregoing provisions of these Articles, if the Member (or a qualified representative of the Member) does not appear at the general meeting to present his nomination, such nomination shall be disregarded. |
VOTES OF MEMBERS
| 77 | Subject to any rights or restrictions for the time being attached to any class or classes of Shares, every Member of record present in person or by proxy shall have one vote for each Share registered in his name in the Register of Members. |
| 78 | In the case of joint holders of record the vote of the senior holder who tenders a vote, whether in person or by proxy, shall be accepted to the exclusion of the votes of the other joint holders, and for this purpose seniority shall be determined by the order in which the names stand in the Register of Members. |
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| 79 | A Member of unsound mind, or in respect of whom an order has been made by any court, having jurisdiction in lunacy, may vote by his committee, receiver, curator bonis, or other person in the nature of a committee, receiver or curator bonis appointed by that court, and any such committee, receiver, curator bonis or other persons may vote by proxy. |
| 80 | No Member shall be entitled to vote at any general meeting unless he is registered as a Member on the record date for such meeting. |
| 81 | No objection shall be raised to the qualification of any voter except at the general meeting or adjourned general meeting at which the vote objected to is given or tendered and every vote not disallowed at such general meeting shall be valid for all purposes. Any such objection made in due time shall be referred to the Chairman of the general meeting whose decision shall be final and conclusive. |
| 82 | Votes may be given either personally or by proxy. A Member may appoint more than one proxy or the same proxy under one or more instruments to attend and vote at a meeting and may appoint one proxy to vote both in favour of and against the same resolution in such proportion as specified in the instrument appointing the proxy. Where a Member appoints more than one proxy the instrument of proxy shall state which proxy is entitled to vote on a show of hands. |
PROXIES
| 83 | The rules and procedures relating to the form or a proxy, the depositing or filing of proxies and voting pursuant to a proxy and any other matter incidental thereto shall be approved by the Board, subject to such rules and procedures as required by applicable law or the relevant code, rules and regulations applicable to the listing of the Shares on the Exchange and as provided in the following Articles under this heading of PROXIES . |
| 84 | The instrument appointing a proxy shall be in writing and shall be executed under the hand of the appointor or of his attorney duly authorised in writing, or, if the appointor is a corporation under the hand of an officer or attorney duly authorised in that behalf provided however, that a Member may also authorise the casting of a vote by proxy pursuant to telephonic or electronically transmitted instructions (including, without limitation, instructions transmitted over the internet) obtained pursuant to procedures approved by the Board which are reasonably designed to verify that such instructions have been authorised by such Member. A proxy need not be a Member of the Company. |
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| 85 | The instrument appointing a proxy may be in any usual or common form and may be expressed to be for a particular meeting or any adjournment thereof or generally until revoked. An instrument appointing a proxy shall be deemed to include the power to demand or join or concur in demanding a poll. |
CORPORATE MEMBERS
| 86 | Any corporation or other non-natural person which is a Member may in accordance with its constitutional documents, or in the absence of such provision by resolution of its directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of the Company or of any class of Members, and the person so authorised shall be entitled to exercise the same powers on behalf of the corporation which he represents as the corporation could exercise if it were an individual Member. |
SHARES THAT MAY NOT BE VOTED
| 87 | Shares in the Company that are beneficially owned by the Company shall not be voted, directly or indirectly, at any meeting and shall not be counted in determining the total number of outstanding Shares at any given time. |
DIRECTORS
| 88 | There shall be a Board consisting of not less than one or more than fifteen persons provided however that the Board may from time to time increase or reduce the upper and lower limits on the number of Directors and provided that so long as Shares of the Company are listed on an Exchange, the Board shall include such number of Independent Directors as the relevant code, rules or regulations applicable to the listing of any Shares on the Exchange require. |
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CLASSIFICATION AND APPOINTMENT OF DIRECTORS
| 89 | The Directors, other than those who may be appointed by the holders of shares of any class or series of shares having a preference over the Common Shares as to Dividends or upon liquidation pursuant to the terms of any resolution or resolutions providing for the issuance of such shares adopted by the Board, shall be classified, with respect to the time for which they severally hold office, into classes as follows: (i) the Directors appointed and classified into a class of Directors prior to the annual general meeting held in 2013 shall remain appointed and classified in such class, with each class to hold office upon the terms of their original appointment until its successors are appointed and qualified in accordance with the immediately following provisions; (ii) three (3) Directors shall be appointed at the annual general meeting held in 2013 for a term expiring at the annual general meeting to be held in 2016 and two (2) Directors shall be appointed at the annual general meeting held in 2013 for a term expiring at the annual general meeting to be held in 2015, another class of four (4) Directors shall be appointed at the annual general meeting to be held in 2014 for a term expiring at the annual general meeting to be held in 2016, and another class of four (4) Directors shall be appointed at the annual general meeting to held in 2015 for a term expiring at the annual general meeting to be held in 2016; and (iii) notwithstanding any other provision of the Articles or any term of a prior appointment to the contrary, the term of office of all Directors (regardless of the appointment date or class of any Director) shall expire at the annual general meeting to held in 2016, and from the annual general meeting to held in 2016 onwards, the Directors shall no longer be classified into classes and all Directors shall be appointed for a term of office of one year, commencing at the annual general meeting at which such Director is appointed and expiring at the annual general meeting held in the immediately following calendar year, and a Director whose term expires at such an annual general meeting shall be entitled to be re-nominated as a Director in accordance with the provisions of the Articles under the heading NOMINATION OF DIRECTORS . Only for so long as the Directors are classified in classes in accordance with this Article, any newly created directorships resulting from any increase in the number of Directors shall be allocated to the classes of Directors described in the immediately preceding sentence in such manner so as to maintain, as nearly as possible, the equality in number of the Directors in each class. Only for so long as the Directors are classified in classes in accordance of this Article, in the event that more than one vacant directorship exists and a director is appointed to fill a vacancy, any such vacant directorships shall be titled in such order so as to maintain, as nearly as possible, the equality in number of the Directors in each class. No decrease in the number of Directors constituting the Board of Directors shall shorten the terms of any incumbent Director. |
| 90 | INTENTIONALLY OMITTED |
| 91 |
In any vote of Members to appoint Directors, each person nominated for appointment as a Director in an uncontested election shall be appointed if the number of votes cast for the persons appointment exceeds the number of votes cast against the persons appointment. In all |
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| votes to appoint Directors other than uncontested elections, the persons receiving the largest number of votes cast for appointment, up to the number of Directors to be appointed in such vote, shall be deemed appointed. For purposes of this Article 91, an uncontested election means any meeting of Members at which, as of the date that is ten (10) days in advance of the date the Company files its definitive proxy statement with respect to such meeting (regardless of whether or not thereafter revised or supplemented) with the Securities and Exchange Commission, the number of persons nominated for appointment does not exceed the number of Directors to be appointed. |
| 92 | Subject to the rights of the holders of any class or series of shares having a preference over the Common Shares as to dividends or upon liquidation, nominations for the appointment of Directors may be made in accordance with the provisions of the Articles under the heading NOMINATION OF DIRECTORS . |
| 93 | Subject to the rights of the holders of any class or series of shares having a preference over the Common Shares as to Dividends or upon liquidation, newly created directorships resulting from any increase in the number of Directors may be filled by the Board, or if not so filled, by the Members at the next annual general meeting or extraordinary general meeting called for the purpose of appointing such Director, and any vacancies on the Board resulting from death, resignation, removal or other cause as specified in the Articles under the heading VACATION OF OFFICE OF DIRECTORS shall be filled only by the affirmative vote of a majority of the remaining Directors then in office, even though less than quorum of the Board, or by a sole remaining Director, or if not so filled, by the Members at the next annual general meeting or extraordinary general meeting called for the purpose of appointing such Director. Only for so long as the Directors are classified in classes in accordance with Article 89, any Director appointed in accordance with the preceding sentence of this Article shall hold office for the remainder of the full term of the class of Directors in which the new directorship was created or the vacancy occurred and until such Directors successor shall have been appointed and qualified. Only for so long as the Directors are classified in classes in accordance with Article 89, in the event that more than one vacant directorship exists and a director is appointed to fill a vacancy, any such vacant directorships shall be filled in such order so as to maintain, as nearly as possible, the equality in number of the Directors in each class. |
REMOVAL OF DIRECTORS
| 94 | The Company may by Ordinary Resolution remove any Director. |
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VACATION OF OFFICE OF DIRECTOR
| 95 | The office of a Director shall be vacated: |
| 95.1 | if he gives notice in writing to the Company that he resigns the office of Director; |
| 95.2 | if he absents himself (without being represented by proxy appointed by him) from three consecutive meetings of the Board of Directors without special leave of absence from the Directors, and they pass a resolution that he has by reason of such absence vacated office; |
| 95.3 | if he dies, becomes bankrupt or makes any arrangement or composition with his creditors generally; |
| 95.4 | if he is found a lunatic or becomes of unsound mind; and |
| 95.5 | on his being prohibited by any applicable law, or the relevant code, rules and regulations applicable to the listing of the Shares on the Exchange, from being a Director. |
REMUNERATION OF DIRECTORS
| 96 | The remuneration to be paid to the Directors shall be such remuneration as the Directors shall determine. Such remuneration shall be deemed to accrue from day to day. The Directors shall also be entitled to be paid their traveling, hotel and other expenses properly incurred by them in going to, attending and returning from meetings of the Board, or any committee of the Directors, or general meetings of the Company, or otherwise in connection with the business of the Company, or to receive a fixed allowance in respect thereof as may be determined by the Board from time to time, or a combination partly of one such method and partly the other. |
| 97 | The Board may approve additional remuneration to any Director undertaking any special work or services for, or undertaking any special mission on behalf of, the Company other than his ordinary routine work as a Director. Any fees paid to a Director who is also counsel or solicitor to the Company, or otherwise serves it in a professional capacity shall be in addition to his remuneration as a Director. |
| 98 | The Board may approve additional remuneration to any Director for any services other than his ordinary routine work as a Director. Any fees paid to a Director who is also legal counsel to the Company, or otherwise serves it in a professional capacity shall be in addition to his remuneration as a Director. |
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NO MINIMUM SHAREHOLDING
| 99 | No shareholding qualification is required to be held by a Director. |
DIRECTORS INTERESTS
| 100 | A Director may hold any other office or place of profit under the Company (other than the office of Auditor) in conjunction with his office of Director for such period and on such terms as to remuneration and otherwise as the Board may determine. |
| 101 | A Director may act by himself or his firm in a professional capacity for the Company and he or his firm shall be entitled to remuneration for professional services as if he were not a Director. |
| 102 | A Director of the Company may be or become a director, managing director, joint managing director, deputy managing director, executive director, manager or other officer or member of any other company or otherwise interested in any company promoted by the Company or in which the Company may be interested as shareholder or otherwise, and no such Director shall be accountable to the Company for any remuneration or other benefits received by him as a director, managing director, joint managing director, deputy managing director, executive director, manager or other officer or member of such other company. |
| 103 | No person shall be disqualified from the office of Director or prevented by such office from contracting with the Company, either as vendor, purchaser or otherwise, nor shall any such contract or any contract or transaction entered into by or on behalf of the Company in which any Director shall be in any way interested be or be liable to be avoided, nor shall any Director so contracting or being so interested be liable to account to the Company for any profit realised by any such contract or transaction by reason of such Director holding office or of the fiduciary relation thereby established. A Director shall be at liberty to vote in respect of any contract or transaction in which he is interested provided that the nature of the interest of any Director in any such contract or transaction shall be disclosed by him at or prior to its consideration and any vote thereon. |
| 104 | A general notice that a Director is a shareholder, director, officer or employee of any specified firm or company and is to be regarded as interested in any transaction with such firm or company shall be sufficient disclosure for the purposes of voting on a resolution in respect of a contract or transaction in which he has an interest, and after such general notice it shall not be necessary to give special notice relating to any particular transaction. |
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POWERS AND DUTIES OF DIRECTORS
| 105 | Subject to the provisions of the Statute, the Memorandum and the Articles and to any directions given by Special Resolution, the business of the Company shall be managed by the Board which may exercise all the powers of the Company. No alteration of the Memorandum or Articles and no such direction shall invalidate any prior act of the Directors which would have been valid if that alteration had not been made or that direction had not been given. A duly convened meeting of the Board at which a quorum is present may exercise all powers exercisable by the Board |
| 106 | All cheques, promissory notes, drafts, bills of exchange and other negotiable instruments and all receipts for monies paid to the Company shall be signed, drawn, accepted, endorsed or otherwise executed as the case may be in such manner as the Directors shall determine by resolution. |
| 107 | The Board on behalf of the Company may pay a gratuity or pension or allowance on retirement to any Director who has held any other salaried office or place of profit with the Company or to his widow or dependants and may make contributions to any fund and pay premiums for the purchase or provision of any such gratuity, pension or allowance. |
| 108 | The Board may exercise all the powers of the Company to borrow money and to mortgage or charge its undertaking, property and uncalled capital or any part thereof and to issue debentures, debenture stock, mortgages, bonds and other such securities whether outright or as security for any debt, liability or obligation of the Company or of any third party. |
RESTRICTIONS ON THE COMPANY ENGAGING IN BUSINESS COMBINATIONS
| 109 | The Company shall not engage in any Business Combination with any Interested Member for a period of three (3) years following the date that such Member became an Interested Member, unless: |
| 109.1 | prior to such date the Board of Directors approved either the Business Combination or the transaction which resulted in the Member becoming an Interested Member, or |
| 109.2 | upon consummation of the transaction which resulted in the Member becoming an Interested Member, the Interested Member owned at least Eighty Five (85) percent of the Voting Shares of the Company outstanding at the time the transaction commenced, excluding for purposes of determining the number of Voting Shares outstanding (but not the outstanding Voting Shares owned by the Interested Member) those shares owned (i) by persons who are directors and also officers and (ii) employee share plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered in a tender or exchange offer; or |
| 109.3 | on or subsequent to such date the Business Combination is approved by the Board of Directors and authorised at a general meeting of Members, and not by written consent, by the affirmative vote of at least Sixty Six and two thirds (66 2/3) percent. of the outstanding Voting Shares which are not owned by the Interested Member. |
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| 110 | The restrictions contained in the above Article shall not apply if: |
| 110.1 | a Member becomes an Interested Member inadvertently and (i) as soon as practicable divests itself of ownership of sufficient shares so that the Member ceases to be an Interested Member and (ii) would not, at any time within the three (3) year period immediately prior to a Business Combination between the Company and such Member, have been an Interested Member but for the inadvertent acquisition of ownership; or |
| 110.2 | the Business Combination is proposed prior to the consummation or abandonment of and subsequent to the earlier of the public announcement or the notice required hereunder of a proposed transaction which (i) constitutes one of the transactions described in the second sentence of this sub-paragraph; (ii) is with or by a person who either was not an Interested Member during the previous three (3) years or who became an Interested Member with the approval of the Board; and (iii) is approved or not opposed by a majority of the members of the Board then in office (but not less than 1) who were Directors prior to any person becoming an Interested Member during the previous 3 years or were recommended for appointment or appointed to succeed such Directors by a majority of such Directors. The proposed transactions referred to in the preceding sentence are limited to a (A) a merger or consolidation of the Company (except for a merger in respect of which, pursuant to Section 251(f) of the General Corporation Law of the State of Delaware, U.S., no vote of the Members would be required if the Company were incorporated under the law of such State); (B) a sale, lease, exchange, mortgage, pledge, transfer or other disposition (in one transaction or a series of transactions) whether as part of a dissolution or otherwise of assets of the Company or of any direct or indirect majority-owned subsidiary of the Company (other than to any direct or indirect wholly-owned subsidiary or to the Company) having an aggregate market value equal to fifty (50) percent. or more of either that aggregate market value of all of the assets of the Company determined on a consolidated basis or the aggregate market value of all the outstanding shares of the Company; or (C) a proposed tender or exchange offer for fifty (50) percent. or more of the outstanding Voting Shares of the Company. The Company shall give not less than 20 days notice to all Interested Members prior to the consummation of any of the transactions described in clauses (A) or (B) of the second sentence of this sub-paragraph. |
| 110.3 | As used in the Articles under the above heading RESTRICTIONS ON THE COMPANY ENGAGING IN BUSINESS COMBINATIONS , the term: |
| 110.3.1 | affiliate means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, another person. |
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| 110.3.2 | associate when used to indicate a relationship with any person means (A) any corporation, partnership, unincorporated association or other entity of which such person is a director, officer or partner or is, directly or indirectly, the owner of twenty (20) percent. or more of any class of Voting Shares, (B) any trust or other estate in which such person has at least a twenty (20) percent. beneficial interest or as to which such person serves as trustee or in a similar fiduciary capacity, and (C) any relative or spouse of such person, or any relative of such spouse, who has the same residence as such person. |
| 110.3.3 | Business Combination , when used in reference to the Company and any Interested Member of the Company, means: |
| (a) | any merger or consolidation of the Company or any direct or indirect majority-owned subsidiary of the Company with (I) the Interested Member, or (II) with any other corporation, partnership, unincorporated association or other entity if the merger or consolidation is caused by the Interested Member and as a result of such merger or consolidation the prohibition in the immediately preceding Article is not applicable to the surviving entity; |
| (b) | any sale, lease, exchange, mortgage, pledge, transfer or other disposition (in one transaction or a series of transactions), except proportionately as a Member of the Company, to or with the Interested Member, whether as part of a dissolution or otherwise, of assets of the Company or of any direct or indirect majority-owned subsidiary of the Company which assets have an aggregate market value equal to ten (10) percent or more of either the aggregate market value of all the assets of the Company determined on a consolidated basis or the aggregate market value of all the outstanding shares of the Company; |
| (c) |
any transaction which results in the issuance or transfer by the Company or by any direct or indirect majority-owned subsidiary of the Company of any shares of the Company or of such subsidiary to the Interested Member, except (I) pursuant to the exercise, exchange or conversion of securities exercisable for, exchangeable for or convertible into shares of the Company or any such subsidiary which securities were outstanding prior to the time that the Interested Member became such, (II) pursuant to a merger which could be |
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| accomplished under Section 251(g) of the General Corporation Law of the State of Delaware, U.S. if the Company were incorporated under the laws of such State, (III) pursuant to a dividend or distribution paid or made, or the exercise, exchange or conversion of securities exercisable for, exchangeable for or convertible into shares of such Company or any such subsidiary which security is distributed, pro rata to all holders of a class or series of shares of such Company subsequent to the time the Interested Shares became such, (IV) pursuant to an exchange offer by the Company to purchase made on the same terms to all holders of said shares, or (V) any issuance or transfer of shares by the Company, provided however, that in no case under (III)-(V) above shall there be an increase in the Interested Members proportionate share of the shares of any class or series of the Company or of the Voting Shares of the Company; |
| (d) | any transaction involving the Company or any direct or indirect majority-owned subsidiary of the Company which has the effect, directly or indirectly, of increasing the proportionate share of the shares of any class or series, or securities convertible into the shares of any class or series, of the Company or of any such subsidiary which is owned by the Interested Member, except as a result of immaterial changes due to fractional share adjustments or as a result of any purchase or redemption of any shares not caused, directly or indirectly, by the Interested Member; or |
| (e) | any receipt by the Interested Member of the benefit, directly or indirectly (except proportionately as a Member of the Company) of any loans, advances, guarantees, pledges or other financial benefits (other than those expressly permitted in subparagraphs (a)-(d) above) provided by or through the Company or any direct or indirect majority owned subsidiary. |
| 110.3.4 | control , including the term controlling, controlled by and under common control with, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and polices of a person whether through the ownership of Voting Shares, by contract or otherwise. A person who is the owner of twenty (20) percent. or more of the outstanding Voting Shares of any corporation, partnership, unincorporated association or other entity shall be presumed to have control of such entity in the absence of proof by a preponderance of the evidence to the contrary. Notwithstanding the foregoing, a presumption of control shall not apply where such person holds Voting Shares, in good faith and not for the purpose of circumventing this Article, as an agent, bank, broker, nominee, custodian or trustee for one or more owners who do not individually or as a group have control of such entity. |
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| 110.3.5 | Interested Member means any person (other than the Company and any direct or indirect majority-owned subsidiary of the Company) that |
| (a) | is the owner of fifteen (15) percent. or more of the outstanding Voting Shares of the Company, or |
| (b) | is an affiliate or associate of the Company and was the owner of fifteen (15) percent. or more of the outstanding Voting Shares of the Company at any time within the 3 year period immediately prior to the date on which it is sought to be determined whether such person is an Interested Member, |
and the affiliates and associates of such person; provided, however, that the term Interested Member shall not include any person whose ownership of shares in excess of the fifteen (15) percent. limitation set forth herein is the result of action taken solely by the Company provided that such person shall be an Interested Member if thereafter such person acquires additional Voting Shares of the Company, except as a result of further corporate action not caused, directly or indirectly, by such person. For the purpose of determining whether a person is an Interested Member, the Voting Shares of the Company deemed to be outstanding shall include shares deemed to be owned by the person through application of the definition of beneficial owner set out below under this Article but shall not include any other unissued shares of the Company which may be issuable pursuant to any agreement, arrangement or understanding, or upon exercise of conversion rights, warrants or options, or otherwise.
| 110.3.6 | person means any individual, corporation, partnership, unincorporated association or other entity. |
| 110.3.7 | Voting Shares means with respect to any company or corporation, shares of any class or series entitled to vote generally in the appointment of directors and, with respect to any entity that is not a company or corporation, any equity interest entitled to vote generally in the appointment of the governing body of such entity. Every reference to a percentage of Voting Shares shall refer to such percentage of the votes of such Voting Shares. |
| 110.3.8 | owner including the terms own and owned when used with respect to any shares means a person that individually or with or through any of its affiliates or associates: |
| (a) | beneficially owns such shares directly or indirectly; or |
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| (b) | has (I) the right to acquire such shares (whether such right is exercisable immediately or only after the passage of time) pursuant to any agreement, arrangement or understanding or upon the exercise of conversion rights, exchange rights, warrants or options, or otherwise; provided, however, that a person shall not be deemed the owner of shares tendered pursuant to a tender or exchange offer made by such person or any of such persons affiliates or associates until such tendered stock is accepted for purchase or exchange; or (II) the right to vote such shares pursuant to any agreement, arrangement or understanding; provided, however, that a person shall not be deemed the owner of any shares because of such persons right to vote such shares if the agreement, arrangement or understanding to vote such shares arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made to 10 or more persons; or |
| (c) | has any agreement, arrangement or understanding for the purpose of acquiring, holding, voting (except voting pursuant to a revocable proxy or consent as described in item (II) of clause (b) of this definition, or disposing of such shares with any other person that beneficially owns, or whose affiliates or associates beneficially own, directly or indirectly, such shares. |
| 111 | In addition to any approval of Members required pursuant to the terms of any class or series of shares other than Common Shares, the approval of the holders of a majority of the issued shares generally entitled to vote at a meeting called for such purpose, following approval by the Board, shall be required in order for the Company to sell, lease, or exchange all or substantially all of its property and assets (as that phrase is interpreted for the purposes of Section 271 of the General Corporation Law of the State of Delaware, U.S., as amended or re-enacted from time to time), provided that the foregoing approval by Members shall not be required in the case of any transaction between the Company and any entity the Company directly or indirectly controls (as that phrase is defined in Rule 405 under the United States Securities Act of 1933, as amended or re-enacted from time to time). |
MINUTES
| 112 | The Board shall cause minutes to be made in books kept for the purpose of all appointments of officers made by the Board, all proceedings at meetings of the Company or the holders of any class of Shares and of the Board, and of committees of the Board including the names of the Directors present at each meeting. |
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DELEGATION OF THE BOARDS POWERS
| 113 | The Board may delegate any of its powers (with power to sub-delegate) to any committee consisting of one or more Directors. The Board may also delegate to any Director such of their powers as they consider desirable to be exercised by him. Any such delegation may be made subject to any conditions the Board may impose, and either collaterally with or to the exclusion of their own powers and may be revoked or altered. Subject to any such conditions, the proceedings of a committee of the Board shall be governed by the Articles regulating the proceedings of Directors, so far as they are capable of applying. |
| 114 | The Board may by power of attorney or otherwise appoint any person to be the agent of the Company on such conditions as the Board may determine, provided that the delegation is not to the exclusion of their own powers and may be revoked by the Board at any time. |
| 115 | The Board may by power of attorney or otherwise appoint any company, firm, person or body of persons, whether nominated directly or indirectly by the Board, to be the attorney or authorised signatory of the Company for such purpose and with such powers, authorities and discretions (not exceeding those vested in or exercisable by the Directors under these Articles) and for such period and subject to such conditions as they may think fit, and any such powers of attorney or other appointment may contain such provisions for the protection and convenience of persons dealing with any such attorneys or authorised signatories as the Board may think fit and may also authorise any such attorney or authorised signatory to delegate all or any of the powers, authorities and discretions vested in him. |
EXECUTIVE OFFICERS
| 116 | The Board may from time to time appoint one or more Chairman of the Board, President, Chief Executive Officer, Chief Financial Officer and such other officers as it considers necessary in the management of the business of the Company and as it may decide for such period and upon such terms as it thinks fit and upon such terms as to remuneration as it may decide in accordance with these Articles. Such officers need not also be a Director. |
| 117 | Every Director appointed to an office under the above Article hereof shall, without prejudice to any claim for damages that such Director may have against the Company or the Company may have against such Director for any breach of any contract of service between him and the Company, be liable to be dismissed or removed from such executive office by the Board. A Director appointed to an office under the above Article shall ipso facto and immediately cease to hold such executive office if he shall cease to hold the office of Director for any cause. |
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PROCEEDINGS OF DIRECTORS
| 118 | Except as otherwise provided by these Articles, the Directors shall meet together for the despatch of business, convening, adjourning and otherwise regulating their meetings and procedures as they think fit. Questions arising at any meeting shall be decided by a majority of votes of the Directors present at a meeting at which there is a quorum. In case of an equality of votes, the Chairman shall have a second or casting vote. |
| 119 | Regular meetings of the Board may be held at such times and places as may be provided for in resolutions adopted by the Board. No additional notice of a regularly scheduled meeting of the Board shall be required |
| 120 | A Director may, and the Secretary on the requisition of a Director shall, at any time summon a meeting of the Directors by at least two days notice in writing to every Director which notice shall set forth the general nature of the business to be considered unless notice is waived by all the Directors (or their alternates) either at, before or after the meeting is held and provided further if notice is given in person, by telephone, cable, telex, telecopy or email the same shall be deemed to have been given on the day it is delivered to the Directors or transmitting organisation as the case may be. The accidental omission to give notice of a meeting of the Directors to, or the non-receipt of notice of a meeting by any person entitled to receive notice shall not invalidate the proceedings of that meeting. |
| 121 | The quorum necessary for the transaction of the business of the Board may be fixed by the Board and unless so fixed shall be a majority of Directors in office. In no event shall the Board fix a quorum that is less than one-third (1/3) of the total number of Directors, provided always that if there shall at any time be only a sole Director the quorum shall be one. |
| 122 | The continuing Directors may act notwithstanding any vacancy in their body, but if and so long as their number is reduced below the number fixed by or pursuant to these Articles as the necessary quorum of Directors the continuing Directors or Director may act for the purpose of increasing the number of Directors to that number, or of summoning a general meeting of the Company, but for no other purpose. |
| 123 | The Directors may elect a chairman of their Board and determine the period for which he is to hold office; but if no such chairman is elected, or if at any meeting the Chairman is not present within five (5) minutes after the time appointed for holding the same, the Directors present may choose one of their number to be chairman of the meeting. |
| 124 | All acts done by any meeting of the Directors or of a committee of Directors shall, notwithstanding that it be afterwards discovered that there was some defect in the appointment of any Director or that they or any of them were disqualified, be as valid as if every such person had been duly appointed and qualified to be a Director as the case may be. |
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| 125 | Members of the Board or of any committee thereof may participate in a meeting of the Board or of such committee by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other and participation in a meeting pursuant to this provision shall constitute presence in person at such meeting. Unless otherwise determined by the Directors the meeting shall be deemed to be held at the place where the chairman is at the start of the meeting. |
| 126 | A resolution in writing (in one or more counterparts), signed by all the Directors for the time being or all the members of a committee of Directors shall be as valid and effectual as if it had been passed at a meeting of the Directors or committee as the case may be duly convened and held. |
| 127 | A Director may be represented at any meetings of the board of Directors by a proxy appointed in writing by him. The proxy shall count towards the quorum and the vote of the proxy shall for all purposes be deemed to be that of the appointing Director. |
PRESUMPTION OF ASSENT
| 128 | A Director of the Company who is present at a meeting of the Board of Directors at which action on any Company matter is taken shall be presumed to have assented to the action taken unless his dissent shall be entered in the Minutes of the meeting or unless he shall file his written dissent from such action with the person acting as the Secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to such person immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favour of such action. |
SEAL
| 129 | The Company may, if the Board so determines, have a Seal which shall only be used by the authority of the Board or of a committee of the Board authorised by the Board in that behalf and every instrument to which the Seal has been affixed shall be signed by one person who shall be either a Director or the Secretary or Secretary-Treasurer or some person appointed by the Directors for the purpose. |
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| 130 | The Company may have for use in any place or places outside the Cayman Islands a duplicate Seal or Seals each of which shall be a facsimile of the Common Seal of the Company and, if the Board so determines, with the addition on its face of the name of every place where it is to be used. |
| 131 | A Director, Secretary or other officer or representative or attorney may without further authority of the Directors affix the Seal of the Company over his signature alone to any document of the Company required to be authenticated by him under Seal or to be filed with the Registrar of Companies in the Cayman Islands or elsewhere wheresoever. |
DIVIDENDS, DISTRIBUTIONS AND RESERVE
| 132 | Subject to the Statute and these Articles, the Board may from time to time declare dividends (including interim dividends) and distributions on Shares of the Company outstanding and authorise payment of the same out of the funds of the Company lawfully available therefor. |
| 133 | The Board may, before declaring any dividends or distributions, set aside such sums as they think proper as a reserve or reserves which shall at the discretion of the Directors, be applicable for any purpose of the Company and pending such application may, at the like discretion, be employed in the business of the Company. |
| 134 | No dividend or distribution shall be payable except out of the profits of the Company, realised or unrealised, or out of the share premium account or as otherwise permitted by the Statute. |
| 135 | Subject to the rights of persons, if any, entitled to Shares with special rights as to dividends or distributions, if dividends or distributions are to be declared on a class of Shares they shall be declared and paid according to the amounts paid or credited as paid on the Shares of such class outstanding on the record date for such dividend or distribution as determined in accordance with these Articles. |
| 136 | The Board may declare that any dividend or distribution be paid wholly or partly by the distribution of specific assets and in particular of paid up Shares, debentures, or debenture stock of any other company or in any one or more of such ways and where any difficulty arises in regard to such distribution, the Board may settle the same as they think expedient and in particular may issue fractional certificates and fix the value for distribution of such specific assets or any part thereof and may determine that cash payments shall be made to any Members upon the footing of the value so fixed in order to adjust the rights of all Members and may vest any such specific assets in trustees as may seem expedient to the Board. |
| 137 |
Any dividend, distribution, interest or other monies payable in cash in respect of Shares may be paid by cheque or warrant sent through the post or sent by any electronic or other means of |
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| payment, directed to the registered address of the holder or, in the case of joint holders, to the holder who is first named on the Register of Members or to such person and to such address as such holder or joint holders may in writing direct. Every such cheque or warrant or electronic or other payment shall be made payable to the order of the person to whom it is sent. Any one of two or more joint holders may give effectual receipts for any dividends, bonuses, or other monies payable in respect of the Share held by them as joint holders. |
| 138 | No dividend or distribution shall bear interest against the Company. |
| 139 | Any dividend which cannot be paid to a Member and/or which remains unclaimed after six months from the date of declaration of such dividend may, in the discretion of the Directors, be paid into a separate account in the Companys name, provided that the Company shall not be constituted as a trustee in respect of that account and the dividend shall remain as a debt due to the Member. Any dividend which remains unclaimed after a period of six years from the date of declaration of such dividend shall be forfeited and shall revert to the Company. |
CAPITALISATION
| 140 | The Company may upon the recommendation of the Board by Ordinary Resolution authorise the Board to capitalise any sum standing to the credit of any of the Companys reserve accounts (including Share premium account and capital redemption reserve fund) or any sum standing to the credit of profit and loss account or otherwise available for distribution and to appropriate such sum to Members in the proportions in which such sum would have been divisible amongst them had the same been a distribution of profits by way of dividend and to apply such sum on their behalf in paying up in full unissued Shares for allotment and distribution credited as fully paid up to and amongst them in the proportion aforesaid. In such event the Board shall do all acts and things required to give effect to such capitalisation, with full power to the Board to make such provisions as they think fit for the case of Shares becoming distributable in fractions (including provisions whereby the benefit of fractional entitlements accrue to the Company rather than to the Members concerned). The Board may authorise any person to enter on behalf of all of the Members interested into an agreement with the Company providing for such capitalisation and matters incidental thereto and any agreement made under such authority shall be effective and binding on all concerned. |
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BOOKS OF ACCOUNT
| 141 | The Board shall cause proper books of account to be kept with respect to all sums of money received and expended by the Company and the matters in respect of which the receipt or expenditure takes place, all sales and purchases of goods by the Company and the assets and liabilities of the Company. Proper books shall not be deemed to be kept if there are not kept such books of account as are necessary to give a true and fair view of the state of the Companys affairs and to explain its transactions. |
| 142 | The Board shall from time to time determine whether and to what extent and at what times and places and under what conditions or regulations the accounts and books of the Company or any of them shall be open to the inspection of Members not being Directors and no Member (not being a Director) shall have any right of inspecting any account or book or document of the Company except as conferred by Statute or authorised by the Board or by the Company in general meeting. |
| 143 | The Board may from time to time cause to be prepared and to be laid before the Company in general meeting profit and loss accounts, balance sheets, group accounts (if any) and such other reports and accounts as may be required by law. |
AUDIT
| 144 | The appointment of and provisions relating to Auditors shall be in accordance with applicable law and the relevant code, rules and regulations applicable to the listing of the Shares on the Exchange. |
| 145 | In the event that no such code, rules and regulations referred to in the above Article apply, the appointment of and provisions relating to Auditors shall in accordance with the following provisions: |
| 145.1 | The Board may appoint an Auditor who shall hold office until removed from office by a resolution of the Directors, and may fix his or their remuneration. |
| 145.2 | Every Auditor shall have a right of access at all times to the books and accounts and vouchers of the Company and shall be entitled to require from the Directors and officers of the Company such information and explanation as may be necessary for the performance of the duties of the Auditor. |
| 145.3 | Auditors shall, if so required by the Directors, make a report on the accounts of the Company during their tenure of office at the next annual general meeting following their appointment and at any other time during their term of office, upon request of the Directors or any general meeting of the Members. |
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NOTICES
| 146 | Notices shall be in writing and shall be given by the Company in accordance with applicable law and the relevant code, rules and regulations applicable to the listing of the Shares on the Exchange. |
| 147 | In the event that no such code, rules and regulations referred to in the above Article applies, notice shall be given in accordance with the following provisions: |
| 147.1 | notices to any Member shall be given either personally or by sending it by post, cable, telex, fax or e-mail to him or to his address as shown in the Register of Members (or where the notice is given by e-mail by sending it to the e-mail address provided by such Member). Any notice, if posted from one country to another, is to be sent airmail; |
| 147.2 | where a notice is sent by courier, service of the notice shall be deemed to be effected by delivery of the notice to a courier company, and shall be deemed to have been received on the third day (not including Saturdays or Sundays or public holidays) following the day on which the notice was delivered to the courier. Where a notice is sent by post, service of the notice shall be deemed to be effected by properly addressing, pre-paying and posting a letter containing the notice, and shall be deemed to have been received on the fifth day (not including Saturdays or Sundays or public holidays) following the day on which the notice was posted. Where a notice is sent by cable, telex or fax, service of the notice shall be deemed to be effected by properly addressing and sending such notice and shall be deemed to have been received on the same day that it was transmitted. Where a notice is given by e-mail service shall be deemed to be effected by transmitting the e-mail to the e-mail address provided by the intended recipient and shall be deemed to have been received on the same day that it was sent, and it shall not be necessary for the receipt of the e-mail to be acknowledged by the recipient; |
| 147.3 | a notice may be given by the Company to the person or persons which the Company has been advised are entitled to a Share or Shares in consequence of the death or bankruptcy of a Member in the same manner as other notices which are required to be given under these Articles and shall be addressed to them by name, or by the title of representatives of the deceased, or trustee of the bankrupt, or by any like description at the address supplied for that purpose by the persons claiming to be so entitled, or at the option of the Company by giving the notice in any manner in which the same might have been given if the death or bankruptcy had not occurred; |
| 147.4 | notice of every general meeting shall be given in any manner hereinbefore authorised to every person shown as a Member in the Register of Members on the record date for such meeting except that in the case of joint holders the notice shall be sufficient if given to the joint holder first named in the Register of Members and every person upon whom the ownership of a Share devolves by reason of his being a legal personal representative or a trustee in bankruptcy of a Member of record where the Member of record but for his death or bankruptcy would be entitled to receive notice of the meeting, and no other person shall be entitled to receive notices of general meetings. |
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WINDING UP
| 148 | If the Company shall be wound up the liquidator may, with the sanction of a Special Resolution of the Company and any other sanction required by the Statute, divide amongst the Members in kind the whole or any part of the assets of the Company (whether they shall consist of property of the same kind or not) and may for that purpose value any assets and determine how the division shall be carried out as between the Members or different classes of Members. The liquidator may, with the like sanction, vest the whole or any part of such assets in trustees upon such trusts for the benefit of the Members as the liquidator, with the like sanction, shall think fit, but so that no Member shall be compelled to accept any asset upon which there is a liability. |
| 149 | If the Company shall be wound up, and the assets available for distribution amongst the Members shall be insufficient to repay the whole of the share capital, such assets shall be distributed so that, as nearly as may be, the losses shall be borne by the Members in proportion to the par value of the Shares held by them. If in a winding up the assets available for distribution amongst the Members shall be more than sufficient to repay the whole of the share capital at the commencement of the winding up, the surplus shall be distributed amongst the Members in proportion to the par value of the Shares held by them at the commencement of the winding up. This Article is without prejudice to the rights of the holders of Shares issued upon special terms and conditions. |
INDEMNITY
| 150 | To the fullest extent permitted by law, no Director, officer of the Company or trustee acting in relation to any of the affairs of the Company shall be personally liable to the Company or its Members for any loss arising or liability attaching to such Director or officer by virtue of any rule of law in respect of any negligence, default, breach of duty or breach of trust of which such Director or officer may be guilty in relation to the Company; provided, however, that this shall not apply to (a) any fraud or dishonesty of such Director or officer, (b) such Directors or officers conscious, intentional or wilful breach of his obligation to act honestly, lawfully and in good faith with a view to the best interests of the Company, or (c) any claims or rights of action to recover any gain, personal profit, or other advantage to which the Director or officer is not legally entitled. Notwithstanding the preceding sentence, this section shall not extend to any matter that would render it void pursuant to the Statute or to any person holding the office of auditor in relation to the Company. |
| 151 |
To the fullest extent permitted by law, the Company shall indemnify any current or former Director, officer of the Company, or any person who is serving or has served at the request of |
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| the Company as a director or officer and any trustee acting in relation to any of the affairs of the Company and their respective heirs, executors, administrators and personal representatives (each individually, a Covered Person ), against any expenses, including attorneys fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with any threatened, pending, or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than a proceeding by, or in the name or on behalf of, the Company), to which he was, is, or is threatened to be made, a party or in which he is otherwise involved, (a proceeding) by reason of the fact that he is or was a Covered Person; provided, however, that this provision shall not indemnify any Covered Person against any liability arising out of (a) any fraud or dishonesty in the performance of such Covered Persons duty to the Company, or (b) such Covered Persons conscious, intentional or wilful breach of his obligation to act honestly, lawfully and in good faith with a view to the best interests of the Company. Notwithstanding the preceding sentence, this section shall not extend to any matter which would render it void pursuant to the Statute, applicable law or to any person holding the office of auditor in relation to the Company. |
| 152 | In the case of any threatened, pending or completed proceeding by, or in the name or on behalf of, the Company, to the fullest extent permitted by law, the Company shall indemnify each Covered Person against expenses, including attorneys fees, but excluding judgments, fines and amounts paid in settlement, actually and reasonably incurred by him in connection with the defence or settlement thereof, except that no indemnification for expenses shall be made in respect of any claim, issue or matter as to which such Covered Person shall have been finally adjudged to be liable for fraud or dishonesty in the performance of his duty to the Company, or for conscious, intentional or wilful breach of his obligation to act honestly, lawfully and in good faith with a view to the best interests of the Company, unless and only to the extent that the Grand Court in the Cayman Islands or the court in which such proceeding was brought shall determine upon application that despite the adjudication of liability, but in view of all the circumstances of the case, such Covered Person is fairly and reasonably entitled to indemnity for such expenses as the court shall deem proper. Notwithstanding the preceding sentence, this section shall not extend to any matter that would render it void pursuant to the Statute or to any person holding the office of auditor in relation to the Company. |
| 153 | To the fullest extent permitted by law, expenses, including attorneys fees, incurred by a Covered Person in defending any proceeding for which indemnification is permitted pursuant to these Articles shall be paid by the Company in advance of the final disposition of such proceeding upon receipt by the Board of an undertaking by or on behalf of such Covered Person to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the Company pursuant to these Articles. |
| 154 |
Any indemnification pursuant to these Articles (unless ordered by a court of competent jurisdiction) shall be made by the Company only as authorized in the specific case upon a |
39
| determination that indemnification of the Covered Person is proper in the circumstances because such person has met the applicable standard of conduct set forth in these Articles, as the case may be. Such determination shall be made, with respect to a Covered Person who is a Director or officer of the Company at the time of such determination, (a) by a majority vote of the Directors who are not parties to such proceeding, even though less than a quorum; (b) by a committee of such Directors designated by a majority vote of such Directors, even though less than a quorum; (c) if there are no such Directors, or if such Directors so direct, by independent legal counsel in a written opinion; or (d) by the Members by Ordinary Resolution. Such determination shall be made, with respect to any other Covered Person, by any person or persons having the authority to act on the matter on behalf of the Company. To the extent, however, that any Covered Person has been successful on the merits or otherwise in defence of any proceeding, or in defence of any claim, issue or matter therein, such Covered Person shall be indemnified against expenses (including attorneys fees) actually and reasonably incurred by such person in connection therewith, without the necessity of authorization in the specific case. Notwithstanding the any provision of these Articles relating to indemnification, the Company shall be required to indemnify or advance expenses to a Covered Person in connection a proceeding commenced by such Covered Person only if the commencement of such proceeding by such person was authorized by the Board. |
| 155 | It being the policy of the Company that indemnification of the persons specified in these Articles shall be made to the fullest extent permitted by law, the indemnification and advancement of expenses provided for by these Articles shall not be deemed exclusive (a) of any other rights to which those seeking indemnification or advancement of expenses may be entitled under these Articles, any agreement, any insurance purchased by the Company, vote of Members or disinterested Directors, or pursuant to the direction (however embodied) of any court of competent jurisdiction, or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office, or (b) of the power of the Company to indemnify any person who is or was an employee or agent of the Company or of another corporation, joint venture, trust or other enterprise which he is serving or has served at the request of the Company, to the same extent and in the same situations and subject to the same determinations as are hereinabove set forth with respect to a Covered Person. |
| 156 | The Board may, notwithstanding any interest of the Directors in such action, authorize the Company to purchase and maintain insurance on behalf of any Covered Person, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the Company would have the power to indemnify him against such liability under the provisions of these Articles. As used in these Articles relating to indemnification, references to the Company include all constituent corporations in an amalgamation, consolidation or merger or similar arrangement in which the Company or a predecessor to the Company by amalgamation, consolidation or merger or similar arrangement was involved. |
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FINANCIAL YEAR
| 157 | The financial year of the Company shall be as prescribed by the Board from time to time. |
TRANSFER BY WAY OF CONTINUATION
| 158 | If the Company is exempted as defined in the Statute, it shall, subject to the provisions of the Statute and with the approval of a Special Resolution, have the power to register by way of continuation as a body corporate under the laws of any jurisdiction outside the Cayman Islands and to be deregistered in the Cayman Islands. |
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| HERBALIFE LTD. | Exhibit 10.7 |
AMENDED AND RESTATED 2005 STOCK INCENTIVE PLAN
1. Purpose. The purpose of this Herbalife Ltd. 2005 Stock Incentive Plan (the Plan ) is to enable Herbalife Ltd. (the Company ) to attract, motivate, reward and retain its directors, officers, employees and consultants, and to further align the interests of such persons with those of the stockholders of the Company by providing for or increasing the proprietary interest of such persons in the Company.
2. Definitions. As used in the Plan, the following terms shall have the meanings set forth below:
(a) Award means a grant of an Option, a Stock Appreciation Right, Restricted Stock, a Stock Unit, a Performance Unit, or a Dividend Equivalent granted to a Participant pursuant to the provisions of the Plan.
(b) Award Agreement means a written agreement or other instrument as may be approved from time to time by the Committee evidencing the grant of each Award.
(c) Board means the Board of Directors of the Company.
(d) Change of Control means the first to occur of:
(i) an acquisition (other than directly from the Company after advance approval by a majority of the Incumbent Board) of Common Shares or other voting securities of the Company by any person (as the term person is used for purposes of Section 13(d) or 14(d) of the Exchange Act), other than the Company, any Subsidiary, any employee benefit plan of the Company or any Subsidiary, or any person in connection with a transaction described in clause (iii) of this Section 2(d), immediately after which such person has beneficial ownership (within the meaning of Rule 13d-3 promulgated under the Exchange Act) of 50% or more of the then outstanding Common Shares or the combined voting power of the Companys then outstanding voting securities;
(ii) the individuals who, as of the Effective Date, are members of the Board (the Incumbent Board ), cease for any reason during any 24-month period to constitute at least a majority of the members of the Board; provided, however, that if the election, or nomination for election by the Companys common stockholders, of any new director was approved by a vote of at least a majority of the Incumbent Board, such new director shall, for purposes of the Plan, be considered as a member of the Incumbent Board; or
(iii) the consummation of: (A) a merger, consolidation or reorganization with or into the Company, unless the voting securities of the Company, immediately before such merger, consolidation or reorganization, own directly or indirectly immediately following such merger, consolidation or reorganization, at least 50% of the combined voting power of the outstanding voting securities of the entity resulting from such merger or consolidation or reorganization in substantially the same proportion as their ownership of the voting securities immediately before such merger, consolidation or reorganization; (B) a complete liquidation or dissolution of the Company; or (C) the sale, lease, transfer or other disposition of all or substantially all of the assets of the Company to any person (other than a transfer to a Subsidiary).
(e) Code means the Internal Revenue Code of 1986, as amended from time to time, and the rulings and regulations issued thereunder.
(f) Committee means the Compensation Committee of the Board.
(g) Common Shares means the Companys common shares, par value $.001, subject to adjustment as provided in Section 12.
(h) Dividend Equivalent means an Award granted to a Participant pursuant to Section 11.
(i) Fair Market Value means, as of any date, the closing price for a Common Share reported for that date by the New York Stock Exchange (or such other stock exchange or quotation system on which such shares are then listed or quoted) or, if no Common Shares are traded on the New York Stock Exchange (or such other stock exchange or quotation system) on the date in question, then for the next preceding date for which such shares traded on the New York Stock Exchange (or such other stock exchange or quotation system). In the event that the Common Shares are not listed or quoted on any stock exchange or quotation system, the Fair Market Value shall be determined by the Committee in its sole discretion in a manner consistent with Section 409A of the Code,.
(j) Incentive Stock Option means a stock option that is intended to qualify as an incentive stock option within the meaning of Section 422 of the Code.
(k) Option means an Incentive Stock Option and/or a stock option that is not intended to qualify as an Incentive Stock Option, in each case, granted pursuant to Section 7.
(l) Participant means any individual described in Section 3 to whom Awards have been granted from time to time by the Committee and any authorized transferee of such individual.
(m) Performance Award means an Award, the grant, issuance, retention, vesting or settlement of which is subject to satisfaction of one or more Qualifying Performance Criteria.
(n) Performance Unit means a bonus opportunity awarded under Section 10 pursuant to which a Participant may become entitled to receive an amount based on satisfaction of such performance criteria as are specified in the Award Agreement.
(o) Prior Plan means the Companys 2004 Stock Incentive Plan.
(p) Restricted Stock means Common Shares granted pursuant to Section 9.
(q) Stock Unit means an Award granted to a Participant pursuant to Section 9, pursuant to which Common Shares may be issued in the future.
(r) Stock Appreciation Right means a right granted pursuant to Section 8 that entitles the Participant to receive, in cash or Common Shares or a combination thereof, as determined by the Committee, an amount equal to or otherwise based on the excess of (i) the Fair Market Value of a specified number of Common Shares at the time of exercise over (ii) the exercise price of the right, as established by the Committee on the date of grant.
(s) Subsidiary means any corporation (other than the Company) in an unbroken chain of corporations beginning with the Company where each of the corporations in the unbroken chain other than the last corporation owns stock possessing at least 50% or more of the total combined voting power of all classes of stock in one of the other corporations in the chain, and if specifically determined by the Committee in the context other than with respect to Incentive Stock Options, may include an entity in which the Company has a significant ownership interest or that is directly or indirectly controlled by the Company.
(t) Substitute Awards means Awards granted or Common Shares issued by the Company in assumption of, or in substitution or exchange for, awards previously granted, or the right or obligation to make future awards, by a company acquired by the Company or any Subsidiary or with which the Company or any Subsidiary combines.
3. Eligibility. Any person who is a current or prospective director, officer or employee (within the meaning of Section 303A.08 of the New York Stock Exchange Listed Company Manual) of the Company or of any Subsidiary shall be eligible for selection by the Committee for the grant of Awards hereunder. In addition any person who has been retained to provide consulting, advisory or other services to the Company or to any Subsidiary shall be eligible for selection by the Committee for the grant of Awards hereunder. Options intending to qualify as Incentive Stock Options may only be granted to employees of the Company or any Subsidiary.
4. Effective Date and Termination of Plan. This Plan was adopted by the Board as of September 23, 2005, and it will become effective (the Effective Date ) when it is approved by the Companys stockholders, which approval must be obtained within twelve (12) months of the adoption of this Plan. No Awards shall be granted pursuant to the Plan after the tenth (10th) anniversary of the Effective Date. Notwithstanding the foregoing, the Plan may be terminated at such earlier time as the Board may determine. Termination of the Plan will not affect the rights and obligations of the Participants and the Company arising under Awards theretofore granted and then in effect.
5. Effect on Prior Plan. On and after the Effective Date, no further grants or awards shall be made under the Prior Plan. Grants and awards made under the Prior Plan before the Effective Date, however, shall continue in effect in accordance with their terms.
6. Shares Subject to the Plan and to Awards
(a) Aggregate Limits . The aggregate number of Common Shares issuable pursuant to all Awards shall equal 4,700,000, plus (i) any Common Shares that were authorized for issuance under the Prior Plan that, as of the Effective Date, remain available for issuance under the Prior Plan (not including any Common Shares that are subject to, as of the Effective Date, outstanding awards under the Prior Plan or any Common Shares that prior to the Effective Date were issued pursuant to awards granted under the Prior Plan) and (ii) any Common Shares subject to awards granted under the Prior Plan that are terminated, expire unexercised, forfeited or settled in cash. Any Common Shares granted as Options or Stock Appreciation Rights shall be counted against this limit as one (1) share for every one (1) share granted. Any Common Shares granted as Awards other than Options or Stock Appreciation Rights shall be counted against this limit as one and one-half (1.5) shares
for every one (1) share granted. The aggregate number of Common Shares available for grant under this Plan, the number of Common Shares subject to outstanding Awards, and the number of Common Shares set forth in the proviso of the preceding sentence shall be subject to adjustment as provided in Section 12. The Common Shares issued pursuant to Awards granted under this Plan may be shares that are authorized and unissued or shares that were reacquired by the Company, including shares purchased in the open market.
(b) Issuance of Shares . Common Shares subject to an Award or to an award under the Prior Plan that are terminated, expire unexercised, forfeited or settled in cash shall be available for subsequent Awards under this Plan. Any Common Shares that again become available for grant pursuant to this Article 6 shall be added back as one (1) Common Share if such shares were subject to Options or Stock Appreciation Rights granted under the Plan or options or stock appreciation rights granted under the Prior Plan, and as one and one-half (1.5) Common Shares if such shares were subject to Awards other than Options or Stock Appreciation Rights granted under the Plan or subject to awards other than options or stock appreciation rights granted under the Prior Plan. Shares subject to Options or Stock Appreciation Rights that are exercised shall not be available for subsequent awards. The following transactions involving Common Shares will not result in additional Common Shares becoming available for subsequent Awards under this Plan: (i) Common Shares tendered or withheld in payment of an Option; (ii) Common Shares withheld or tendered for taxes; (iii) Common Shares that were subject to a stock-settled Stock Appreciation Right and were not issued upon the net settlement or net exercise of such Stock Appreciation Right; or (iv) Common Shares repurchased on the open market with the proceeds of an Option exercise.
(c) Substitute Awards. Substitute Awards shall not reduce the Common Shares authorized for issuance under the Plan or authorized for grant to a Participant in any calendar year. Additionally, in the event that a company acquired by the Company or any Subsidiary, or with which the Company or any Subsidiary combines, has shares available under a pre-existing plan approved by shareholders and not adopted in contemplation of such acquisition or combination, the shares available for grant pursuant to the terms of such pre-existing plan (as adjusted, to the extent appropriate, using the exchange ratio or other adjustment or valuation ratio or formula used in such acquisition or combination to determine the consideration payable to the holders of common stock of the entities party to such acquisition or combination) may be used for Awards under the Plan and shall not reduce the Common Shares authorized for issuance under the Plan; provided that Awards using such available shares shall not be made after the date awards or grants could have been made under the terms of the pre-existing plan, absent the acquisition or combination, and shall only be made to individuals who were employees, directors or consultants of such acquired or combined company before such acquisition or combination.
(d) Tax Code Limits . The aggregate number of Common Shares subject to Awards granted under this Plan during any calendar year to any one Participant shall not exceed 1,250,000, which number shall be calculated and adjusted pursuant to Section 12 only to the extent that such calculation or adjustment will not affect the status of any Award intended to qualify as performance based compensation under Section 162(m) of the Code. The aggregate number of Common Shares that may be issued pursuant to the exercise of Incentive Stock Options granted under this Plan shall not exceed 4,000,000, which number shall be calculated and adjusted pursuant to Section 12 only to the extent that such calculation or adjustment will not affect the status of any Option intended to qualify as an incentive stock option under Section 422 of the Code. The maximum amount payable pursuant to that portion of a Performance Unit granted under this Plan for any calendar year to any Participant that is intended to satisfy the requirements for performance based compensation under Section 162(m) of the Code shall not exceed $5,000,000.
7. Options. Options may be granted at any time and from time to time to Participants selected by the Committee. No Participant shall have any rights as a stockholder with respect to any Common Shares subject to Option hereunder until such shares have been issued. Each Option shall be evidenced by an Award Agreement. Options granted pursuant to the Plan may, but need not be identical; provided that each Option must contain and be subject to the following terms and conditions:
(a) Purchase Price . The purchase price under each Option shall be established by the Committee; provided that in no event will the purchase price be less than the Fair Market Value of a Common Share on the date of grant, except for Options granted to an employee of a company acquired by the Company in assumption and substitution of options held by such employee at the time such company is acquired.
(b) Payment of Purchase Price . Unless otherwise provided for by the Committee and set forth in the applicable Award Agreement, the purchase price of any Option may be paid (i) in cash, (ii) by the delivery, either actually or by attestation, of previously owned Common Shares or (iii) by a combination the foregoing. In addition, the purchase price may be paid through such cashless exercise procedures permitted and established by the Committee, including an irrevocable commitment by a broker to pay over such amount from a sale of the Common Shares issuable under an Option, the delivery of previously owned Common Shares and withholding of Common Shares otherwise deliverable upon exercise.
(c) Option Vesting . The Committee shall have the right to make the timing of the ability to exercise any Option subject to continued employment, the passage of time and/or such performance requirements as deemed appropriate by the Committee.
(d) Option Term . Each Option shall expire within a period of not more than ten (10) years from the date of grant.
(e) Termination of Employment . The Award Agreement evidencing the grant of each Option shall set forth the terms and conditions applicable to such Option upon a termination or change in the status of the employment or service of the Participant with the Company or a Subsidiary, which shall be as the Committee may, in its discretion, determine.
(f) Incentive Stock Options . Notwithstanding anything to the contrary in this Section 7, in the case of the grant of an Option intending to qualify as an Incentive Stock Option, if the Participant owns stock possessing more than 10% of the combined voting power of all classes of stock of the Company (a 10% Shareholder ), the purchase price of such Option must be at least 110% of the Fair Market Value of a Common Share on the date of grant and the Option must expire within a period of not more than five (5) years from the date of grant. Notwithstanding anything in this Section 7 to the contrary, Options designated as Incentive Stock Options shall not be eligible for treatment under the Code as Incentive Stock Options (and will be deemed to be nonqualified stock options) to the extent that either (i) the aggregate Fair Market Value of the Common Shares (determined as of the time of grant) with respect to which such Options are exercisable for the first time by the Participant during any calendar year (under all plans of the Company and any Subsidiary) exceeds $100,000, taking Options into account in the order in which they were granted, or (ii) such Options remain exercisable and unexercised for more than three (3) months following a termination of employment (or such other period of time provided in Section 422 of the Code).
(g) No Repricing without Shareholder Approval . Other than in connection with a change in the Companys capitalization (as described in Section 12), the Company may not, without the approval of stockholders, reprice any Options. For purposes of this Plan, the term reprice means reducing the exercise price of outstanding Options or canceling outstanding Options with a purchase price in excess of Fair Market Value in exchange for cash, new Options with a lower exercise price or other Awards.
8. Stock Appreciation Rights. Stock Appreciation Rights may be granted to Participants from time to time either in tandem with or as a component of other Awards or not in conjunction with other Awards. The provisions of Stock Appreciation Rights may, but need not be the same with respect to each grant or each recipient. Any Stock Appreciation Right granted in tandem with an Option may be granted at the same time such Option is granted or at any time thereafter before the exercise or expiration of such Option. All Stock Appreciation Rights under the Plan shall be subject to the same terms and conditions applicable to Options (as set forth in Section 7), including no repricing; provided, however, that Stock Appreciation Rights granted in tandem with a previously granted Option shall be subject to the terms and conditions of such Option. Subject to the provisions of Section 7, the Committee may impose such other conditions or restrictions on any Stock Appreciation Right as it shall deem appropriate, including, but not limited to, a limit on the amount payable with respect to any Stock Appreciation Right. Stock Appreciation Rights may be settled in Common Shares, cash, or combination thereof, as determined by the Committee.
9. Restricted Stock and Stock Units. Restricted Stock and Stock Units may be granted at any time and from time to time to Participants selected by the Committee. Restricted Stock is an award of Common Shares the issuance, retention, vesting and/or transferability of which is subject during specified periods of time to such conditions (including continued employment or performance conditions) and terms as the Committee deems appropriate. Stock Units are Awards denominated in units of Common Shares under which the issuance of Common Shares is subject to such conditions (including continued employment or performance conditions) and terms as the Committee deems appropriate. Each grant of Restricted Stock and Stock Units shall be evidenced by an Award Agreement. Unless determined otherwise by the Committee, the value of each Stock Unit will be equal to one Common Share. Restricted Stock and Stock Units granted pursuant to the Plan may, but need not be identical, but each grant of Restricted Stock and Stock Units must contain and be subject to the following terms and conditions:
(a) Number of Shares Subject to Award . Each Award Agreement evidencing a grant of Restricted Stock or Stock Units shall contain provisions regarding the number of Common Shares or Stock Units subject to such Award or a formula for determining such number and restrictions on the transferability of the shares or units. Common Shares issued under a Restricted Stock Award may be issued in the name of the Participant and held by the Participant or held by the Company, in each case, as the Committee may provide.
(b) Form of Payment . To the extent determined by the Committee, Stock Units may be satisfied or settled in Common Shares, cash or a combination thereof.
(c) Section 83(b) Election . The Committee may provide in an Award Agreement for an agreement between the Company and the holder of an Award of Restricted Stock as to whether or not such holder will be permitted to make an election under Section 83(b) of the Code with respect to the unvested Common Shares subject to the Award.
(d) Vesting . The grant, issuance, retention, vesting and/or settlement of shares subject to Awards of Restricted Stock and Stock Units shall occur at such time and in such installments as determined by the Committee or under criteria established by the Committee. The Committee shall have the right to make the timing of the grant and/or the issuance, ability to retain, vesting and/or settlement of such shares subject to Awards of Restricted Stock and under Stock Units subject to continued employment, passage of time and/or such performance criteria as deemed appropriate by the Committee; provided that in no event shall the grant, issuance, retention, vesting and/or settlement of shares under Restricted Stock or Stock Unit Awards that is based on performance criteria be subject to a performance period of less than one (1) year. Notwithstanding anything to the contrary herein, the performance criteria for any Restricted Stock or Stock Unit that is intended to satisfy the requirements for performance-based compensation under Section 162(m) of the Code shall be a measure based on one or more
Qualifying Performance Criteria selected by the Committee and specified at the time the Restricted Stock or Stock Unit is granted. The Committee shall certify the extent to which any Qualifying Performance Criteria has been satisfied, and the amount payable as a result thereof, prior to payment, vesting and/or settlement of any Restricted Stock or Stock Unit that is intended to satisfy the requirements for performance-based compensation under Section 162(m) of the Code.
(e) Discretionary Adjustments and Limits . Subject to the limits imposed under Section 162(m) of the Code for Awards that are intended to qualify as performance based compensation, notwithstanding the satisfaction of any performance goals, the number of Common Shares granted, issued, retainable and/or vested under an Award of Restricted Stock or Stock Units on account of either financial performance or personal performance evaluations may, to the extent specified in the Award Agreement, be reduced, but not increased, by the Committee on the basis of such further considerations as the Committee shall determine.
(f) Voting Rights . Unless otherwise determined by the Committee: (i) Participants holding shares of Restricted Stock granted hereunder may exercise full voting rights with respect to those shares during the period of restriction and (ii) Participants shall have no voting rights with respect to Common Shares underlying Stock Units unless and until such shares are reflected as issued and outstanding shares on the Companys stock ledger.
(g) Dividends and Distributions . Participants in whose name Restricted Stock is granted shall be entitled to receive all dividends and other distributions paid with respect to those shares, unless determined otherwise by the Committee. Any such dividends or distributions will be subject to the same restrictions on transferability as the Restricted Stock with respect to which they were distributed.
(h) Termination of Employment . The Award Agreement evidencing the grant of an Award of Restricted Stock or Stock Units shall set forth the terms and conditions applicable to such Award upon a termination or change in the status of the employment or service of the Participant with the Company or a Subsidiary, which shall be as the Committee may, in its discretion, determine.
10. Performance Units. Each Performance Unit Award will confer upon the Participant the opportunity to earn a future payment tied to the level of achievement with respect to one or more performance criteria. Performance Units granted pursuant to the Plan may, but need not be identical, but each grant of Performance Units must contain and be subject to the following terms and conditions:
(a) General . The Committee shall determine and set forth in an Award Agreement provisions regarding: (i) the target and maximum amount payable to the Participant under the Performance Unit Award, (ii) restrictions on the alienation or transfer of the Performance Unit or Common Shares subject thereto prior to actual payment and (iii) forfeiture provisions.
(b) Performance Criteria . The Committee shall establish the performance criteria and level of achievement versus these criteria that shall determine the target and maximum amount payable under a Performance Unit, which criteria may be based on financial performance and/or personal performance evaluations. The Committee shall also establish the term of the performance period as to which performance shall be measured for determining the amount of any payment, which shall not be less than one year, except, in either case, in the event of the Participants death or disability or a Change of Control. Notwithstanding anything to the contrary herein, the performance criteria for any portion of a Performance Unit that is intended by the Committee to satisfy the requirements for performance-based compensation under Section 162(m) of the Code shall be a measure based on one or more Qualifying Performance Criteria selected by the Committee and specified at the time the Performance Unit is granted. The Committee shall certify the extent to which any Qualifying Performance Criteria has been satisfied, and the amount payable as a result thereof, prior to payment, vesting and/or settlement of any Performance Unit that is intended to satisfy the requirements for performance-based compensation under Section 162(m) of the Code.
(c) Timing and Form of Payment . The Committee shall determine the timing of payment of any Performance Unit. Payment of the amount due under a Performance Unit may be made in cash, in Common Shares or a combination thereof, as determined by the Committee. The Committee may provide for or, subject to such terms and conditions as the Committee may specify, may permit a Participant to elect for the payment of any Performance Unit to be deferred to a specified date or event.
(d) Discretionary Adjustments . Notwithstanding satisfaction of any performance goals, the amount paid under a Performance Unit on account of either financial performance or personal performance evaluations may be reduced by the Committee on the basis of such further considerations, as the Committee shall determine.
11. Dividend Equivalents. Dividend Equivalents may be granted to Participants independently or in tandem with any Award other than an Option or Stock Appreciation Right. Dividend Equivalents are payable in cash, Common Shares, or Stock Units in an amount equivalent to the dividends that would have been paid on Common Shares had the shares been outstanding from the date an Award was granted. Dividend Equivalents may be granted with conditions as determined by the Committee, including that such amounts (if any) shall be deemed to have been reinvested in additional Common Shares, and shall be evidenced by an Award Agreement.
12. Adjustment of and Changes in the Stock
(a) In the event that the number of Common Shares of the Company shall be increased or decreased through a reorganization, reclassification, combination of shares, stock split, reverse stock split, spin-off, dividend (other than regular, cash dividends), or otherwise, each Common Share of the Company which has been authorized for issuance under the Plan, whether such share is then currently subject to or may become subject to an Award under the Plan, as well as the per share limits set forth in Section 6 of this Plan, shall be proportionately adjusted by the Committee to reflect such increase or decrease. The terms of any outstanding Award shall also be adjusted by the Committee as to price, number of Common Shares subject to such Award and other terms to reflect the foregoing events.
(b) Subject to Section 13, in the event there shall be any other change in the number or kind of outstanding Common Shares of the Company, or any stock or other securities into which such Common Shares shall have been changed, or for which it shall have been exchanged, whether by reason of a change of control, other merger, consolidation or otherwise, the Committee shall, in its sole discretion, determine the appropriate adjustment, if any, to be effected. Notwithstanding anything to the contrary herein, any adjustment to Options granted pursuant to this Plan intended to qualify as Incentive Stock Options shall comply with the requirements, provisions and restrictions of the Code.
(c) No right to purchase fractional shares shall result from any adjustment in Awards pursuant to this Section 12. In case of any such adjustment, the shares subject to the Award shall be rounded down to the nearest whole share.
13. Effect of a Change of Control. Unless otherwise provided for under the terms of a transaction constituting a Change of Control, the Committee may, through an Award Agreement or otherwise, provide that any or all of the following shall occur in connection with a Change of Control, or upon termination of the Participants employment following a Change of Control: (a) the acceleration of the vesting and, if applicable, exercisability of any outstanding Award, or portion thereof, or the lapsing of any conditions of restrictions on or the time for payment in respect of any outstanding Award, or portion thereof, (b) the substitution for Common Shares subject to any outstanding Award, or portion thereof, stock or other securities of the surviving corporation or any successor corporation to the Company, or a parent or subsidiary thereof, in which event the aggregate purchase or exercise price, if any, of such Award, or portion thereof, shall remain the same, (c) the conversion of any outstanding Award, or portion thereof, into a right to receive cash or other property upon or following the consummation of the Change of Control in an amount equal to the value of the consideration to be received by holders of Common Shares in connection with such transaction for one Common Share, less the per share purchase or exercise price of such Award, if any, multiplied by the number of Common Shares subject to such Award, or a portion thereof, and/or (d) the cancellation of any outstanding and unexercised Awards upon or following the consummation of the Change of Control. Any actions or determinations of the Committee pursuant to this Section 13 may, but need not be uniform as to all outstanding Awards, and the Committee may, but need not treat all holders of outstanding Awards identically.
14. Qualifying Performance-Based Compensation
(a) General . The Committee may specify that the grant, retention, vesting, of issuance any Award, or the amount to be paid out under any Award, be subject to or based on Qualifying Performance Criteria or other standards of financial performance and/or personal performance evaluations. Notwithstanding satisfaction of any performance goals, the number of Common Shares issued or the amount paid under an Award may, to the extent specified in the Award Agreement, be reduced by the Committee on the basis of such further considerations as the Committee in its sole discretion shall determine.
(b) Qualifying Performance Criteria . For purposes of this Plan, the term Qualifying Performance Criteria shall mean any one or more of the following performance criteria, either individually, alternatively or in any combination, applied to either the Company as a whole or to a business unit or Subsidiary, either individually, alternatively or in any combination, and measured either annually or cumulatively over a period of years, on an absolute basis or relative to a pre-established target, to previous years results or to a designated comparison group, in each case as specified by the Committee: (i) cash flow (before or after dividends), (ii) earnings per share (including earnings before interest, taxes, depreciation and amortization), (iii) stock price, (iv) return on equity, (v) total stockholder return, (vi) return on capital (including return on total capital or return on invested capital), (vii) return on assets or net assets, (viii) market capitalization, (ix) economic value added, (x) debt leverage (debt to capital), (xi) revenue, (xii) income or net income, (xiii) operating income, (xiv) operating profit or net operating profit, (xv) operating margin or profit margin, (xvi) return on operating revenue, (xvii) cash from operations, (xviii) operating ratio, (xix) operating revenue, or (xx) customer service. To the extent consistent with Section 162(m) of the Code, the Committee may appropriately adjust any evaluation of performance under a Qualifying Performance Criteria to exclude any of the following events that occurs during a performance period: (i) asset write-downs, (ii) litigation, claims, judgments or settlements, (iii) the effect of changes in tax law, accounting principles or other such laws or provisions affecting reported results, (iv) accruals for reorganization and restructuring programs and (v) any extraordinary, unusual or non-recurring items as described in FASB ASC Subtopic 225-20 and/or in managements discussion and analysis of financial condition and results of operations appearing in the Companys Forms 10-K or 10-Q for the applicable year.
15. Transferability. Unless the Committee specifies otherwise, each Award may not be sold, transferred, pledged, assigned, or otherwise alienated or hypothecated by a Participant other than by will or the laws of descent and distribution, and each Option and Stock Appreciation Right granted hereunder shall be exercisable only by the Participant during his or her lifetime. Notwithstanding anything herein to the contrary, in no event with Options or Stock Appreciation Rights be transferable for value or consideration.
16. Compliance with Laws and Regulations. This Plan, the grant, issuance, vesting, exercise and settlement of Awards thereunder, and the obligation of the Company to sell, issue or deliver shares under such Awards, shall be subject to all applicable foreign, federal, state and local laws, rules and regulations and to such approvals by any governmental or regulatory agency as may be required. The Company shall not be required to register in a Participants name or deliver any shares prior to the completion of any registration or qualification of such shares under any foreign, federal, state or local law or any ruling or regulation of any government body, which the Committee shall determine to be necessary or advisable. No Option shall be exercisable and no shares shall be issued and/or transferable under any other Award unless a registration statement with respect to the shares underlying such Award is effective and current or the Company has determined that such registration is unnecessary. In the event an Award is granted to or held by a Participant who is employed or providing services outside the United States, the Committee may, in its sole discretion, modify the provisions of such Award to comply with applicable foreign law.
17. Withholding. To the extent required by applicable federal, state, local or foreign law, a Participant shall be required to satisfy, in a manner satisfactory to the Company, any withholding tax obligations that arise with respect to an Award. The Company and its Subsidiaries shall not be required to issue Common Shares, make any payment or to recognize the transfer or disposition of Common Shares until such obligations are satisfied. The Committee may permit these obligations to be satisfied by having the Company withhold a portion of the Common Shares that otherwise would be issued to the Participant in connection with the Award, or by the Participant tendering (either actually or by attestation) Common Shares previously acquired.
18. Administration of the Plan
(a) Committee of the Plan . The Plan shall be administered by the Committee which shall be the Compensation Committee of the Board or, in the absence of a Compensation Committee, the Board itself; provided, however, that (i) with respect to any Award that is intended to satisfy the conditions of Rule 16b-3 under the Securities Exchange Act of 1934, as amended (the Exchange Act ) the term Committee shall refer to a committee of two or more non-employee directors as determined for purposes of applying Exchange Act Rule 16b-3; and (ii) with respect to any Award that is intended to qualify as performance-based compensation within the meaning of Section 162(m) of the Code, the term Committee shall refer to a committee of two or more outside directors as determined for purposes of applying Section 162(m) of the Code. Subject to the provisions of Section 16 of the Exchange Act and Section 162(m) of the Code, any power of the Committee may also be exercised by the Board. The Compensation Committee may by resolution authorize one or more officers of the Company to perform any or all things that the Committee is authorized and empowered to do or perform under the Plan; provided, however, that the resolution so authorizing such officer or officers shall specify the total number of Awards (if any) such officer or officers may award pursuant to such delegated authority, and any such Award shall be subject to the form of Award Agreement theretofore approved by the Compensation Committee. No such officer shall designate himself or herself as a recipient of any Awards granted under authority delegated to such officer.
(b) Powers of Committee . Subject to the express provisions of this Plan, the Committee shall be authorized and empowered to do all things that it determines to be necessary or appropriate in connection with the administration of this Plan, including, without limitation: (i) to prescribe, amend and rescind rules and regulations relating to this Plan and to define terms not otherwise defined herein; (ii) to determine which persons are Participants, to which of such Participants, if any, Awards shall be granted hereunder and the timing of any such Awards; (iii) to grant Awards to Participants and determine the terms and conditions thereof, including the number of Common Shares subject to Awards and the exercise or purchase price of such Common Shares and the circumstances under which Awards become exercisable or vested or are forfeited or expire, which terms may but need not be conditioned upon the passage of time, continued employment, the satisfaction of performance criteria, the occurrence of certain events (including a Change of Control), or other factors; (iv) to establish and verify the extent of satisfaction of any performance goals or other conditions applicable to the grant, issuance, exercisability, vesting and/or ability to retain any Award; (v) to prescribe and amend the terms of the agreements or other documents evidencing Awards made under this Plan (which need not be identical) and the terms of or form of any document or notice required to be delivered to the Company by Participants under this Plan; (vi) to determine the extent to which adjustments are required pursuant to Section 12; (vii) to interpret and construe this Plan, any rules and regulations under this Plan and the terms and conditions of any Award granted hereunder, and to make exceptions to any such provisions in if the Committee, in good faith, determines that it is necessary to do so in light of extraordinary circumstances and for the benefit of the Company; (viii) to approve corrections in the documentation or administration of any Award; and (ix) to make all other determinations deemed necessary or advisable for the administration of this Plan. The Committee may, in its sole and absolute discretion, without amendment to the Plan, waive or amend the operation of Plan provisions respecting exercise after termination of employment or service to the Company or an Affiliate and, except as otherwise provided herein, adjust any of the terms of any Award. The Committee may also (A) accelerate the date on which any Award granted under the Plan becomes exercisable or (B) accelerate the vesting date or waive or adjust any condition imposed hereunder with respect to the vesting or exercisability of an Award, provided that the Committee, in good faith, determines that such acceleration, waiver or other adjustment is necessary or desirable in light of extraordinary circumstances.
(c) Determinations by the Committee . All decisions, determinations and interpretations by the Committee regarding the Plan, any rules and regulations under the Plan and the terms and conditions of or operation of any Award granted hereunder, shall be final and binding on all Participants, beneficiaries, heirs, assigns or other persons holding or claiming rights under the Plan or any Award.
19. Amendment of the Plan or Awards. The Board may amend, alter or discontinue this Plan and the Committee may amend, or alter any agreement or other document evidencing an Award made under this Plan; provided that, except as provided pursuant to the provisions of Sections 13 and 14, to the extent necessary under any applicable law, regulation or New York Stock Exchange or other applicable listing requirement, no amendment shall be effective unless approved by the stockholders of the Company in accordance with applicable law, regulation or New York Stock Exchange or other applicable listing requirement. In addition, no amendment or alteration to the Plan or an Award or Award Agreement shall be made that would materially impair the rights of the holder of an Award, without such holders consent, provided that no such consent shall be required if the Committee determines in its sole discretion that such amendment or alteration either is required or advisable in order for the Company, the Plan or the Award to satisfy any law or regulation or to meet the requirements of or avoid adverse financial accounting consequences under any accounting standard.
20. No Liability of Company. The Company and any Subsidiary or affiliate which is in existence or hereafter comes into existence shall not be liable to a Participant or any other person as to: (i) the non-issuance or sale of Common Shares as to which the Company has been unable to obtain from any regulatory body having jurisdiction the authority deemed by the Companys counsel to be necessary to the lawful issuance and sale of any shares hereunder; and (ii) any tax consequence expected, but not realized, by any Participant or other person due to the receipt, exercise or settlement of any Award granted hereunder.
21. Non-Exclusivity of Plan. Neither the adoption of this Plan by the Board nor the submission of this Plan to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board or the Committee to adopt such other incentive arrangements as either may deem desirable, including without limitation, the granting of restricted stock or stock options otherwise than under this Plan, and such arrangements may be either generally applicable or applicable only in specific cases.
22. Governing Law. This Plan and any Award Agreements or other documents hereunder shall be interpreted and construed in accordance with the laws of the State of Delaware and applicable U.S. federal law, without reference to principles of conflict of laws. Any reference in this Plan or in the Award Agreement or other document evidencing any Awards to a provision of law or to a rule or regulation shall be deemed to include any successor law, rule or regulation of similar effect or applicability.
23. Compliance with Section 409A of the Code. This Plan is intended to comply and shall be administered in a manner that is intended to comply with Section 409A of the Code and shall be construed and interpreted in accordance with such intent. To the extent that an Award or the payment, settlement or deferral thereof is subject to Section 409A of the Code, the Award shall be granted, paid, settled or deferred in a manner that will comply with Section 409A of the Code, including regulations or other guidance issued with respect thereto, except as otherwise determined by the Committee. Any provision of this Plan that would cause the grant of an Award or the payment, settlement or deferral thereof to fail to satisfy Section 409A of the Code shall be amended to comply with Section 409A of the Code on a timely basis, which may be made on a retroactive basis, in accordance with regulations and other guidance issued under Section 409A of the Code.
24. No Right to Employment, Reelection or Continued Service. Nothing in this Plan or any Award Agreement shall interfere with or limit in any way the right of the Company, its Subsidiaries and/or its affiliates to terminate any Participants employment, service on the Board or service for the Company at any time or for any reason not prohibited by law, nor confer upon any Participant any right to continue his or her employment or service for any specified period of time.
Exhibit 10.21
HERBALIFE LTD.
2005 STOCK INCENTIVE PLAN
INDEPENDENT DIRECTORS STOCK APPRECIATION RIGHT AGREEMENT
This Independent Directors Stock Appreciation Right Agreement (this Agreement ) dated as of February , 20 (the Grant Date ) between Herbalife Ltd., an entity organized under the laws of the Cayman Islands (the Company ), and [DIRECTOR] ( Participant ).
WHEREAS, the Company, by action of the Board established the Herbalife Ltd. Amended and Restated Independent Directors Deferred Compensation and Stock Appreciation Right Plan (the Independent Directors Plan );
WHEREAS, the Board has determined that Participant is an independent director of the Company and the Company desires to encourage Participant to own Common Shares for the purposes stated in Section 1 of the Plan and the Independent Directors Plan;
WHEREAS, Participant and the Company have entered into this Agreement to govern the terms of the Stock Appreciation Right Award (as defined below) granted to Participant by the Company.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements contained herein, the Company and Participant, intending to be legally bound, hereby agree as follows:
1. Grant .
(a) The Company hereby grants to the Participant an Award of Stock Appreciation Rights (the Award ) in accordance with Section 8 of the Plan and subject to the terms and conditions set forth herein and in the Plan (each as amended from time to time). Each Stock Appreciation Right represents the right to receive, upon exercise of the Stock Appreciation Right pursuant to this Agreement, from the Company, a payment, paid in Common Shares, par value $.002 per share, of the Company (the Common Shares ), equal to (i) the excess of the Fair Market Value, on the date of exercise, of one Common Share (as adjusted from time to time pursuant to Section 12 of the Plan) over the Base Price (as defined below) of the Stock Appreciation Right, divided by (ii) the Fair Market Value, on the date of exercise, of one Common Share, subject to terms and conditions set forth herein, in the Independent Directors Plan and in the Plan (each as amended from time to time).
(b) The Base Price for the Stock Appreciation Right shall be $ per share (subject to adjustment as set forth in Section 12 of the Plan).
(c) Except as otherwise defined herein, capitalized terms used herein shall have the meanings set forth in the Plan or the Independent Directors Plan, as applicable.
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2. Vesting .
(a) Participants Stock Appreciation Rights shall not be vested as of the Grant Date and shall be forfeitable unless and until otherwise vested pursuant to the terms of this Agreement. Subject to Participants continued service as a member of the Board, the Award shall become vested with respect to 25% of the Stock Appreciation Rights awarded hereunder on each of May 27, 200 , August 27, 200 , November 27, 200 and February 27, 200 (each such date a Vesting Date ). Stock Appreciation Rights awarded hereunder that have vested and are no longer subject to forfeiture are referred to herein as Vested SARs . Stock Appreciation Rights awarded hereunder that are not vested and remain subject to forfeiture are referred to herein as Unvested SARs .
(b) Notwithstanding anything herein or in the Plan to the contrary, upon the cessation of Participants service as a member of the Board by reason of Participants of death or disability (as such term if defined in Section 22(e) of the Code), all Unvested SARs shall vest as of the date of such termination of employment.
(c) Notwithstanding anything herein or in the Plan to the contrary, upon the occurrence of a Change of Control, the Award shall become immediately and fully vested and exercisable as of the date of the Change of Control.
3. Time for Exercise .
(a) Except as set forth in Paragraph 2(c) or Section 13 of the Plan, the Award (including both Vested SARs and Unvested SARs) shall not be exercisable on or before the dates specified in this Paragraph 3.
(b) Subject to Participants continued service as a member of the Board, all then Vested SARs shall become exercisable on the second anniversary of the final Vesting Date.
(c) Notwithstanding anything herein to the contrary, in the event Participant ceases to be a member of the Board for any reason prior to the date specified in Paragraph 3(b), all then Vested SARs shall become exercisable on the date of such cessation of service.
4. Expiration . The Award shall expire on the seventh (7 th ) anniversary of the Grant Date; provided, however, that the Award may earlier terminate as provided in Section 13 of the Plan.
5. Method of Exercise . The Award may be exercised by delivery to the Company (attention: Secretary) of a notice of exercise in the form specified by the Company specifying the number of shares with respect to which the Award is being exercised.
6. Fractional Shares . No fractional shares may be purchased upon any exercise.
7. Adjustments of Shares and Awards . Subject to Section 12(a) of the Plan, in the event of any change in the outstanding Shares by reason of an acquisition, spin-off or reclassification, recapitalization or merger, combination or exchange of Common Shares or other corporate exchange, Change of Control or similar event, the Committee shall adjust appropriately the number or kind of shares or securities subject to the Award and Base Prices related thereto and make such other revisions to the Award as it deems are equitably required. Any adjustments made pursuant to this Paragraph 7 shall be implemented in accordance with Section 409A of the Internal Revenue Code of 1986, as amended.
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8. Compliance With Legal Requirements . The Award shall not be exercisable and no Common Shares shall be issued or transferred pursuant to this Agreement or the Plan unless and until all legal requirements applicable to such issuance or transfer have, in the opinion of counsel to the Company, been satisfied. Such legal requirements may include, but are not limited to, (i) registering or qualifying such Common Shares under any state or federal law or under the rules of any stock exchange or trading system, (ii) satisfying any applicable law or rule relating to the transfer of unregistered securities or demonstrating the availability of an exemption from applicable laws, (iii) placing a restricted legend on the Common Shares issued pursuant to the exercise of the Award, or (iv) obtaining the consent or approval of any governmental regulatory body.
9. Shareholder Rights . Participant shall not be deemed a shareholder of the Company with respect to any of the Common Shares subject to the Award, except to the extent that such shares shall have been purchased and transferred to Participant.
10. Taxes . Participant is liable and responsible for all taxes owed in connection with the Award, regardless of any action the Company takes with respect to any tax withholding obligations that arise in connection with the Award. The Company does not make any representation or undertaking regarding the treatment of any tax withholding in connection with the grant, vesting or settlement of the Award or the subsequent sale of Common Shares issuable pursuant to the Award. The Company does not commit and is under no obligation to structure the Award to reduce or eliminate Participants tax liability.
11. Assignment or Transfer Prohibited . The Award may not be assigned or transferred otherwise than by will or by the laws of descent and distribution, and may be exercised during the life of Participant only by Participant or Participants guardian or legal representative; provided, however, Participant may assign or transfer the Award to the extent permitted under the Independent Directors Plan, provided that the Award shall be subject to all the terms and condition of the Independent Directors Plan, the Plan, this Agreement and any other terms required by the Committee as a condition to such transfer. Neither the Award nor any right hereunder shall be subject to attachment, execution or other similar process. In the event of any attempt by Participant to alienate, assign, pledge, hypothecate or otherwise dispose of the Award or any right hereunder, except as provided for herein, or in the event of the levy or any attachment, execution or similar process upon the rights or interests hereby conferred, the Company may terminate the Award by notice to Participant, and the Award shall thereupon become null and void.
12. Committee Authority . Any question concerning the interpretation of this Agreement or the Plan, any adjustments required to be made under this Agreement or the Plan, and any controversy that may arise under this Agreement or the Plan shall be determined by the Committee in its sole and absolute discretion. All decisions by the Committee shall be final and binding.
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13. Application of the Plan . The terms of this Agreement are governed by the terms of the Independent Directors Plan and the Plan, as both exist on the Grant Date and as amended from time to time. In the event of any conflict between the provisions of this Agreement and the provisions of the Independent Directors Plan and/or the Plan, the terms of the Independent Directors Plan or the Plan (as applicable) shall control, except as expressly stated otherwise in this Agreement. The term Section generally refers to provisions within the Independent Directors Plan or the Plan; provided, however, the term Paragraph shall refer to a provision of this Agreement.
| 14. | General Provisions . |
(a) No Waiver . No waiver of any provision of this Agreement will be valid unless in writing and signed by the person against whom such waiver is sought to be enforced, nor will failure to enforce any right hereunder constitute a continuing waiver of the same or a waiver of any other right hereunder.
(b) Undertaking . Participant hereby agrees to take whatever additional action and execute whatever additional documents the Company may deem necessary or advisable in order to carry out or effect one or more of the obligations or restrictions imposed on either Participant or the Award pursuant to the express provisions of this Agreement.
(c) Entire Contract . This Agreement, the Independent Directors Plan and the Plan constitute the entire contract between the parties hereto with regard to the subject matter hereof. This Agreement is made pursuant to the provisions of the Independent Directors Plan and the Plan and will in all respects be construed in conformity with the express terms and provisions of the Independent Directors Plan and the Plan.
(d) Successors and Assigns . The provisions of this Agreement will inure to the benefit of, and be binding on, the Company and its successors and assigns and Participant and Participants legal representatives, heirs, legatees, distributees, assigns and transferees by operation of law, whether or not any such person will have become a party to this Agreement and agreed in writing to join herein and be bound by the terms and conditions hereof.
(e) Securities Law Compliance . Participant understands that the Company is under no obligation to register for resale the Common Shares issued upon exercise of the Award. The Company may impose such restrictions, conditions or limitations as it determines appropriate as to the timing and manner of any resales by Participant or other subsequent transfers by Participant of any Common Shares issued as a result of or under this Award, including without limitation (i) restrictions under an insider trading policy, (ii) restrictions that may be necessary in the absence of an effective registration statement under the Securities Act of 1933, as amended, covering the Award and/or the Common Shares underlying the Award and (iii) restrictions as to the use of a specified brokerage firm or other agent for such resales or other transfers. Any sale of the Common Shares must also comply with other applicable laws and regulations governing the sale of such shares.
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(f) Electronic Delivery . The Company may, in its sole discretion, decide to deliver any documents related to any awards granted under the Plan by electronic means or to request Participants consent to participate in the Independent Directors Plan and the Plan by electronic means. Participant hereby consents to receive such documents by electronic delivery and, if requested, to agree to participate in the Independent Directors Plan and the Plan through an on-line or electronic system established and maintained by the Company or another third party designated by the Company, and such consent shall remain in effect throughout Participants term of service with the Company and thereafter until withdrawn in writing by Participant.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
| HERBALIFE LTD. | ||||||
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Exhibit 10.22
HERBALIFE LTD.
AMENDED AND RESTATED
INDEPENDENT DIRECTORS DEFERRED COMPENSATION AND STOCK UNIT PLAN
1. Establishment of Plan; Purpose
The Herbalife Ltd. (the Company ) the Independent Directors Deferred Compensation and Stock Unit Plan (the Independent Directors Plan ) was initially adopted on January 15, 2006. The Independent Directors Plan is hereby amended and restated in its entirety effective as of August 29, 2006. Prior to January 1, 2009, the Independent Directors Plan provided for the award of Stock Units under Section 9 of the Herbalife Ltd. 2005 Stock Incentive Plan (the Plan ). From and after January 1, 2009, the Independent Directors Plan provides for the award of Stock Appreciation Rights under Section 8 of the Plan. The Independent Directors Plan is intended to be a part of the Plan and the terms of the Plan are incorporated herein by reference.
The purpose of the Plan is to facilitate equity ownership in the Company by its Independent Directors through the award of equity-based compensation awards under the Plan.
2. Definitions
Unless otherwise specifically provided for herein, all capitalized terms used herein shall have the same meanings as the meanings ascribed to such terms in the Plan. In addition, the following words have the following meanings unless a different meaning plainly is required by the context:
(a) Deferral Account means the accounting entry made with respect to each Participant for the purpose of maintaining a record of each Participants benefit under the Independent Directors Plan.
(b) Effective Date means January 15, 2006.
(c) Grant Date means a date on which Stock Units or Stock Appreciation Rights are granted pursuant this Independent Directors Plan.
(d) Independent Director means a member of the Board who, at all relevant times, has been determined by the Board to be independent.
(e) Participant means an Independent Director who has received a Stock Unit award hereunder.
(f) Plan Year means January 15 of each calendar year to January 14 of the next following calendar year. The first Plan Year shall commence on the Effective Date and end on January 14, 2007.
3. Administration.
The Independent Directors Plan shall be administered the Committee. Consistent with Section 18 of the Plan, any question concerning the interpretation of the Independent Directors Plan, any adjustments required to be made under the Independent Directors Plan, and any controversy that may arise under the Independent Directors Plan or any award agreement issued hereunder shall be determined by the Committee in its sole and absolute discretion. All such decisions by the Committee shall be final and binding.
4. Eligibility and Participation.
All Independent Directors shall be eligible to participate in this Independent Directors Plan and receive awards of Stock Units or Stock Appreciation Rights, as applicable, hereunder from time to time.
5. Stock Unit Awards.
(a) First Plan Year Grant . On the Effective Date of the Independent Directors Plan, the Committee shall grant to each Independent Director, pursuant to Section 9 of the Plan, a number of Stock Units equal to the quotient of One Hundred Thousand Dollars ($100,000) divided by the Fair Market Value of one Common Share on such date, rounded to the nearest whole number.
(b) Grants Upon Initial Election to Board. Unless otherwise determined by the Committee, with respect to each Independent Director who commences service on the Board after the Effective Date, upon such Independent Directors commencement of service as a member of the Board the Committee shall grant to such Independent Director, pursuant to Section 9 of the Plan, a number of Stock Units equal to (i) the quotient of One Hundred Thousand Dollars ($100,000) divided by the Fair Market Value of one Common Share on such date, rounded to the nearest whole number, multiplied by (ii) a fraction, the numerator of which equals (A) 365 minus (B) the number of days during the Plan Year that have elapsed prior to the date on which the Independent Director commenced service as a member of the Board and the denominator of which equals 365.
(c) Annual Grants . Unless otherwise determined by the Committee, on January 15 of each Plan Year beginning after Effective Date of the Independent Directors Plan, the Committee shall grant, pursuant to Section 9 of the Plan, to each Independent Director who is serving as a member of the Board as of the Grant Date, a number of Stock Units equal to the quotient of One Hundred Thousand Dollars ($100,000) divided by the Fair Market Value of one Common Share on such date, rounded to the nearest whole number.
(d) Award Agreement . Each award of Stock Units shall be evidenced by an award agreement entered into between the Company and the applicable Participant and shall be subject to all of the terms and conditions set forth herein and in the Plan.
(e) Terms and Conditions of Stock Units . Stock Unit awards made pursuant to this Section 5 shall be subject to the following terms and conditions:
(i) Unless otherwise determined by the Committee at the time of grant the value of each Stock Unit shall be equal to one Common Share (as adjusted pursuant to Section 12 of the Plan).
(ii) Subject to the provisions of this Independent Directors Plan, neither Stock Units awarded pursuant to this Independent Directors Plan nor the Common Shares subject thereto may be sold, assigned, transferred, pledged, or otherwise encumbered prior to the date on which such Common Shares are delivered to the Participant or the Participants beneficiary designated pursuant to Section 6(c)(iii) of this Independent Directors Plan.
(iii) Unless otherwise provided in an award agreement, the recipient of an award under this Section 5 shall not be entitled to receive dividends or dividend equivalents with respect to the number of Common Shares represented by the Stock Unit award until such time as the Common Shares subject to the award have been issued pursuant to the terms of this Independent Directors Plan.
(iv) Unless determined otherwise by the Committee at the time of grant and set forth in an award agreement, subject to the applicable Participants continuous service as a member of the Board, awards of Stock Units pursuant to Section 5(a) or Section 5(c) shall become vested with respect to twenty-five percent (25%) of the number of Stock Units subject to the award on each of April 15, July 15 and October 15 of the calendar year in which the award is granted and January 15 of the calendar year following the year in which the award is granted (each such date is referred to herein as a Vesting Date ).
(v) Unless determined otherwise by the Committee at the time of grant and set forth in an award agreement, subject to the applicable Participants continuous service as a member of the Board, awards of Stock Units pursuant to Section 5(b) shall become vested in equal installments on each of the Vesting Dates that occur after the Grant Date and on or prior to the next following January 15th. 1
(vi) In the event that a Participant ceases to serve as a member of the Board for any reason, all Stock Units held by such Participant at the time of such cessation that have not yet become vested shall be immediately forfeited; provided, however, that in the event of the Participants disability (as such term if defined in Section 22(e) of the Code) or death, the Committee may, in its sole discretion, accelerate the vesting of any unvested Stock Units then held by such Participant.
(vii) Notwithstanding anything herein to the contrary, in the event of a Change of Control all unvested Stock Units shall be deemed fully vested immediately prior to the consummation of the Change of Control.
| 1 | For example: with respect to an award of Stock Units pursuant to Section 5(b) on April 22, 2006, the award would become vested with respect to 33 1/3% of the Stock Units subject thereto on each of July 15, 2006, October 15, 2006 and January 15, 2007. |
(f) Payment/Deferral of Stock Unit Awards .
(i) On each Grant Date the Stock Units awarded to a Participant pursuant to this Section 5 shall be credited to the Participants Deferral Account.
(ii) Subject to the applicable Participants continuous service as a member of the Board, on the second anniversary of the final Vesting Date of an award of Stock Units pursuant to this Section 5, there shall be credited to Participants Deferral Account one Common Share in exchange for each such Stock Unit then held in Participants Deferral Account.
(iii) In the event that a Participant ceases to serve as a member of the Board for any reason prior to the second anniversary of the final Vesting Date of an award of Stock Units pursuant to this Section 5, the Company shall, within thirty (30) days following such cessation, subject to Section 16 of the Plan, issue to the Participant a number of Common Shares equal to the number of vested Stock Units subject to each such award held in the Participants Deferral Account at the time of such cessation.
(g) Notwithstanding anything herein to the contrary, no Stock Units shall be awarded under this Independent Directors Plan on or after January 1, 2009.
5A. Stock Appreciation Right Awards.
(a) 2009 Plan Year Grant. On February 27, 2009, the Committee shall grant to each Independent Director, pursuant to Section 8 of the Plan, a number of Stock Appreciation Rights equal to the quotient of One Hundred Thousand Dollars ($100,000) divided by the fair value (as determined by the Company in accordance with Financial Accounting Standards Boards Statement of Financial Accounting Standards No. 123 (revised 2004), Share-Based Payment or such revised standard as then applicable ( FAS 123R )) of one Stock Appreciation Right on such date, rounded to the nearest whole number.
(b) Grants Upon Initial Election to Board. Unless otherwise determined by the Committee, with respect to each Independent Director who commences service on the Board after January 1, 2010, upon such Independent Directors commencement of service as a member of the Board the Committee shall grant to such Independent Director, pursuant to Section 8 of the Plan, a number of Stock Appreciation Rights equal to (i) the quotient of One Hundred Thousand Dollars ($100,000) divided by the fair value (as determined by the Company in accordance with FAS 123R) of one Stock Appreciation Right on such date, rounded to the nearest whole number, multiplied by (ii) a fraction, the numerator of which equals (A) 365 minus (B) the number of days that have elapsed since the most recent Annual General Meeting of Shareholders the prior to the date on which the Independent Director commenced service as a member of the Board, and the denominator of which equals 365.
(c) Annual Grants. Unless otherwise determined by the Committee, for each Plan Year beginning after January 1, 2010, on the date whereupon annual equity awards are made to Company employees, the Committee shall grant, pursuant to Section 8 of the Plan, to each Independent Director who is serving as a member of the Board as of the Grant Date, a number of Stock Appreciation Rights equal to the quotient of One Hundred Thousand Dollars ($100,000) divided by the fair value (as determined by the Company in accordance with FAS 123R) of one Stock Appreciation Right on such date, rounded to the nearest whole number.
(d) Base Price. The Base Price for each award of Stock Appreciation Rights shall be the closing price of the Common Shares on the Grant Date.
(e) Award Agreement. Each award of Stock Appreciation Rights shall be evidenced by an award agreement entered into between the Company and the applicable Independent Director and shall be subject to all of the terms and conditions set forth herein and in the Plan.
(f) Terms and Conditions of Stock Appreciation Rights. Stock Appreciation Right awards made pursuant to this Section 5A shall be subject to the following terms and conditions:
(i) Each Stock Appreciation Right shall represent the right to receive, upon exercise of the Stock Appreciation Right, a payment, paid in Common Shares, equal to (i) the excess of the Fair Market Value, on the date of exercise, of one Common Share (as adjusted pursuant to Section 12 of the Plan) over the Base Price of the Stock Appreciation Right, divided by (ii) the Fair Market Value, on the date of exercise, of one Common Share.
(ii) Unless determined otherwise by the Committee at the time of grant and set forth in an award agreement, subject to the applicable Independent Directors continuous service as a member of the Board, awards of Stock Appreciation Rights pursuant to Section 5A(a) or Section 5A(c) shall become vested with respect to twenty-five percent (25%) of the number of Stock Appreciation Rights subject to the award on each of July 15 and October 15 of the calendar year in which the award is granted and January 15 and April 15 of the calendar year following the year in which the award is granted (each such date is referred to herein as a Vesting Date ); provided, however, that no Stock Appreciation Right, whether vested or unvested, may be exercised prior to the date specified in Section 5A(g) of this Independent Directors Plan.
(iii) Unless determined otherwise by the Committee at the time of grant and set forth in an award agreement, subject to the applicable Independent Directors continuous service as a member of the Board, awards of Stock Appreciation Rights pursuant to Section 5A(b) shall become vested in equal installments on each of the Vesting Dates that occur after the Grant Date and on or prior to the next following January 15th; provided, however, that no Stock Appreciation Right, whether vested or unvested, may be exercised prior to the date specified in Section 5A(g) of this Independent Directors Plan.
(iv) In the event that an Independent Director ceases to serve as a member of the Board for any reason, all Stock Appreciation Rights held by such Independent Director at the time of such cessation that have not yet become vested shall be immediately forfeited; provided, however, that in the event of the Independent Directors disability (as such term if defined in Section 22(e) of the Code) or death, the Committee may, in its sole discretion, accelerate the vesting of any unvested Stock Appreciation Rights then held by such Independent Director.
(v) Notwithstanding anything herein to the contrary, in the event of a Change of Control all unvested Stock Appreciation Rights shall be deemed fully vested and exercisable immediately prior to the consummation of the Change of Control.
(g) Exercisability of Stock Appreciation Right Awards.
(i) Subject to the applicable Independent Directors continuous service as a member of the Board, Stock Appreciation Rights granted under this Section 5A that become vested pursuant to this Section 5A hereof shall be exercisable by the Independent Director on and after the second anniversary of the final Vesting Date of the award pursuant to this Section 5A and shall remain exercisable until the seventh (7 th ) anniversary of the Grant Date.
(ii) In the event that an Independent Director ceases to serve as a member of the Board for any reason prior to the second anniversary of the final Vesting Date of an award of Stock Appreciation Rights pursuant to this Section 5A, Stock Appreciation Rights previously granted that vested on or prior to such cessation of service shall be exercisable by the Independent Director on and after the date of such cessation of service and shall remain exercisable until the seventh (7 th ) anniversary of the Grant Date.
(iii) Notwithstanding anything herein to the contrary, all Stock Appreciation Rights granted under this Section 5A on and after January 1, 2010 that become vested pursuant to this Section 5A hereof shall, subject to the applicable Independent Directors continuous service as a member of the Board, be exercisable by the Independent Director to the extent vested from and after the applicable Vesting Date of the award pursuant to this Section 5A and shall remain exercisable until the seventh (7 th ) anniversary of the Grant Date.
6. Deferred Compensation
(a) Contributions to Deferral Accounts .
(i) Subject to Sections 6(a)(ii) and 6(a)(iii) of this Independent Directors Plan, an Independent Director may elect to defer and have credited to his or her Deferral Account for any calendar year up to one hundred percent (100%) of his or her Directors Compensation (as defined below). In addition, pursuant to Section 5(f)(i) of this Independent Directors Plan, on each Grant Date the Stock Units awarded to an Independent Director pursuant to Section 5 of this Independent Directors Plan shall be automatically credited to the applicable Independent Directors Deferral Account. For purposes of this Independent Directors Plan, the term Directors Compensation means the amounts payable in cash to an Independent Director for a calendar year for the Independent Directors service on the Board for such calendar year including, without limitation, annual retainer and meeting fees. Notwithstanding anything herein to the contrary, no deferrals shall be made pursuant to this Independent Directors Plan from and after January 1, 2009.
(ii) Independent Directors shall make their elections to defer all or a portion of their Directors Compensation for a calendar year by December 1, but no later than December 31, immediately prior to the beginning of the calendar year in which the Directors Compensation is to be earned, or within thirty (30) calendar days of eligibility to participate for a partial calendar year (with respect to Directors Compensation not yet earned). Any election pursuant to Section 6(a)(i) of this Independent Directors Plan shall be made by the Independent Director by completing and delivering to the Company an election form provided by the Company (a Deferral Election Form ) for such calendar year no later than the last day of the next preceding calendar year, except with respect to a person who first becomes eligible to participate in this Independent Directors Plan during a calendar year, which Independent Director may make such elections within 30 days after first becoming eligible to participate in this Independent Directors Plan, and which elections shall apply only to amounts of Directors Compensation paid for services to be performed after the date of such election.
(iii) All deferral elections shall be irrevocable for the calendar year in which they are in effect. Once made, an Independent Directors deferral election shall remain in effect for all subsequent calendar years for which the Independent Director is an Independent Director unless and until the Independent Director increases, decreases, or terminates such election by submitting a new Deferral Election Form to the Company. Deferral election changes must be submitted to the Company no later than the last day of the calendar year next preceding the calendar year for which the change is to be effective.
(b) Distributions .
(i) Distribution Elections . Other than with respect to Stock Units awarded on the Effective Date, no later than the December 31 of each calendar year, each Independent Director who is then eligible to receive an award of Stock Units pursuant to Section 5 of this Independent Directors Plan shall be required to complete and submit to the Committee an election on a form provided by the Company (a Distribution Election Form ) as to the timing and form of distributions from his or her Deferral Account with respect to amounts attributable to (i) the Stock Units awarded on the next following Grant Date and (ii) any Directors Compensation deferred pursuant to Section 6(a) of this Independent Directors Plan with respect to the next following calendar year. If no valid distribution election is made with respect to an award of Stock Units, the portion of the Participants Deferral Account that is attributable to such award shall be distributed, subject to Section 5(e)(iii) of this Independent Directors Plan, in the form of a lump sum payment on the second anniversary of the final Vesting Date of such award. If no valid distribution election is made with respect to Directors Compensation deferred pursuant to Section 6(a) of this Independent Directors Plan, the portion of the Participants Deferral Account that is attributable to such amounts shall be distributed in the form of a lump sum payment upon termination of the Independent Directors service as a member of the Board.
(ii) Scheduled In-Service Distributions .
(1) Lump Sum or Installment Payments . A Participant may elect on a Distribution Election Form to receive distributions from the vested portion of his or her Deferral Account while he or she is still a member of the Board (an In-Service Distribution ) in (A) a single lump sum payment, or (B) annual installment payments over a period of five (5) or ten (10) years, with the amount of each payment determined as set forth in Section 6(b)(viii) of this Independent Directors Plan. If the amount a Participant elects to receive pursuant to an In-Service Distribution is less than $100,000, payment shall be made in a single lump sum. If a Participant elects to receive installment payments under (B) above, the amount of each installment payment shall be equal to the balance remaining in the portion of the Participants Deferral Account that is subject to such installment election (as determined immediately prior to each such payment), multiplied by a fraction, the numerator of which is one (1), and the denominator of which is the total number of remaining installment payments. The installment amount shall be adjusted annually to reflect gains and losses, if any, allocated to such Participants Deferral Account pursuant to Section 6(c)(ii).
(2) Time of Distributions . A Participants election under this Section 6(b)(ii) must specify the future year in which the payment of the deferred amounts shall commence, provided that the year in which an In-Service Distribution of amounts attributable to an award of Stock Units is to commence must be at least two (2) years after the final Vesting Date of such award.
(3) Separate Annual Elections . Any desired In-Service Distribution must be separately elected for each Stock Unit award and for any Directors Compensation deferred in any one calendar year. Thus, to elect a scheduled In-Service Distribution with respect to a specific years Stock Units and Directors Compensation, a new Distribution Election Form must be submitted during the applicable election period. Once the applicable election period has passed, an In-Service Distribution may not be elected for that the portion of the Participants Deferral Account attributable to Stock Units awarded and Directors Compensation earned in that year.
(4) Amendment of Election . A Participant may delay the commencement of an In-Service Distribution or amend his or her election as to the form of the distribution at any time provided that (A) such amendment must be made in the manner specified by the Committee at least one (1) calendar year prior to the date the distribution would otherwise commence, (B) the amendment will not take effect until at least one (1) calendar year after the amendment is submitted, and (C) the amendment provides for the deferral of the date of payments commence for a minimum of five (5) additional years. For purposes of the limitation set forth clause (C) of the preceding sentence, distributions that are to be paid in installments (as opposed to in a lump sum) shall be treated as a single payment payable on the date the installments are due to commence. Any change in the form or timing of payment may not accelerate distributions to the Participant, except to the extent permitted under Section 409A of the Code without the imposition of the additional tax set forth in Section 409A(a)(1)(B) of the Code.
(5) Termination of Board Service Prior to Completion of In-Service Distribution . If a Participants Board service with the Company terminates for any reason prior to receiving full payment of an In-Service Distribution or while he or she is receiving scheduled installment payments pursuant to this Section 6(b)(ii), the unpaid portion of the Participants elected distribution shall be paid in accordance with Section 6(b)(iii) below.
(iii) Distributions upon Termination of Board Service for Reasons Other Than Death .
(1) Lump Sum or Installment Payments . As an alternative to electing an In-Service Distribution under Section 6(b)(ii) of this Independent Directors Plan, a Participant may elect on a Distribution Election Form to receive the vested balance credited to his or her Deferral Account following termination of Board service for any reason other than death in (A) a single lump sum payment, or (B) annual installment payments over a period of five (5) or ten (10) years, with the amount of each payment determined as set forth in Section 6(b)(viii) of this Independent Directors Plan. If the amount a Participant elects to receive pursuant to an In-Service Distribution is less than $100,000, payment shall be made in a single lump sum. If a Participant elects to receive installment payments under (B) above, the amount of each installment payment shall be equal to the balance remaining in the portion of the Participants Deferral Account that is subject to such installment election (as determined immediately prior to each such payment), multiplied by a fraction, the numerator of which is one (1), and the denominator of which is the total number of remaining installment payments. The installment amount shall be adjusted annually to reflect gains and losses, if any, allocated to such Participants Deferral Account pursuant to Section 6(c)(ii).
(2) Death of Participant . If a Participant dies prior to receiving full payment his or her Deferral Account as elected under this Section 6(b)(iii), the balance of the vested portion of such Participants Deferral Account shall be paid to the Participants designated beneficiary in the form of a lump sum as soon as administratively practicable following the Participants death. The amount of any such lump sum payment shall be determined as set forth in Section 6(b)(viii).
(iv) Stock Units Awarded on Effective Date . Notwithstanding anything herein to the contrary, that portion of a Participants Deferral Account that is attributable the award of Stock Units pursuant to Section 5 of this Independent Directors Plan on the Effective Date shall be distributed, subject to Section 5(e)(iii) of this Independent Directors Plan, in the form of a lump sum payment on the third anniversary of the Effective Date.
(v) Form of Distribution . That portion of a Participants Deferral Account that remains notionally invested, at the time of distribution, in Stock Units and/or Common Shares shall be distributed in the form of Common Shares. That portion of a Participants Deferral Account that is notionally invested, at the time of distribution, in any investment alternative other than Stock Units or Common Shares shall be distributed in cash.
(vi) Financial Hardship . The Committee shall have the authority to alter the timing or manner of payment of amounts credited to a Participants Deferral Account in the event that the Participant establishes, to the satisfaction of the Committee, severe financial hardship (as defined herein). For purposes of this Section 6(b)(vi), severe financial hardship shall mean any financial hardship resulting from the illness or injury of a Participant or dependent (as determined by the Committee), the casualty loss of a Participants real or personal property, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. In any event, payment under this Section 6(b)(vi) may not be made to the extent such emergency is or may be relieved: (A) through reimbursement or compensation by insurance or otherwise; or (B) by liquidation of the Participants assets, to the extent the liquidation of such assets would not itself cause severe financial hardship. Withdrawals of amounts because of a severe financial hardship may only be permitted to the extent reasonably necessary to satisfy the hardship, plus to pay taxes on the withdrawal. The Participants Deferral Account will be credited with earnings in accordance with this Section 6 up to the date of distribution.
(vii) Incompetence of Distributee . In the event that it shall be found that a person entitled to receive payment under the Plan (including a designated beneficiary) is a minor or is physically or mentally incapable of personally receiving and giving a valid receipt for any payment due (unless prior claim therefor shall have been made by a duly qualified committee or other legal representative), such payment may be made to any person whom the Committee in its sole discretion determines is entitled to receive it, and any such payment shall fully discharge the Company, the Company, the Committee and the Plan from any further liability to the person otherwise entitled to payment hereunder, to the extent of such payment.
(viii) Value of Stock Units on Distribution . In the event of a distribution hereunder, the amount payable to the Participant receiving such distribution shall be as follows:
(A) In the event Participant has selected an investment other than Stock Units or Common Shares, and such Participant has elected to take payment of the Deferral Account in a lump sum payout, or a lump sum payout is otherwise required hereunder, the Company shall pay the Participant an amount in cash equal to the balance in such Participants Deferral Account as of the date elected by the Participant, or as of the date of the event requiring such lump sum payout, as the case may be.
(B) In the event Participant has selected investment an investment other than Stock Units or Common Shares, and such Participant has elected to take payment of the Deferral Account in installments, the Company shall pay the Participant annually installment payments, with each payment equal to the balance of the Deferral Account on the applicable anniversary date selected by Participant, divided by the number of installments remaining.
(C) In the event Participant has selected investment in Stock Units and/or Common Shares, and such Participant has elected to take payment of the Deferral Account in a lump sum payout, or a lump sum payout is otherwise required hereunder, the Company shall, subject to Section 16 of the Plan, issue to the Participant a number of Common Shares equal to the number of Stock Units and Common Shares in such Participants Deferral Account.
(D) If Participant has selected investment in Stock Units and/or Common Shares, and such Participant has elected to take payment of the Deferral Account in installment payouts, such Participant shall receive on each installment payment date, subject to Section 16 of the Plan, a number of Common Shares equal to the total number of Stock Units and Common Shares in such Participants Deferral Account, divided by the number of installments elected.
(E) Any distributions due by the Company under this Section 6 shall be made as soon as administratively feasible, but, subject to Section 16 of the Plan, in no event later than the thirtieth (30th) day after the day the amount of such payment is determined pursuant to this Section 6(b)(viii).
(ix) Section 457A . Notwithstanding anything herein to the contrary, to the extent necessary for this Independent Directors Plan to comply with Section 457A of the Code, all amounts deferred pursuant to this Independent Directors Plan and not distributed in accordance with the terms hereof before December 31, 2017 shall be distributed in lump sum to the applicable Participant on December 31, 2017.
(c) Deferral Accounts .
(i) Participants Accounts . The Company shall establish and maintain an individual bookkeeping Deferral Account for each Participant. Each Deferral Account shall be credited with Stock Units in accordance with Section 6(a) of this Independent Directors Plan, generally within five (5) business days of the applicable Grant Date, and as provided in Section 6(c)(ii). Each Deferral Account shall be credited with the value of any Directors Compensation deferred in accordance with Section 6(a) of this Independent Directors Plan, generally within five (5) business days of the date on which such amounts would have otherwise been paid to the applicable Independent Director, and as provided in Section 6(c)(ii). Except as set forth in Section 5(e), each Participant shall be fully vested in his or her Deferral Account at all times.
(ii) Earnings on Deferred Amounts .
(1) A Participants Deferral Account shall be credited with earnings (or losses) based on a deemed investment of the Participants Deferral Account, as directed by each Participant, which deemed investment shall be Stock Units/Common Shares or one or more hypothetical investment alternatives made available by the Committee from time to time; provided, however, that amounts credited to a Participants Deferral Account in respect of an award Stock Units under this Independent Directors Plan must remain invested Stock Units and/or Common Shares. A Participant shall have no voting rights or any other rights as a holder of Common Shares with respect to any Stock Units or Common Shares allocated to his or her Deferral Account; provided , however , that notwithstanding the foregoing, to the extent a Participant has had Common Shares credited to such Participants Deferral Account and the Company pays cash dividends with respect to the Common Shares, such Participants Deferral Account will be credited with an additional number of Common Shares equal to (A) the dividend per Common Share multiplied by (B) the number of Common Shares in such Participants Deferral Account divided by (C) the Fair Market Value of one Common Share on the date such dividend is paid to the holders of Common Shares.
(2) Deemed earnings (and losses) on a Participants Deferral Account shall be credited to a Participants Deferral Account on a daily basis. Any portion of a Participants Deferral Account which is subject to distribution in installments shall continue to be credited with deemed earnings (or losses) until fully paid out to the Participant.
(3) The Committee reserves the right to change the options available for deemed investments under the Plan from time to time, or to eliminate any such option at any time. A Participant may specify a separate investment allocation with respect any portion of his or her Deferral Account, subject to limitations imposed by the Committee. Participants may modify their deemed investment instructions each business day with respect to any portion (whole percentages only) of their Deferral Account; provided they notify the Committee or its designee within the time and in the manner specified by the Committee. Elections and amendments thereto pursuant to this Section 6(c)(ii) shall be made in the manner prescribed by the Committee.
(iii) Designation of Beneficiary . Each Participant may designate a beneficiary or beneficiaries (each a Beneficiary ) who, upon the Participants death, or physical or mental incapacity will receive the amounts that otherwise would have been paid to the Participant under this Independent Directors Plan. All designations shall be signed by the Participant, and shall be in such form as prescribed by the Committee. Each designation shall be effective as of the date delivered to the Committee or its designee by the Participant. Participants may change their beneficiary designations on such form as prescribed by the Committee. The payment of amounts credited to a Participants Deferral Account shall be in accordance with the last unrevoked written beneficiary designation that has been signed by the Participant and delivered to the Committee or its designee prior to the Participants death. In the event that all the beneficiaries named by a Participant pursuant to this Section 6(c)(iii) predecease the Participant, the deferred amounts that would have been paid to the Participant or the Participants beneficiaries shall be paid to the Participants estate. In the event a Participant does not designate a beneficiary, or for any reason such designation is ineffective, in whole or in part, the amounts that otherwise would have been paid to the Participant or the Participants beneficiaries under the Plan shall be paid to the Participants estate.
(d) Trust. Nothing contained in this Independent Directors Plan shall create a trust of any kind or a fiduciary relationship between the Company and any Participant. Nevertheless, the Company may establish one or more trusts, with such trustee(s) as the Committee may approve, for the purpose of providing for the payment of deferred amounts and earnings thereon. Such trust or trusts may be irrevocable, but the assets thereof shall be subject to the claims of the Companys general creditors upon the bankruptcy or insolvency of the Company.
(e) Nontransferability . Participants rights to deferred amounts and earnings credited thereon under the Independent Directors Plan may not be sold, transferred, assigned, or otherwise alienated or hypothecated, other than by will or by the laws of descent and distribution, or pursuant to a domestic relations order, nor shall the Company make any payment under the Independent Directors Plan to any assignee or creditor of a Participant.
7. Rights of Participants.
(a) Contractual Obligation. The Independent Directors Plan shall create an unfunded, unsecured contractual obligation on the part of the Company to make payments due under Stock Unit awards, and to make payments from the Participants Deferral Accounts when due. Payments under the Independent Directors Plan shall be made out of the general assets of the Company or from the trust or trusts referred to in Section 6(d) above.
(b) Unsecured Interest. No Participant or party claiming an interest in benefits of a Participant hereunder shall have any interest whatsoever in any specific asset of the Company. To the extent that any party acquires a right to receive payments under the Independent Directors Plan, such right shall be equivalent to that of an unsecured general creditor of the Company. Each Participant, by participating hereunder, agrees to waive any priority creditor status with respect to any amounts due hereunder. The Company shall have no duty to set aside or invest any amounts credited to Participants Deferral Accounts or Stock Unit awards under this Independent Directors Plan. Accounts established hereunder are solely for bookkeeping purposes and the Company shall not be required to segregate any funds based on such accounts.
8. Miscellaneous.
(a) Notice. Any notice or filing required or permitted to be given to the Company under the Independent Directors Plan shall be sufficient if in writing and hand delivered, or sent by registered or certified mail to the Committee, and if mailed, shall be addressed to the principal executive offices of the Company. Notice mailed to a Participant shall be at such address as is given in the records of the Company. Notices to the Company shall be deemed given as of the date of delivery. Notice to a Participant or beneficiary shall be deemed given as of the date of hand delivery, or if delivery is made by mail, three (3) days following the postmark date.
(b) Costs of the Independent Directors Plan. All costs of implementing and administering the Independent Directors Plan shall be borne by the Company.
9. Amendments and Termination
The Company reserves the right to amend, modify, or terminate the Independent Directors Plan (in whole or in part) at any time by action of the Board or the Committee, with or without prior notice. Except as described below in this Section 9, no such amendment or termination shall in any material manner adversely affect any Participants rights to any amounts already deferred or credited hereunder or deemed earnings thereon, up to the point of amendment or termination, without the consent of the Participant. Termination of the Independent Directors Plan shall not be a permitted distribution event, except to the extent permitted under Section 409A of the Code without the imposition of any additional taxes or other penalties under Section 409A of the Code. If payout is commenced pursuant to the operation of this Section 9, the payment of deferred amounts and earnings thereon shall be made in the manner selected by each Participant under Section 6(b)(iii) herein (other than the commencement date).
Subject to the above provisions, the Board shall have broad authority to amend the Independent Directors Plan to take in to account changes in applicable securities and tax laws and accounting rules.
10. General Provisions
(a) Additional Compensation Arrangements. Nothing contained in this Independent Directors Plan shall prevent the Board from adopting other or additional compensation arrangements, subject to stockholder approval if such approval is required, and such arrangements may be either generally applicable or applicable only in specific cases.
(b) No Right to Continued Service. Neither the adoption of the Independent Directors Plan nor the award of Stock Units hereunder shall confer upon any individual any right to continued service as a member of the Board, nor shall it interfere in any way with the right of the Company to terminate the service of an individual at any time.
(c) Arbitration. Any individual making a claim for benefits under this Independent Directors Plan may contest the Committees decision to deny such claim or appeal therefrom only by submitting the matter to binding arbitration before a single arbitrator. Any arbitration shall be held in Los Angeles, California, unless otherwise agreed to by the Committee. The arbitration shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrators authority shall be limited to the affirmation or reversal of the Committees denial of the claim or appeal, based solely on whether or not the Committees decision was arbitrary or capricious, and the arbitrator shall have no power to alter, add to, or subtract from any provision of this Independent Directors Plan. Except as otherwise required by applicable law, the arbitrators decision shall be final and binding on all parties, if warranted on the record and reasonably based on applicable law and the provisions of this Independent Directors Plan. The arbitrator shall have no power to award any punitive, exemplary, consequential or special damages, and under no circumstances shall an award contain any amount that in any way reflects any of such types of damages. Each party shall bear its own attorneys fees and costs of arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
11. Governing Law.
The Independent Directors Plan and all awards made and actions taken thereunder shall be governed by and construed in accordance with the internal laws of the State of California.
Exhibit 10.40
THIRD AMENDMENT TO CREDIT AGREEMENT
Dated as of May 4, 2015
among
HERBALIFE INTERNATIONAL, INC., HERBALIFE LTD. and
HERBALIFE INTERNATIONAL LUXEMBOURG S.À R.L.,
as Borrowers,
BANK OF AMERICA, N.A.,
as Administrative Agent, Swing Line Lender and L/C Issuer,
and
The Other Lenders Party Hereto
COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A.,
RABOBANK NEDERLAND, NEW YORK BRANCH
as Documentation Agent for the Revolving Credit Facility
MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED
and J.P. MORGAN SECURITIES LLC
as Joint Lead Arrangers and Joint Book Managers for the Revolving Credit Facility
COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A.,
RABOBANK NEDERLAND, NEW YORK BRANCH
and HSBC BANK USA, NATIONAL ASSOCIATION
as Co-Syndication Agents for the Term A Facility
WELLS FARGO BANK, NATIONAL ASSOCIATION
as Documentation Agent for the Term A Facility
MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED,
COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A.,
RABOBANK NEDERLAND, NEW YORK BRANCH,
HSBC SECURITIES (USA) INC.
WELLS FARGO SECURITIES, LLC
as Joint Lead Arrangers and Joint Book Managers for the Term A Facility
MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED
as Sole Lead Arranger and Book Manager
for the Third Amendment to Credit Agreement
THIRD AMENDMENT TO CREDIT AGREEMENT
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this Amendment ) dated as of May 4, 2015 to the Credit Agreement referenced below is by and among HERBALIFE INTERNATIONAL, INC., a Nevada corporation (the Company ), HERBALIFE LTD., a Cayman Islands exempted company incorporated with limited liability, with registered number 116838 ( Holdings ), HERBALIFE INTERNATIONAL LUXEMBOURG S.À R.L., a Luxembourg private limited liability company ( société à responsabilité limitée ), having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, having a share capital of EUR 25,000 and registered with the Luxembourg Register of Commerce and Companies (R.C.S Luxembourg) under number B 88.006 ( HIL and, together with the Company and Holdings, the Borrowers and, each a Borrower ), each Guarantor party hereto, each Lender party hereto, and BANK OF AMERICA, N.A. ( Bank of America ), as Administrative Agent (in such capacity, the Administrative Agent ), Swing Line Lender and L/C Issuer.
W I T N E S S E T H
WHEREAS, the Borrowers, certain Lenders and Bank of America, as Administrative Agent, Swing Line Lender and L/C Issuer, are party to that certain Credit Agreement dated as of March 9, 2011, as amended and restated pursuant to that certain First Amendment to Credit Agreement dated as of July 26, 2012, and as further amended pursuant to the Second Amendment to Credit Agreement dated as of February 3, 2014 (the Existing Credit Agreement );
WHEREAS, the Borrowers have requested that (a) each Revolving Credit Lender (under and as defined in the Existing Credit Agreement) and (b) the Required Lenders (under and as defined in the Existing Credit Agreement) approve certain amendments and modifications to the Existing Credit Agreement, including the extension of the Maturity Date under the Existing Credit Agreement with respect to the Revolving Credit Facility; and
WHEREAS, each Revolving Credit Lender and the Required Lenders have approved the amendments and modifications to the Existing Credit Agreement requested by the Borrowers, as set forth in this Amendment.
NOW, THEREFORE, IN CONSIDERATION of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Defined Terms . Capitalized terms used herein but not otherwise defined herein shall have the meanings provided to such terms in the Amended Credit Agreement (as defined below).
2. Amendment and Restatement . The Existing Credit Agreement (including the Schedules (other than Schedules 5.06, 5.11, 7.01 and 7.03) and Exhibits thereto) is hereby amended and restated in its entirety to read in the form attached hereto as Exhibit A to this Amendment (the Amended Credit Agreement ). Except as specifically set forth herein, the amendment and restatement in its entirety of the Existing Credit Agreement shall not, in any manner, be construed to constitute payment of, or impair, limit, cancel or extinguish, or
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constitute a novation in respect of, the Obligations under (and as defined in) the Existing Credit Agreement and the other Loan Documents (as defined in Existing Credit Agreement). All Loans and other Obligations outstanding under (and as defined in) the Existing Credit Agreement immediately prior to the effectiveness of this Amendment shall continue to be outstanding as Revolving Credit Loans and Obligations, respectively, under the Amended Credit Agreement upon the effectiveness of this Amendment, and the terms of the Amended Credit Agreement will govern the rights and obligations of the Loan Parties, the Lenders and the Administrative Agent with respect thereto.
3. Reduction of Commitments; Prepayment .
(a) The Company hereby (i) gives notice that the aggregate amount of Revolving Credit Loans outstanding for the account of Holdings shall be voluntarily prepaid on the Restatement Effective Date in an aggregate principal amount of $50,937,500 in accordance with Section 2.05(a) of the Existing Credit Agreement, and (ii) requests that the Aggregate Revolving Commitments shall be permanently reduced on the Restatement Effective Date in an aggregate principal amount of $235,937,500 in accordance with Section 2.06 of the Existing Credit Agreement. Notwithstanding anything set forth herein or in the Credit Agreement to the contrary, the Lenders party hereto and the Administrative Agent hereby waive: (i) the requirement in clause (i) of such Section 2.05(a) that the Administrative Agent receive prior notice of such prepayment of Revolving Credit Loans; (ii) the requirement in clause (i) of such Section 2.06 that the Administrative Agent receive prior notice of such reduction of the Aggregate Revolving Commitments; and (iii) the requirement in such Section 2.05(a) that such prepayment of Revolving Credit Loans be accompanied by the payment of amounts in respect of any losses, costs or expenses incurred by the Lenders party hereto as a result of the prepayment of the Revolving Credit Loans pursuant to clause (a) of Section 3.05 of the Credit Agreement. In furtherance of the foregoing, the Lenders party hereto and the Administrative Agent hereby confirm that the provisions of this Amendment constitute notice to the Administrative Agent and the Lenders of such prepayment of Revolving Credit Loans and notice of such reduction of the Aggregate Revolving Commitments, and that amounts payable pursuant to clause (a) of Section 3.05 shall not be required to be made to the Lenders party hereto in respect of such prepayment of Revolving Credit Loans.
(b) The Company hereby gives notice that the Term A Loans shall be voluntarily prepaid on the Restatement Effective Date in an aggregate principal amount of $20,312,500 in accordance with Section 2.05(a) of the Existing Credit Agreement, and such prepayment of the Term A Loans shall be applied solely to the final principal repayment installment on the Maturity Date of the Term A Loans. Notwithstanding anything set forth herein or in the Credit Agreement to the contrary, the Lenders party hereto and the Administrative Agent hereby waive: (i) the requirement in clause (i) of such Section 2.05(a) that the Administrative Agent receive prior notice of such prepayment; (ii) the requirement in such Section 2.05(a) that each prepayment of the outstanding Term A Loans pursuant to such Section 2.05(a) be applied to the principal repayment installments thereof on a pro-rata basis; and (iii) the requirement in such Section 2.05(a) that such prepayment be accompanied by the payment of amounts in respect of any losses, costs or expenses incurred by the Lenders party hereto as a result of the prepayment of the Term A Loans pursuant to clause (a) of Section 3.05 of the Credit Agreement. In furtherance of the foregoing, the Lenders party hereto and the Administrative
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Agent hereby confirm that the provisions of this Amendment constitute notice to the Administrative Agent and the Lenders of such prepayment of Term A Loans, such prepayment shall be applied solely to the final principal repayment installment on the Maturity Date of the Term A Loans (notwithstanding Section 2.05(a)), and amounts payable pursuant to clause (a) of Section 3.05 shall not be required to be made to the Lenders party hereto in respect of such prepayment of Term A Loans.
4. Conditions Precedent . The effectiveness of this Amendment and the Amended Credit Agreement shall be subject to satisfaction of the following conditions:
(a) The Administrative Agents receipt of the following, each of which shall be originals or electronic copies (followed promptly by originals) unless otherwise specified, each properly executed by a Responsible Officer of the signing Loan Party, each dated the Restatement Effective Date (or, in the case of certificates of governmental officials, a recent date before the Restatement Effective Date) and each in form and substance satisfactory to the Administrative Agent and each of the Lenders:
(i) executed counterparts of this Amendment by (A) each Revolving Credit Lender, (B) Lenders constituting the Required Lenders, and (C) the Loan Parties;
(ii) Notes executed by each Borrower in favor of each Lender requesting Notes;
(iii) executed counterparts of the Guaranties, duly executed by each Guarantor;
(iv) the Security Agreement, duly executed by each Loan Party that is a Domestic Subsidiary of Holdings, together with:
(A) certificates representing the Pledged Equity Interests referred to therein, accompanied by undated stock powers and/or share transfer forms executed in blank, and instruments evidencing the Pledged Debt referred to therein, indorsed in blank;
(B) proper Financing Statements in form appropriate for filing under the Uniform Commercial Code of all jurisdictions that the Administrative Agent may deem necessary or desirable in order to perfect the Liens created under the Collateral Documents, covering the Collateral described in the Collateral Documents;
(C) a completed Perfection Certificate, listing all effective financing statements filed in the jurisdictions referred to in clause (B) above that name any Loan Party as debtor, together with copies of such other financing statements;
(D) evidence that all other actions that the Administrative Agent may reasonably deem necessary or desirable in order to perfect the Liens created under the Collateral Documents have been taken, and all filing and recording fees and taxes shall have been duly paid;
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(v) intellectual property security agreements (the U.S. IP Security Agreements ), duly executed by each Loan Party that is a Domestic Subsidiary of Holdings, together with evidence that all actions that the Administrative Agent may deem reasonably necessary or desirable in order to perfect the Liens created under the U.S. IP Security Agreements has been taken;
(vi) each pledge and security agreement or mortgage delivered with respect to the Equity Interests of and in each Foreign Obligor (other than Holdings), the Equity Interests of each Subsidiary of each Foreign Obligor that is organized or incorporated (as applicable) in any jurisdiction where any Loan Party is organized or incorporated (as applicable), and the IP Rights of such Foreign Loan Parties, in each case other than with respect to any Excluded Assets, but including:
(A) each BVI Security Document, duly executed by each Loan Party that is a party thereto;
(B) each Cayman Security Document, duly executed by each Loan Party that is a party thereto;
(C) each Gibraltar Security Document, duly executed by each Loan Party that is a party thereto;
(D) each Luxembourg Security Document, duly executed by each Loan Party that is a party thereto; and
(E) evidence that all other actions that the Administrative Agent may deem necessary or desirable in order to perfect or register the Liens created under the BVI Security Documents, the Cayman Security Documents, the Gibraltar Security Documents and the Luxembourg Security Documents, in each case, have been taken and all filing and recording fees and taxes in respect thereof shall have been duly paid;
(vii) the documents and deliveries described in Section 6.13(a)(i)(F) of the Amended Credit Agreement with respect to each Material Real Property listed on Schedule 5.25 to the Amended Credit Agreement (including, without limitation, a duly executed, acknowledged and delivered original Mortgage in form suitable for recording);
(viii) such certificates of resolutions or other action, incumbency certificates and/or other certificates of Responsible Officers of each Loan Party as the Administrative Agent may reasonably require evidencing the identity, authority and capacity of each Responsible Officer thereof authorized to act as a Responsible Officer in connection with this Agreement and the other Loan Documents to which such Loan Party is a party;
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(ix) such documents and certifications as the Administrative Agent may reasonably require (but only to the extent such concepts exist under applicable law) to evidence that each Loan Party is duly organized, incorporated or formed, and that each Loan Party is validly existing, in good standing and qualified to engage in business in each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect;
(x) in respect of any Luxembourg Loan Party, a managers certificate signed by a manager of the relevant Luxembourg Loan Party, certifying the following items: (i) an up-to-date copy of the articles of association of the relevant Luxembourg Loan Party; (ii) an electronic true and complete certified excerpt of the Luxembourg Companies Register pertaining to the relevant Luxembourg Loan Party dated as of the date of this Amendment; (iii) an electronic true and complete certified certificate of non-registration of judgment ( certificat de non-inscription dune décision judiciaire ) dated as of the date of this Amendment issued by the Luxembourg Companies Register and reflecting the situation no more than one Business Day prior to the date of this Amendment certifying that, as of the date of the day immediately preceding such certificate, the relevant Luxembourg Loan Party has not been declared bankrupt ( en faillite ), and that it has not applied for general settlement or composition with creditors ( concordat préventif de faillite ), controlled management ( gestion contrôlée ), or reprieve from payment ( sursis de paiement ), judicial or voluntary liquidation ( liquidation judiciaire ou volontaire ), such other proceedings listed at Article 13, items 2 to 11, 13 and Article 14 of the Luxembourg Act dated December 19, 2002 on the Register of Commerce and Companies, on Accounting and on Annual Accounts of the Companies (as amended from time to time), (and which include foreign court decisions as to faillite , concordat or analogous procedures according to Council Regulation (EC) n°1346/2000 of May 29, 2000 on insolvency proceedings); (iv) true, complete and up-to-date board resolutions approving the entry by the relevant Luxembourg Loan Party into, among others, the Loan Documents; (v) the relevant Luxembourg Loan Party is not subject to nor, as applicable, does it meet or threaten to meet the criteria of bankruptcy ( faillite ), voluntary or judicial liquidation ( liquidation volontaire ou judiciaire ), composition with creditors ( concordat préventif de faillite ), controlled management ( gestion contrôlée ), reprieve from payment ( sursis de paiement ), general settlement with creditors or similar laws affecting the rights of creditors generally and no application has been made or is to be made by its manager or, as far as it is aware, by any other person for the appointment of a commissaire , juge-commissaire , liquidateur , curateur or similar officer pursuant to any voluntary or judicial insolvency, winding-up, liquidation or similar proceedings, (vi) a true and complete specimen of signatures for each of the managers or authorized signatories having executed for and on behalf of the relevant Luxembourg Loan Party the Loan Documents, (vii) a certificate of the domiciliation agent certifying due compliance by the relevant Luxembourg Loan Party with, and adherence to, the provisions of the Luxembourg Law dated 31 May 1999 concerning the domiciliation of companies, as amended, and the related circulars issued by the Commission de Surveillance du Secteur Financier , and (viii) true, complete and up-to-date shareholders registers of each of the relevant Luxembourg Loan Parties reflecting the registration of the relevant Luxembourg Security Documents;
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(xi) favorable opinions of (A) Gibson, Dunn & Crutcher LLP, special counsel to the Loan Parties, (B) Fennemore Craig, P.C., Nevada counsel to the Loan Parties, (C) Maples and Calder, British Virgin Islands counsel to the Loan Parties, (D) Maples and Calder, Cayman Islands counsel to the Loan Parties, (E) Hassans International Law Firm, Gibraltar counsel to the Loan Parties, (F) NautaDutilh Avocats Luxembourg S.à r.l., Luxembourg counsel to the Administrative Agent and the Lenders, with respect to the enforceability of the Luxembourg Security Documents, and (G) DLA Piper Luxembourg S.à r.l., Luxembourg counsel to the Loan Parties, with respect to the capacity of the Luxembourg Loan Parties to enter into the Loan Documents, in each case, in form and substance reasonably acceptable to the Administrative Agent, each addressed to the Administrative Agent and each Lender;
(xii) a certificate of a Responsible Officer of Holdings either (A) attaching copies of all consents, licenses and approvals required in connection with the execution, delivery and performance by each Loan Party and the validity against each Loan Party of the Loan Documents to which it is a party, and such consents, licenses and approvals shall be in full force and effect, or (B) stating that no such consents, licenses or approvals are so required;
(xiii) a certificate signed by a Responsible Officer of the Borrowers certifying that the conditions specified in clauses (b), (c), (d) and (e) of this Section 4 have been satisfied;
(xiv) a certificate from the chief executive officer of Holdings in form and substance satisfactory to the Administrative Agent and the Lenders as to the financial condition and Solvency of Holdings and its Subsidiaries on a consolidated basis (after giving effect to the transactions contemplated hereby);
(xv) the consolidated forecasted balance sheet, statements of income and cash flows of Holdings and its Subsidiaries prepared by Holdings in form reasonably satisfactory to the Administrative Agent for each fiscal year commencing with the fiscal year ending December 31, 2015 through and including the fiscal year ending December 31, 2019; and
(xvi) evidence that all insurance required to be maintained pursuant to the Loan Documents has been obtained and is in effect, together with the certificates of insurance, naming the Administrative Agent, on behalf of the Secured Parties, as an additional insured or loss payee, as the case may be, under all insurance policies (including flood insurance policies) maintained with respect to the assets and properties of the Loan Parties that constitutes Collateral.
(b) There shall not have occurred since the date of the Audited Financial Statements any event, circumstance or condition that has had or would be reasonably expected, either individually or in the aggregate, to have a Material Adverse Effect.
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(c) The absence of any action, suit, investigation or proceeding pending or, to the knowledge of the Borrowers, threatened in writing in any court or before any arbitrator or Governmental Authority that could reasonably be expected to have a Material Adverse Effect.
(d) The representations and warranties of (i) the Borrowers contained in Article V of the Amended Credit Agreement and (ii) each Loan Party contained in each other Loan Document or in any document furnished at any time under or in connection herewith or therewith, shall be true and correct in all material respects (except that any representation or warranty that is qualified by materiality or Material Adverse Effect shall be true and correct in all respects) on and as of the proposed Restatement Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except that any representation or warranty that is qualified by materiality or Material Adverse Effect shall be true and correct in all respects) as of such earlier date, and except that for purposes of this clause (d), the representations and warranties contained in clauses (a) and (b) of Section 5.05 of the Amended Credit Agreement shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b) of Section 6.01 of the Existing Credit Agreement, respectively.
(e) No Default shall exist or would result from the execution and delivery of this Amendment.
(f) The Aggregate Revolving Commitments shall have been (or substantially concurrently herewith, shall be) permanently reduced in an aggregate principal amount of not less than $235,937,500. The outstanding Revolving Credit Loans shall have been (or substantially concurrently herewith, shall be) voluntarily prepaid in an aggregate principal amount of not less than $50,937,500. The Term A Loans shall have been (or substantially concurrently herewith, shall be) prepaid in an aggregate principal amount of not less than $20,312,500 (which such prepayment shall have been (or substantially concurrently herewith, shall be) applied solely to the final principal repayment installment on the Maturity Date of the Term A Loans).
(g) Any fees required to be paid on or before the Restatement Effective Date shall have been paid.
(h) Unless waived by the Administrative Agent, the Company shall have paid all reasonable and documented fees, charges and disbursements of counsel to the Administrative Agent and the Lenders (directly to such counsel if requested by the Administrative Agent) to the extent invoiced prior to or on the Restatement Effective Date, plus such additional amounts of such fees, charges and disbursements as shall constitute its reasonable estimate of such fees, charges and disbursements incurred or to be incurred by it through the closing proceedings (provided that such estimate shall not thereafter preclude a final settling of accounts between the Company and the Administrative Agent).
(i) The Lenders shall have received at least five business days prior to the Restatement Effective Date all documentation and other information about Holdings and its Subsidiaries as has been reasonably requested prior to the Restatement Effective Date as they reasonably determine is required by the regulatory authorities under applicable know your customer and anti-money laundering rules and regulations, including, without limitation, the PATRIOT Act.
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(j) The Administrative Agent and the Lenders party hereto shall have completed a due diligence investigation of Holdings and its subsidiaries in scope, and with results, satisfactory to the Administrative Agent and the Lenders.
Without limiting the generality of the provisions of the last paragraph of Section 9.03 of the Amended Credit Agreement, for purposes of determining compliance with the conditions specified in this Section 4 , each Lender that has signed this Amendment shall be deemed to have consented to, approved or accepted or to be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to a Lender unless the Administrative Agent shall have received notice from such Lender prior to the proposed Restatement Effective Date specifying its objection thereto. Upon receipt of each of the items required to be delivered by this Section 4 and confirmation by the Borrowers in a certificate signed by a Responsible Officer of the Borrowers that all conditions required this Section 4 have been satisfied, then the Restatement Effective Date shall be deemed to have occurred, regardless of any subsequent determination that one or more of the conditions thereto had not been met (although the occurrence of the Restatement Effective Date shall not release any Borrower, any other Loan Party or any of their respective Affiliates from any liability for failure to satisfy one or more of the applicable conditions contained in this Section 4 ).
5. Amendment is a Loan Document . This Amendment is a Loan Document and all references to a Loan Document in the Existing Credit Agreement, the Amended Credit Agreement and the other Loan Documents shall be deemed to include this Amendment.
6. Reaffirmation of Obligations . Each Loan Party (a) acknowledges and consents to all of the terms and conditions of this Amendment, (b) affirms all of its obligations, including, but not limited to, all guaranty obligations, under the Loan Documents after giving effect to this Amendment and (c) agrees that this Amendment and all documents executed in connection herewith do not operate to reduce or discharge such Loan Partys obligations under the Loan Documents. The amendment of the Credit Agreement by this Amendment shall not, in any manner, be construed to impair, limit, cancel or extinguish, or constitute a novation in respect of, the Obligations and the other Loan Documents.
7. Reaffirmation of Security Interests . Each Loan Party party to any Collateral Document (a) affirms that, as collateral security for the payment and performance in full of all the Obligations, such Loan Party hereby grants to the Administrative Agent (whether in its capacity as Collateral Agent or otherwise under any Collateral Document), for its benefit and for the benefit of the Secured Parties, a security interest in and continuing lien on all Collateral of such Loan Party, and that each of the Liens granted in or pursuant to the Loan Documents are valid and subsisting and (b) agrees that this Amendment shall in no manner impair or otherwise adversely affect any of the Liens granted in or pursuant to the Loan Documents.
8. No Other Changes . Except as modified hereby, all of the terms and provisions of the Loan Documents shall remain in full force and effect.
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9. Counterparts; Integration; Effectiveness . This Amendment may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Amendment, the Amended Credit Agreement and the other Loan Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4 , this Amendment shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by telecopy or other electronic imaging means shall be effective as delivery of a manually executed counterpart of this Agreement.
10. Governing Law; Service of Process .
(a) Governing Law . THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES THEREOF.
(b) Submission to Jurisdiction . EACH PARTY HERETO IRREVOCABLY CONSENTS TO SERVICE OF PROCESS IN THE MANNER PROVIDED FOR NOTICES IN SECTION 10.02 OF THE AMENDED CREDIT AGREEMENT. NOTHING IN THIS AGREEMENT WILL AFFECT THE RIGHT OF ANY PARTY HERETO TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY APPLICABLE LAW.
11. Waiver of Jury Trial . EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AMENDMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AMENDMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
12. General Release .
(a) In consideration of, among other things, the Administrative Agents and the Lenders execution and delivery of this Amendment, each of the Borrowers and the other Loan Parties, on behalf of itself and its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, Releasors ), hereby forever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter
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defined) and hereby forever waives, releases and discharges, to the fullest extent permitted by law, each Releasee from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity (collectively, the Claims ), against any or all of the Administrative Agent, the Lenders and the L/C Issuers (collectively, the Lender Parties ) in any capacity and their respective affiliates, subsidiaries, shareholders and controlling persons (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other representatives of each of the foregoing (collectively, the Releasees ), based in whole or in part on facts, whether or not now known, existing on or before the Restatement Effective Date, that relate to, arise out of or otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith, or (ii) any aspect of the dealings or relationships between or among the Borrowers and the other Loan Parties, on the one hand, and any or all of the Lender Parties, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by the Borrowers or any other Loan Party of any Loans or other financial accommodations made by any Lender Party on or after the date hereof shall constitute a ratification, adoption, and confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or in part on facts, whether or not now known or unknown, existing on or prior to the date of receipt of any such Loans or other financial accommodations. In entering into this Amendment, each Borrower and each other Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section shall survive the termination of the Amended Credit Agreement, the other Loan Documents and payment in full of the Obligations.
(b) Subject to Section 10.04(b) of the Amended Credit Agreement, each Borrower and each other Loan Party hereby agrees that it shall be, jointly and severally, obligated to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by or on behalf of any Person, including, without limitation, the respective officers, directors, agents, trustees, creditors, partners or shareholders of each Borrower, any other Loan Party, or any of their respective Subsidiaries, whether threatened or initiated, in respect of any claim for legal or equitable remedy under any statue, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of the Amended Credit Agreement, the other Loan Documents, this Amendment or any other document executed and/or delivered in connection herewith or therewith; provided , that neither any Borrower nor any other Loan Party shall have any obligation to indemnify or hold harmless
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any Releasee hereunder with respect to liabilities to the extent they result from the gross negligence or willful misconduct of that Releasee as finally determined by a court of competent jurisdiction; provided , further , that no Excluded U.S. Guarantor shall be jointly liable under this Section 13(b) for the Obligations of any Loan Party that is a U.S. Person as defined in the Code, either (i) directly or (ii) indirectly by virtue of indemnifying and holding harmless any Loan Party that is not a U.S. Person which has itself guaranteed the Obligations of a U.S. Loan Party (but, for the avoidance of doubt, any Excluded U.S. Guarantor that has guaranteed the Obligations of any Loan Party that is not a U.S. Person shall be liable for all Obligations of such Loan Party pursuant to any such guarantee other than such Loan Partys obligations under any guarantee of the Obligations of a U.S. Person). If and to the extent that the foregoing undertaking may be unenforceable for any reason, each Borrower and each other Loan Party agrees to make the maximum contribution to the payment and satisfaction thereof that is permissible under applicable law. The foregoing indemnity shall survive the termination of the Amended Credit Agreement, the other Loan Documents and the payment in full of the Obligations.
(c) Each Borrower and each other Loan Party, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by any Borrower or any other Loan Party pursuant to Section 12(a) hereof. If any Borrower, any other Loan Party or any of its successors, assigns or other legal representatives violates the foregoing covenant, each Borrower and each other Loan Party, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys fees and costs incurred by any Releasee as a result of such violation.
(d) Borrower and other Loan Parties each warrant, represent and agree that they are fully aware of California Civil Code Section 1542, which provides as follows:
SECTION 1542. GENERAL RELEASE . A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Each Borrower and each other Loan Party hereby knowingly and voluntarily waives and relinquishes the provisions, rights and benefits of Section 1542 and all similar federal or state laws, rights, rules, or legal principles of any other jurisdiction that may be applicable herein, and any rights they may have to invoke the provisions of any such law now or in the future with respect to the Claims being released pursuant to Section 12(a) hereof, and each Borrower and each other Loan Party hereby agrees and acknowledges that this is an essential term of the releases set forth in this Section 12. In connection with such releases, each Borrower and each other Loan Party acknowledges that they are aware that they or their attorneys or others may hereafter discover claims or facts presently unknown or unsuspected in addition to or different
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from those which they now know or believe to be true with respect to the subject matter of the Claims being released pursuant to Section 12(a) hereof. Nevertheless, it is the intention of the Borrowers and the other Loan Parties in executing this Amendment to fully, finally, and forever settle and release all matters and all claims relating thereto, which exist, hereafter may exist or might have existed (whether or not previously or currently asserted in any action) constituting Claims released pursuant to Section 12(a) hereof. Each Borrower and each other Loan Party hereby waives any and all rights provided under Sections 580(a), 580(b), 580(d) and 726 of the California Code of Civil Procedure (and any and all other rules, statutes and cases commonly known as the California anti-deficiency laws) and all similar federal or state laws, rights, rules, or legal principles of any other jurisdiction.
[Signature Pages Follow]
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IN WITNESS WHEREOF, each of the parties hereto has caused a counterpart of this Amendment to be duly executed and delivered as of the date first above written.
| HERBALIFE LTD., | ||
| a Cayman Islands exempted company incorporated with limited liability, as Holdings | ||
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| HERBALIFE INTERNATIONAL, INC., | ||
| a Nevada corporation, as the Company | ||
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| Title: |
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| HERBALIFE INTERNATIONAL LUXEMBOURG S.À R.L., | ||
| a Luxembourg private limited liability company ( société à responsabilité limitée ), as a Borrower | ||
| By: |
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| Name: |
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| Title: |
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13
| HERBALIFE INTERNATIONAL OF AMERICA, INC., | ||
| a Nevada corporation, as a Guarantor | ||
| By: |
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| Name: |
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| Title: |
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| HERBALIFE TAIWAN, INC., | ||
| a California corporation, as a Guarantor | ||
| By: |
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| Name: |
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| Title: |
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| HERBALIFE INTERNATIONAL DO BRASIL, LTDA., | ||
| a corporation dually organized in Brazil and Delaware, as a Guarantor | ||
| By: |
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| Name: |
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| Title: |
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14
| HERBALIFE KOREA CO., LTD., | ||
| a corporation dually organized in Korea and Delaware, as a Guarantor | ||
| By: |
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| Name: |
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| Title: |
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| HERBALIFE INTERNATIONAL OF EUROPE, INC., | ||
| a California corporation, as a Guarantor | ||
| By: |
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| Name: |
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| Title: |
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| WH INTERMEDIATE HOLDINGS LTD., | ||
| a Cayman Islands exempted company incorporated with limited liability, as a Guarantor | ||
| By: |
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| Name: |
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| Title: |
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WH LUXEMBOURG HOLDINGS, S.À.R.L., a Luxembourg private limited liability company ( société à responsabilité limitée ), as a Guarantor |
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| By: |
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| Name: |
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| Title: |
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15
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HBL (BVI) LIMITED, a BVI business company, as a Guarantor |
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| By: |
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| Name: |
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| Title: |
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HBL (GIBRALTAR) LIMITED, a Gibraltar limited company, as a Guarantor |
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| By: |
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| Name: |
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| Title: |
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| By: |
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| Name: |
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| Title: |
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HERBALIFE VENEZUELA HOLDINGS, LLC, a Delaware limited liability company, as a Guarantor |
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| By: |
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| Name: |
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| Title: |
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16
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BANK OF AMERICA, N.A., as Administrative Agent |
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| By: |
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| Name: |
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| Title: |
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BANK OF AMERICA, N.A., as a Lender, L/C Issuer and Swing Line Lender |
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| By: |
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| Name: |
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| Title: |
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17
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, | |||
| as a Lender | ||||
| By: |
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| Name: |
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| Title: |
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18
Published CUSIP Number: [42702LAG1]
SECOND AMENDED AND RESTATED CREDIT AGREEMENT
Dated as of May 4, 2015
among
HERBALIFE INTERNATIONAL, INC., HERBALIFE LTD. and
HERBALIFE INTERNATIONAL LUXEMBOURG S.À R.L.,
as Borrowers,
BANK OF AMERICA, N.A.,
as Administrative Agent, Swing Line Lender and L/C Issuer, and
The Other Lenders Party Hereto
COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A.,
RABOBANK NEDERLAND, NEW YORK BRANCH
as Documentation Agent for the Revolving Credit Facility
MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED
and J.P. MORGAN SECURITIES LLC
as Joint Lead Arrangers and Joint Book Managers for the Revolving Credit Facility
COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A.,
RABOBANK NEDERLAND, NEW YORK BRANCH
and HSBC BANK USA, NATIONAL ASSOCIATION
as Co-Syndication Agents for the Term A Facility
WELLS FARGO BANK, NATIONAL ASSOCIATION
as Documentation Agent for the Term A Facility
MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED,
COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A.,
RABOBANK NEDERLAND, NEW YORK BRANCH,
HSBC SECURITIES (USA) INC.
WELLS FARGO SECURITIES, LLC
as Joint Lead Arrangers and Joint Book Managers for the Term A Facility
MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED
as Sole Lead Arranger and Book Manager
for the Third Amendment to Credit Agreement
TABLE OF CONTENTS
| Page | ||||||
|
ARTICLE I. DEFINITIONS AND ACCOUNTING TERMS |
6 | |||||
|
1.01 |
Defined Terms |
6 | ||||
|
1.02 |
Other Interpretive Provisions |
44 | ||||
|
1.03 |
Accounting Terms |
45 | ||||
|
1.04 |
Rounding |
45 | ||||
|
1.05 |
Exchange Rates; Currency Equivalents |
45 | ||||
|
1.06 |
Additional Alternative Currencies |
46 | ||||
|
1.07 |
Change of Currency |
47 | ||||
|
1.08 |
Times of Day |
47 | ||||
|
1.09 |
Letter of Credit Amounts |
47 | ||||
|
ARTICLE II. THE COMMITMENTS AND CREDIT EXTENSIONS |
47 | |||||
|
2.01 |
Committed Loans |
47 | ||||
|
2.02 |
Borrowings, Conversions and Continuations of Committed Loans |
48 | ||||
|
2.03 |
Letters of Credit |
51 | ||||
|
2.04 |
Swing Line Loans |
61 | ||||
|
2.05 |
Prepayments |
64 | ||||
|
2.06 |
Termination or Reduction of Commitments |
65 | ||||
|
2.07 |
Repayment of Loans |
66 | ||||
|
2.08 |
Interest |
67 | ||||
|
2.09 |
Fees |
68 | ||||
|
2.10 |
Computation of Interest and Fees; Retroactive Adjustments of Applicable Rate |
68 | ||||
|
2.11 |
Evidence of Debt |
69 | ||||
|
2.12 |
Payments Generally; Administrative Agents Clawback |
69 | ||||
|
2.13 |
Sharing of Payments by Lenders |
71 | ||||
|
2.14 |
Designated Borrowers |
72 | ||||
|
2.15 |
Intentionally Omitted |
73 | ||||
|
2.16 |
Intentionally Omitted |
73 | ||||
|
2.17 |
Cash Collateral |
73 | ||||
|
2.18 |
Defaulting Lenders |
74 | ||||
|
2.19 |
Designated Lenders |
77 | ||||
|
ARTICLE III. TAXES, YIELD PROTECTION AND ILLEGALITY |
77 | |||||
|
3.01 |
Taxes |
77 | ||||
|
3.02 |
Illegality |
82 | ||||
|
3.03 |
Inability to Determine Rates |
83 | ||||
|
3.04 |
Increased Costs; Reserves on Eurocurrency Rate Loans |
84 | ||||
|
3.05 |
Compensation for Losses |
86 | ||||
|
3.06 |
Mitigation Obligations; Replacement of Lenders |
87 | ||||
|
3.07 |
Survival |
87 | ||||
|
ARTICLE IV. CONDITIONS PRECEDENT TO CREDIT EXTENSIONS |
88 | |||||
|
4.01 |
Conditions to the Restatement Effective Date |
88 | ||||
|
4.02 |
Conditions to all Credit Extensions |
88 | ||||
|
ARTICLE V. REPRESENTATIONS AND WARRANTIES |
89 | |||||
|
5.01 |
Existence, Qualification and Power |
89 | ||||
|
5.02 |
Authorization; No Contravention |
89 | ||||
|
5.03 |
Governmental Authorization; Other Consents |
89 | ||||
|
5.04 |
Binding Effect |
90 | ||||
|
5.05 |
Financial Statements; No Material Adverse Effect |
90 | ||||
|
5.06 |
Litigation |
90 | ||||
|
5.07 |
No Default |
91 | ||||
|
5.08 |
Ownership of Property; Liens |
91 | ||||
|
5.09 |
Environmental Compliance |
91 | ||||
|
5.10 |
Insurance |
91 | ||||
|
5.11 |
Taxes |
91 | ||||
|
5.12 |
ERISA Compliance |
91 | ||||
|
5.13 |
Subsidiaries; Equity Interests |
92 | ||||
|
5.14 |
Margin Regulations; Investment Company Act |
92 | ||||
|
5.15 |
Disclosure |
93 | ||||
|
5.16 |
Compliance with Laws |
93 | ||||
|
5.17 |
Taxpayer Identification Number; Other Identifying Information |
93 | ||||
|
5.18 |
Representations as to Foreign Obligors |
93 | ||||
|
5.19 |
Collateral Documents |
95 | ||||
|
5.20 |
Solvency |
95 | ||||
|
5.21 |
USA PATRIOT Act |
95 | ||||
|
5.22 |
OFAC; Anti-Corruption Laws |
95 | ||||
|
5.23 |
Intellectual Property; Licenses, Etc. |
96 | ||||
|
5.24 |
Labor Matters |
96 | ||||
|
5.25 |
Real Estate |
96 | ||||
|
5.26 |
Luxembourg Specific Representations |
96 | ||||
|
ARTICLE VI. AFFIRMATIVE COVENANTS |
97 | |||||
|
6.01 |
Financial Statements |
97 | ||||
|
6.02 |
Certificates; Other Information |
98 | ||||
|
6.03 |
Notices |
100 | ||||
|
6.04 |
Payment of Obligations |
101 | ||||
|
6.05 |
Preservation of Existence, Etc. |
101 | ||||
|
6.06 |
Maintenance of Properties |
102 | ||||
|
6.07 |
Maintenance of Insurance |
102 | ||||
|
6.08 |
Compliance with Laws |
102 | ||||
|
6.09 |
Books and Records |
102 | ||||
|
6.10 |
Inspection Rights |
103 | ||||
|
6.11 |
Use of Proceeds |
103 | ||||
|
6.12 |
Approvals and Authorizations |
103 | ||||
|
6.13 |
Additional Guarantors; Additional Collateral |
103 | ||||
|
6.14 |
Further Assurances |
111 | ||||
|
6.15 |
Guarantor Coverage Test |
112 | ||||
|
6.16 |
Conditions Subsequent |
112 | ||||
ii
|
ARTICLE VII. NEGATIVE COVENANTS |
113 | |||||
|
7.01 |
Liens |
113 | ||||
|
7.02 |
Investments |
117 | ||||
|
7.03 |
Indebtedness |
118 | ||||
|
7.04 |
Fundamental Changes |
119 | ||||
|
7.05 |
Dispositions |
120 | ||||
|
7.06 |
Restricted Payments |
121 | ||||
|
7.07 |
Change in Nature of Business |
122 | ||||
|
7.08 |
Transactions with Affiliates |
122 | ||||
|
7.09 |
Burdensome Agreements |
123 | ||||
|
7.10 |
Use of Proceeds |
123 | ||||
|
7.11 |
Financial Covenants |
124 | ||||
|
7.12 |
Capital Expenditures |
124 | ||||
|
7.13 |
Accounting Changes |
125 | ||||
|
7.14 |
Sanctions |
125 | ||||
|
7.15 |
Prepayments, Etc. of Subordinated Indebtedness |
125 | ||||
|
7.16 |
Amendment, Etc. of Organization Documents and Subordinated Indebtedness |
125 | ||||
|
ARTICLE VIII. EVENTS OF DEFAULT AND REMEDIES |
125 | |||||
|
8.01 |
Events of Default |
125 | ||||
|
8.02 |
Remedies Upon Event of Default |
128 | ||||
|
8.03 |
Application of Funds |
129 | ||||
|
ARTICLE IX. ADMINISTRATIVE AGENT |
130 | |||||
|
9.01 |
Appointment and Authority |
130 | ||||
|
9.02 |
Rights as a Lender |
131 | ||||
|
9.03 |
Exculpatory Provisions |
131 | ||||
|
9.04 |
Reliance by Administrative Agent |
132 | ||||
|
9.05 |
Delegation of Duties |
132 | ||||
|
9.06 |
Resignation of Administrative Agent |
132 | ||||
|
9.07 |
Non-Reliance on Administrative Agent and Other Lenders |
134 | ||||
|
9.08 |
No Other Duties, Etc. |
134 | ||||
|
9.09 |
Administrative Agent May File Proofs of Claim |
134 | ||||
|
9.10 |
Collateral and Guaranty Matters |
135 | ||||
|
9.11 |
Secured Cash Management Agreements and Secured Hedge Agreements |
136 | ||||
|
ARTICLE X. MISCELLANEOUS |
137 | |||||
|
10.01 |
Amendments, Etc. |
137 | ||||
|
10.02 |
Notices; Effectiveness; Electronic Communication |
138 | ||||
|
10.03 |
No Waiver; Cumulative Remedies; Enforcement |
140 | ||||
|
10.04 |
Expenses; Indemnity; Damage Waiver |
141 | ||||
|
10.05 |
Payments Set Aside |
143 | ||||
|
10.06 |
Successors and Assigns |
144 | ||||
|
10.07 |
Treatment of Certain Information; Confidentiality |
149 | ||||
|
10.08 |
Right of Setoff |
150 | ||||
|
10.09 |
Interest Rate Limitation |
150 | ||||
iii
|
10.10 |
Counterparts; Integration; Effectiveness |
151 | ||||
|
10.11 |
Survival of Representations and Warranties |
151 | ||||
|
10.12 |
Severability |
151 | ||||
|
10.13 |
Replacement of Lenders |
152 | ||||
|
10.14 |
Governing Law; Jurisdiction; Etc. |
152 | ||||
|
10.15 |
Waiver of Jury Trial |
153 | ||||
|
10.16 |
No Advisory or Fiduciary Responsibility |
154 | ||||
|
10.17 |
Electronic Execution of Assignments and Certain Other Documents |
154 | ||||
|
10.18 |
USA PATRIOT Act |
155 | ||||
|
10.19 |
Judgment Currency |
155 | ||||
|
10.20 |
Amendment and Restatement |
155 |
iv
| SCHEDULES | ||
| G-1 | Initial Guarantors | |
| 1.01 | Mandatory Cost Formulae | |
| 2.01 | Commitments and Applicable Percentages | |
| 5.03 | Authorizations and Consents | |
| 5.13 | Subsidiaries; Other Equity Investments | |
| 5.17 | Identification Numbers for Foreign Borrowers | |
| 5.23 | IP Rights | |
| 5.25 | Mortgaged Properties | |
| 6.16 | Conditions Subsequent | |
| 10.02 | Administrative Agents Office; Certain Addresses for Notices | |
| EXHIBITS | ||
| Form of | ||
| A | Committed Loan Notice | |
| B | Swing Line Loan Notice | |
| C | Note | |
| D | Compliance Certificate | |
| E-1 | Assignment and Assumption | |
| E-2 | Administrative Questionnaire | |
| F | Designated Borrower Request and Assumption Agreement | |
| G | Designated Borrower Notice | |
| H-1 | Company Guaranty | |
| H-2 | Holdings Guaranty | |
| H-3 | HIL Guaranty | |
| H-4 | Domestic Subsidiary Guaranty | |
| H-5 | Foreign Subsidiary Guaranty | |
| I | Security Agreement | |
SECOND AMENDED AND RESTATED CREDIT AGREEMENT
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT ( Agreement ) is entered into as of May 4, 2015, among HERBALIFE INTERNATIONAL, INC., a Nevada corporation (the Company ), HERBALIFE LTD., a Cayman Islands exempted company incorporated with limited liability, with registered number 116838 ( Holdings ), HERBALIFE INTERNATIONAL LUXEMBOURG S.À R.L., a Luxembourg private limited liability company ( société à responsabilité limitée ), having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, having a share capital of EUR 25,000 and registered with the Luxembourg Register of Commerce and Companies ( R.C.S Luxembourg ) under number B 88.006 ( HIL ), certain Subsidiaries of Holdings party hereto pursuant to Section 2.14 (each a Designated Borrower and, together with the Company, Holdings and HIL, the Borrowers and, each a Borrower ), each Lender from time to time party hereto and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
The Company, Holdings, HIL, various lenders and Bank of America, as administrative agent for such lenders, as swing line lender and as L/C Issuer, are parties to that certain Credit Agreement dated as of March 9, 2011, as the same has been amended and restated pursuant to the First Amendment to Credit Agreement dated as of July 26, 2012, as amended pursuant to the Second Amendment to Credit Agreement dated as of February 3, 2014, and as further amended, supplemented or otherwise modified prior to the date hereof (as so amended, the Existing Credit Agreement ). The Borrowers have requested, and the Lenders and the Administrative Agent hereby agree, that the Existing Credit Agreement shall be amended and restated in its entirety.
In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree that the Existing Credit Agreement shall be amended and restated in its entirety as follows:
ARTICLE I.
DEFINITIONS AND ACCOUNTING TERMS
1.01 Defined Terms . As used in this Agreement, the following terms shall have the meanings set forth below:
2014 Convertible Notes means the Convertible Senior Notes due 2019 issued pursuant to that certain Indenture, dated as of February 7, 2014, by and among Holdings and Union Bank, N.A., in its capacity as trustee, as amended, restated, supplemented or otherwise modified from time to time to the extent not less favorable in any material respect to the Loan Parties or the Lenders than as in effect on the Second Amendment Effective Date.
Act has the meaning specified in Section 10.18 .
Administrative Agent means Bank of America in its capacity as administrative agent under any of the Loan Documents, or any successor administrative agent appointed in accordance with the terms hereof.
Administrative Agents Office means, with respect to any currency, the Administrative Agents address and, as appropriate, account as set forth on Schedule 10.02 with respect to such currency, or such other address or account with respect to such currency as the Administrative Agent may from time to time notify to the Borrowers and the Lenders.
Administrative Questionnaire means an Administrative Questionnaire in substantially the form of Exhibit E-2 or any other form approved by the Administrative Agent.
Affiliate means, with respect to any Person, another Person that directly, or indirectly through one or more intermediaries, Controls or is Controlled by or is under common Control with the Person specified.
Aggregate Commitments means the Commitments of all the Lenders.
Aggregate Revolving Commitments means the Revolving Credit Commitments of all the Lenders.
Agreement means this Credit Agreement.
Alternative Currency means each of Euro, Pesos and each other currency (other than Dollars) that is approved in accordance with Section 1.06 .
Alternative Currency Equivalent means, at any time, with respect to any amount denominated in Dollars, the equivalent amount thereof in the applicable Alternative Currency as determined by the Administrative Agent or the L/C Issuer, as the case may be, at such time on the basis of the Spot Rate (determined in respect of the most recent Revaluation Date) for the purchase of such Alternative Currency with Dollars.
Alternative Currency Sublimit means an amount equal to the lesser of the Aggregate Commitments and $100,000,000. The Alternative Currency Sublimit is part of, and not in addition to, the Aggregate Revolving Commitments.
Anti-Corruption Laws means all laws, rules, and regulations of any jurisdiction applicable to any Borrower or any of its Subsidiaries from time to time concerning or relating to bribery or corruption, including, without limitation, the United States Foreign Corrupt Practices Act of 1977, as amended and the UK Bribery Act 2010, as amended.
Applicable Percentage means (a) in respect of the Term A Facility, with respect to any Term A Lender at any time, the percentage (carried out to the ninth decimal place) of the Term A Facility represented by such Term A Lenders Term A Commitment at such time ( provided that if the Term A Commitments have been terminated, the Applicable Percentage of each Term A Lender with respect to the Term A Facility shall be determined based on the Applicable Percentage of each Term A Lender most recently in effect, giving effect to any subsequent assignments) and (b) in respect of the Revolving Credit Facility, with respect to any Revolving Credit Lender at any time, such Revolving Credit Lenders Applicable Revolving Percentage. The initial Applicable Percentage of each Lender in respect of each Facility is set forth opposite the name of such Lender on Schedule 2.01 or in the Assignment and Assumption pursuant to which such Lender becomes a party hereto, as applicable.
7
Applicable Rate means the following percentages per annum, based upon the Consolidated Total Leverage Ratio as set forth in the most recent Compliance Certificate received by the Administrative Agent pursuant to Section 6.02(a) :
(a) commencing on the Restatement Effective Date through and including March 9, 2016:
Applicable Rate
|
Pricing Level |
Consolidated Total
Leverage Ratio |
Commitment
Fee |
Eurocurrency
Rate +, Peso Rate +, Letters of Credit + |
Base Rate + | ||||||||||
|
1 |
<1.50:1 | 0.40 | % | 2.00 | % | 1.00 | % | |||||||
|
2 |
³ 1.50:1 but <2.00:1 | 0.40 | % | 2.25 | % | 1.25 | % | |||||||
|
3 |
³ 2.00:1 but <2.50:1 | 0.50 | % | 2.50 | % | 1.50 | % | |||||||
|
4 |
³ 2.50:1 | 0.50 | % | 3.00 | % | 2.00 | % | |||||||
(b) after March 9, 2016:
Applicable Rate
|
Pricing Level |
Consolidated Total
Leverage Ratio |
Commitment
Fee |
Eurocurrency
Rate +, Peso Rate +, Letters of Credit + |
Base Rate + | ||||||||||
|
1 |
<1.50:1 | 0.40 | % | 4.00 | % | 3.00 | % | |||||||
|
2 |
³ 1.50:1 but <2.00:1 | 0.40 | % | 4.25 | % | 3.25 | % | |||||||
|
3 |
³ 2.00:1 but <2.50:1 | 0.50 | % | 4.50 | % | 3.50 | % | |||||||
|
4 |
³ 2.50:1 | 0.50 | % | 5.00 | % | 4.00 | % | |||||||
Any increase or decrease in the Applicable Rate resulting from a change in the Consolidated Total Leverage Ratio shall become effective as of the first Business Day immediately following the date a Compliance Certificate is delivered pursuant to Section 6.02(a) ; provided , however , that if a Compliance Certificate is not delivered when due in accordance with such Section, then, upon the request of the Required Lenders, Pricing Level 4 shall apply as of the first Business Day after the date on which such Compliance Certificate was required to have been delivered and shall remain in effect until the date on which such Compliance Certificate is delivered. The Applicable Rate in effect from the Restatement Effective Date through the date that a Compliance Certificate is required to be delivered pursuant to Section 6.02(a) for the first full fiscal quarter ending after the Restatement Effective Date shall be based upon Pricing Level 3.
Notwithstanding anything to the contrary contained in this definition, the determination of the Applicable Rate for any period shall be subject to the provisions of Section 2.10(b) .
8
Applicable Revolving Percentage means, with respect to any Revolving Credit Lender at any time, the percentage (carried out to the ninth decimal place) of the Aggregate Revolving Commitments represented by such Revolving Credit Lenders Revolving Credit Commitment at such time, subject to adjustment as provided in Section 2.17 . If the commitment of each Lender to make Loans and the obligation of the L/C Issuer to make L/C Credit Extensions have been terminated pursuant to Section 8.02 or if the Aggregate Revolving Commitments have expired, then the Applicable Revolving Percentage of each Revolving Credit Lender shall be determined based on the Applicable Revolving Percentage of such Lender most recently in effect, giving effect to any subsequent assignments.
Applicable Time means, with respect to any borrowings and payments in any Alternative Currency, the local time in the place of settlement for such Alternative Currency as may be determined by the Administrative Agent or the L/C Issuer, as the case may be, to be necessary for timely settlement on the relevant date in accordance with normal banking procedures in the place of payment.
Applicant Borrower has the meaning specified in Section 2.14 .
Appraisal Period means any period of twelve consecutive calendar months commencing on May 1 in any calendar year through and including April 30 in the following calendar year.
Approved Fund means any Fund that is administered or managed by (a) a Lender, (b) an Affiliate of a Lender or (c) an entity or an Affiliate of an entity that administers or manages a Lender.
Arrangers means, together, (a) MLPFS and J.P. Morgan Securities LLC, in their capacities as joint lead arrangers and joint book managers for the Revolving Credit Facility, (b) MLPFS, Coöperative Centrale Raiffeise-nBoerenleenbank B.A., Rabobank Nederland, New York Branch, HSBC Securities (USA) Inc. and Wells Fargo Securities, LLC, in their capacities as joint lead arrangers and joint book managers for the Term A Facility, and (c) MLPFS, in its capacity as sole lead arranger and book manager for the Third Amendment.
Assignee Group means two or more Eligible Assignees that are Affiliates of one another or two or more Approved Funds managed by the same investment advisor.
Assignment and Assumption means an assignment and assumption entered into by a Lender and an Eligible Assignee (with the consent of any party whose consent is required by Section 10.06(b) ), and accepted by the Administrative Agent, in substantially the form of Exhibit E-1 or any other form (including electronic documentation generated by MarkitClear or other electronic platform) approved by the Administrative Agent.
Audited Financial Statements means the audited consolidated balance sheet of Holdings and its Subsidiaries for the fiscal year ended December 31, 2011, and the related consolidated statements of income or operations, shareholders equity and cash flows for such fiscal year of Holdings and its Subsidiaries, including the notes thereto.
9
Availability Period means the period from and including the Closing Date to the earliest of (a) the Maturity Date, (b) the date of termination of the Aggregate Revolving Commitments pursuant to Section 2.06 , and (c) the date of termination of the commitment of each Lender to make Loans and of the obligation of the L/C Issuer to make L/C Credit Extensions pursuant to Section 8.02 .
Bank of America means Bank of America, N.A. and its successors.
Base Rate means for any day a fluctuating rate per annum equal to the highest of (a) the Federal Funds Rate plus 1/2 of 1%, (b) the rate of interest in effect for such day as publicly announced from time to time by Bank of America as its prime rate, and (c) the Eurocurrency Rate (giving effect to the Eurocurrency Rate floor of 0.25% set forth in the proviso to the definition of Eurocurrency Rate) plus 1.00%. The prime rate is a rate set by Bank of America based upon various factors including Bank of Americas costs and desired return, general economic conditions and other factors, and is used as a reference point for pricing some loans, which may be priced at, above, or below such announced rate. Any change in such prime rate announced by Bank of America shall take effect at the opening of business on the day specified in the public announcement of such change.
Base Rate Committed Loan means a Committed Loan that is a Base Rate Loan.
Base Rate Loan means a Loan that bears interest based on the Base Rate. All Base Rate Loans shall be denominated in Dollars.
Borrower and Borrowers each has the meaning specified in the introductory paragraph hereto.
Borrower Materials has the meaning specified in Section 6.02 .
Borrowing means a Committed Borrowing or a Swing Line Borrowing, as the context may require.
Business Day means any day other than a Saturday, Sunday or other day on which commercial banks are authorized to close under the Laws of, or are in fact closed in, the state where the Administrative Agents Office with respect to Obligations denominated in Dollars is located and:
(a) if such day relates to any interest rate settings as to a Eurocurrency Rate Loan denominated in Dollars, any fundings, disbursements, settlements and payments in Dollars in respect of any such Eurocurrency Rate Loan, or any other dealings in Dollars to be carried out pursuant to this Agreement in respect of any such Eurocurrency Rate Loan, means any such day on which dealings in deposits in Dollars are conducted by and between banks in the London interbank eurodollar market;
(b) if such day relates to any interest rate settings as to a Eurocurrency Rate Loan denominated in Euro, any fundings, disbursements, settlements and payments in Euro in respect of any such Eurocurrency Rate Loan, or any other dealings in Euro to be carried out pursuant to this Agreement in respect of any such Eurocurrency Rate Loan, means a TARGET Day;
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(c) if such day relates to any interest rate settings as to a Eurocurrency Rate Loan denominated in a currency other than Dollars or Euro, means any such day on which dealings in deposits in the relevant currency are conducted by and between banks in the London or other applicable offshore interbank market for such currency;
(d) if such day relates to any interest rate settings as to Peso Rate Loan denominated in Pesos, means any such day on which dealings in deposits in Mexican deposits are conducted by and between banks in Mexico City, Mexico; and
(e) if such day relates to any fundings, disbursements, settlements and payments in a currency other than Dollars or Euro in respect of a Eurocurrency Rate Loan denominated in a currency other than Dollars or Euro, or any other dealings in any currency other than Dollars or Euro to be carried out pursuant to this Agreement in respect of any such Eurocurrency Rate Loan (other than any interest rate settings), means any such day on which banks are open for foreign exchange business in the principal financial center of the country of such currency.
BVI Security Documents shall mean the following security agreements governed or required by British Virgin Islands law:
(a) a mortgage over shares made between HBL (Gibraltar) Limited, as mortgagor, and the Administrative Agent, over 100% of the shares held by HBL (Gibraltar) Limited in Herbalife BVI; and
(b) a pledge and security agreement made by Herbalife BVI, as grantor, and the Administrative Agent, with respect to IP Rights held by Herbalife BVI.
Capital Lease Obligations of any Person means the obligations of such Person to pay rent or other amounts under any lease of (or other arrangement conveying the right to use) real or personal property, or a combination thereof, which obligations are required to be classified and accounted for as capital leases on a balance sheet of such person under GAAP, and the amount of such obligations shall be the capitalized amount thereof determined in accordance with GAAP.
Cash Collateralize means to pledge and deposit with or deliver to the Administrative Agent, for the benefit of the Administrative Agent, L/C Issuer or Swing Line Lender (as applicable) and the Lenders, as collateral for L/C Obligations, Obligations in respect of Swing Line Loans, or obligations of Lenders to fund participations in respect of either thereof (as the context may require), cash or deposit account balances or, if the L/C Issuer or Swing Line Lender benefitting from such collateral shall agree in its sole discretion, other credit support, in each case pursuant to documentation in form and substance satisfactory to (a) the Administrative Agent and (b) the L/C Issuer or the Swing Line Lender (as applicable). Cash Collateral shall have a meaning correlative to the foregoing and shall include the proceeds of such cash collateral and other credit support.
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Cash Management Agreement means any agreement to provide cash management services, including treasury, depository, overdraft, credit or debit card, electronic funds transfer and other cash management arrangements.
Cash Management Bank means any Person that (i) at the time it enters into a Cash Management Agreement, is a Lender or an Affiliate of a Lender, or both (x) at the time it entered into a Cash Management Agreement, was a Lender or an Affiliate of a Lender under the Existing Credit Agreement and (y) as of the Closing Date and/or the Restatement Effective Date is a Lender or an Affiliate of a Lender, in any such case, in its capacity as a party to such Cash Management Agreement.
Cayman Security Documents shall mean the following Cayman Islands law governed security agreements:
(i) an equitable mortgage over shares made between Holdings, as mortgagor, and the Administrative Agent, over 100% of the shares held by Holdings in WH Intermediate Holdings Ltd.;
(ii) an equitable mortgage over shares made between WH Intermediate Holdings Ltd., as mortgagor, and the Administrative Agent, over 100% of the shares held by WH Intermediate Holdings Ltd. in HV Holdings Ltd.; and
(iii) an equitable mortgage over shares made between WH Intermediate Holdings Ltd., as mortgagor, and the Administrative Agent, over 100% of the shares held by WH Intermediate Holdings Ltd. in HBL Ltd.
CFC means a controlled foreign corporation, as defined under Section 957 of the Code.
CFC Debt means any intercompany loans, Indebtedness or receivables owed or treated as owed by one or more CFCs.
Change in Law means the occurrence, after the date of this Agreement, of any of the following: (a) the adoption or taking effect of any law, rule, regulation or treaty, (b) any change in any law, rule, regulation or treaty or in the administration, interpretation, implementation or application thereof by any Governmental Authority or (c) the making or issuance of any request, rule, guideline or directive (whether or not having the force of law) by any Governmental Authority; provided that notwithstanding anything herein to the contrary, (x) the Dodd-Frank Wall Street Reform and Consumer Protection Act and all requests, rules, guidelines or directives thereunder or issued in connection therewith and (y) all requests, rules, guidelines or directives promulgated by the Bank for International Settlements, the Basel Committee on Banking Supervision (or any successor or similar authority) or the United States or foreign regulatory authorities, in each case pursuant to Basel III, shall in each case be deemed to be a Change in Law, regardless of the date enacted, adopted or issued.
Change of Control means an event or series of events by which:
(a) any person or group (as such terms are used in Sections 13(d) and 14(d) of the Securities Exchange Act of 1934, as amended (the Exchange Act )) (but
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excluding (i) any employee benefit plan of such person or its subsidiaries, (ii) any person or entity acting in its capacity as trustee, agent or other fiduciary or administrator of any such plan and (iii) any nominating shareholder group meeting the applicable eligibility requirements contained in Rule 14a-11(b) under the Exchange Act (or any successor thereto) (the Proxy Access Rule ), to the extent the Proxy Access Rule becomes effective, including, without limitation, that such nominating shareholder group is not holding any Holdings securities with the purpose, or with the effect, of changing control of Holdings) becomes the beneficial owner (as defined in Rules 13d-3 and 13d-5 under the Exchange Act, except that a person or group shall be deemed to have beneficial ownership of all securities that such person or group has the right to acquire, whether such right is exercisable immediately or only after the passage of time (such right, an option right )), directly or indirectly, of 35% or more of the issued shares of Holdings entitled to vote to appoint members of the board of directors or equivalent governing body of Holdings on a fully-diluted basis (and taking into account all such shares that such person or group has the right to acquire pursuant to any option right);
(b) Holdings at any time ceases to own, directly or indirectly, 100% of the Equity Interests of the Company, HIL and, except as the result of a transaction otherwise permitted hereunder, each other Guarantor; or
(c) a change of control or similar event, however denominated shall occur under and as defined under any indenture or other definitive document, in either case, governing Indebtedness of a Borrower or Guarantor in an aggregate principal amount outstanding of greater than $35,000,000.
Closing Date means March 9, 2011.
Code means the Internal Revenue Code of 1986.
Collateral means all of the Collateral and Mortgaged Property or Trust Property or other similar term referred to in the Collateral Documents and all of the other property that is or is intended under the terms of the Collateral Documents to be subject to Liens in favor of the Administrative Agent for the benefit of the Secured Parties; provided that the Collateral shall exclude any Excluded Assets.
Collateral Agent has the meaning specified in Section 9.01(b) .
Collateral Documents means, collectively, the Perfection Certificate, the Security Agreement, any U.S. IP Security Agreements, any Mortgages, the BVI Security Documents, the Cayman Security Documents, the Gibraltar Security Documents, the Luxembourg Security Documents, any security agreements, pledge agreements, mortgages, deeds to secure debt or deeds of trust, or other similar agreements delivered to the Administrative Agent pursuant to Section 4 of the Third Amendment or Section 6.13 hereof, any agreement creating or perfecting rights in Cash Collateral pursuant to the provisions of Section 2.17 hereof, and each of the other agreements, instruments or documents that creates or purports to create a Lien in favor of the Administrative Agent for the benefit of the Secured Parties; and for purposes of any Secured Hedge Agreement or Secured Cash Management Agreement, Security Documents or other analogous terms shall have the same meaning as Collateral Documents hereunder.
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Commitment means a Revolving Credit Commitment or a Term A Commitment.
Committed Borrowing means a borrowing consisting of simultaneous Term A Loans or Revolving Credit Loans of the same Type, in the same currency and, in the case of Eurocurrency Rate Loans or Peso Rate Loans, having the same Interest Period made by each of the Lenders pursuant to Section 2.0.1
Committed Loan means a Revolving Credit Loan or a Term A Loan.
Committed Loan Notice means a notice of (a) a Committed Borrowing, (b) a conversion of Committed Loans from one Type to the other, or (c) a continuation of Eurocurrency Rate Loans or Peso Rate Loans, pursuant to Section 2.02(a) , which, if in writing, shall be substantially in the form of Exhibit A or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer.
Commodity Exchange Act means the Commodity Exchange Act (7 U.S.C. § 1 et seq.), as amended from time to time, and any successor statute.
Company has the meaning specified in the introductory paragraph hereto.
Company Guaranty means the Amended and Restated Guaranty, dated as of the Restatement Effective Date, made by the Company in favor of the Administrative Agent, the Lenders, the Cash Management Banks and the Hedge Banks, substantially in the form of Exhibit H-1 , as the same may be amended, restated, supplemented or otherwise modified from time to time.
Compliance Certificate means a certificate substantially in the form of Exhibit D .
Connection Income Taxes means Other Connection Taxes that are imposed on or measured by net income (however denominated) or that are franchise Taxes or branch profits Taxes.
Consolidated Coverage Ratio means, as of the last day of any fiscal quarter of Holdings, the ratio computed for the period consisting of such fiscal quarter and each of the three immediately preceding fiscal quarters of: (a) Consolidated EBITDA (for all such fiscal quarters) to (b) Consolidated Interest Expense (for all such fiscal quarters) plus the aggregate amount of scheduled payments of principal made or required to be made by Holdings and its Subsidiaries on a consolidated basis (during all such fiscal quarters), but in any event, excluding (i) the final principal repayment installment of the Term A Loans on the Maturity Date, (ii) payments pursuant to Section 2.06(b), (iii) the prepayment of $20,312,500 of the Term A Loans on the Restatement Effective Date, and (iv) the prepayment of $50,937,500 in Revolving Credit Loans on the Restatement Effective Date.
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Consolidated EBITDA means, with respect to any Person for any period, Consolidated Net Income for such period, adjusted, in each case only to the extent (and in the same proportion) deducted in determining Consolidated Net Income, without duplication, by (x) adding thereto:
(a) Consolidated Interest Expense,
(b) provision for taxes based on income,
(c) depreciation,
(d) amortization (including amortization of deferred fees and the accretion of original issue discount),
(e) all other noncash items subtracted in determining Consolidated Net Income (including any noncash charges and noncash equity based compensation expenses related to any grant of stock, stock options or other equity-based awards (including, without limitation, restricted stock units or stock appreciation rights) of such Person or any of its Subsidiaries recorded under GAAP, noncash charges related to warrants or other derivative instruments classified as equity instruments that will result in equity settlements and not cash settlements, and noncash losses or charges related to impairment of goodwill and other intangible assets and excluding any noncash charge that results in an accrual of a reserve for cash charges in any future period) for such period,
(f) nonrecurring expenses and charges,
(g) fees and expenses incurred in connection with the incurrence, prepayment, amendment, or refinancing of Indebtedness (including in connection with (i) the negotiation and documentation of this Agreement and the other Loan Documents and any amendments or waivers thereof and (ii) the on-going compliance with this Agreement and the other Loan Documents); and
(y) subtracting therefrom the aggregate amount of all noncash items and nonrecurring gains or credits, determined on a consolidated basis, to the extent such items were added in determining Consolidated Net Income for such period.
Consolidated Indebtedness means, with respect to any Person as at any date of determination, the aggregate amount of all Indebtedness (including the then outstanding principal amount of all Loans and Letters of Credit) of such Person and its consolidated Subsidiaries on a consolidated basis as determined in accordance with GAAP.
Consolidated Interest Expense means, with respect to any Person for any period, the total consolidated cash interest expense (including that portion attributable to Capital Lease Obligations) of such Person and its consolidated Subsidiaries for such period (calculated without regard to any limitations on the payment thereof and including commitment fees, letter-of-credit fees, and net amounts payable under any interest rate protection agreements) determined in accordance with GAAP.
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Consolidated Net Income means, with respect to any Person for any period, the consolidated net after tax income of such Person and its consolidated Subsidiaries determined in accordance with GAAP, but excluding in any event (a) net earnings or loss of any other Person (other than a Subsidiary) in which such Person or any of its consolidated Subsidiaries has an ownership interest, except (in the case of any such net earnings) to the extent such net earnings shall have actually been received by such Person or any of its consolidated Subsidiaries in the form of cash distributions and (b) the income (or loss) of any other Person accrued prior to the date it becomes a Subsidiary of such Person or any of its consolidated Subsidiaries or is merged into or consolidated with such Person or any of its consolidated Subsidiaries or that other Persons assets are acquired by such Person or its consolidated Subsidiaries after the Closing Date.
Consolidated Total Leverage Ratio means, as of the last day of any fiscal quarter of Holdings, the ratio of: (a) Consolidated Indebtedness of Holdings on such date to (b) Consolidated EBITDA of Holdings computed for the period consisting of such fiscal quarter and each of the three immediately preceding fiscal quarters.
Contractual Obligation means, as to any Person, any provision of any security issued by such Person or of any agreement, instrument or other undertaking to which such Person is a party or by which it or any of its property is bound.
Control means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ability to exercise voting power, by contract or otherwise. Controlling and Controlled have meanings correlative thereto.
Credit Extension means each of the following: (a) a Borrowing and (b) an L/C Credit Extension.
Debt Rating means, as of any date of determination, the corporate credit rating of Holdings or the Company (for the corporate enterprise taken as a whole) as determined by either S&P or Moodys (collectively, the Debt Ratings ).
Debtor Relief Laws means the Bankruptcy Code of the United States, and all other liquidation, conservatorship, bankruptcy, assignment for the benefit of creditors, moratorium, rearrangement, receivership, insolvency, reorganization, or similar debtor relief Laws of the United States or other applicable jurisdictions from time to time in effect and affecting the rights of creditors generally.
Default means any event or condition that constitutes an Event of Default or that, with the giving of any notice, the passage of time, or both, would be an Event of Default.
Default Rate means (a) when used with respect to Obligations other than Letter of Credit Fees, an interest rate equal to (i) the Base Rate plus (ii) the Applicable Rate, if any, applicable to Base Rate Loans plus (iii) 2% per annum; provided , however , that with respect to a Eurocurrency Rate Loan or Peso Rate Loan, the Default Rate shall be an interest rate equal to the interest rate (including any Applicable Rate and any Mandatory Cost) otherwise applicable to such Loan plus 2% per annum, and (b) when used with respect to Letter of Credit Fees, a rate equal to the Applicable Rate plus 2% per annum.
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Defaulting Lender means, subject to Section 2.18(b) , any Lender that (a) has failed to (i) fund all or any portion of its Loans within two Business Days of the date such Loans were required to be funded hereunder unless such Lender notifies the Administrative Agent and the Borrowers in writing that such failure is the result of such Lenders determination that one or more conditions precedent to funding (each of which conditions precedent, together with any applicable default, shall be specifically identified in such writing) has not been satisfied, or (ii) pay to the Administrative Agent, the L/C Issuer, the Swing Line Lender or any other Lender any other amount required to be paid by it hereunder (including in respect of its participation in Letters of Credit or Swing Line Loans) within two Business Days of the date when due, (b) has notified the Borrowers, the Administrative Agent, the L/C Issuer or the Swing Line Lender in writing that it does not intend to comply with its funding obligations hereunder, or has made a public statement to that effect (unless such writing or public statement relates to such Lenders obligation to fund a Loan hereunder and states that such position is based on such Lenders determination that a condition precedent to funding (which condition precedent, together with any applicable default, shall be specifically identified in such writing or public statement) cannot be satisfied), (c) has failed, within three Business Days after written request by the Administrative Agent or any Borrower, to confirm in writing to the Administrative Agent and the Borrowers that it will comply with its prospective funding obligations hereunder ( provided that such Lender shall cease to be a Defaulting Lender pursuant to this clause (c) upon receipt of such written confirmation by the Administrative Agent and the Borrowers), or (d) has, or has a direct or indirect parent company that has, (i) become the subject of a proceeding under any Debtor Relief Law, or (ii) had appointed for it a receiver, custodian, conservator, trustee, administrator, assignee for the benefit of creditors or similar Person charged with reorganization or liquidation of its business or assets, including the Federal Deposit Insurance Corporation or any other state or federal regulatory authority acting in such a capacity; provided that, for the avoidance of doubt, a Lender shall not be a Defaulting Lender solely by virtue of (i) the ownership or acquisition of any Equity Interest in that Lender or any direct or indirect parent company thereof by a Governmental Authority or (ii) in the case of a Solvent Person, the precautionary appointment of an administrator, guardian or other similar official by a Governmental Authority under or based on the Law of the country where such Person is subject to home jurisdiction supervision if applicable Law requires that such appointment not be publicly disclosed, in any such case, where such ownership, acquisition or appointment does not result in or provide such Person with immunity from the jurisdiction of courts within the United States or from the enforcement of judgments or writs of attachment on its assets or permit such Person (or such Governmental Authority) to reject, repudiate, disavow or disaffirm any contracts or agreements made with such Person. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under any one or more of clauses (a) through (d) above, and of the effective date of such status, shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 2.18(b) )as of the date established therefor by the Administrative Agent in a written notice of such determination, which shall be delivered by the Administrative Agent to the Borrowers, the L/C Issuer, the Swing Line Lender and each other Lender promptly following such determination.
Designated Borrower has the meaning specified in the introductory paragraph hereto.
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Designated Borrower Notice has the meaning specified in Section 2.14 .
Designated Borrower Request and Assumption Agreement has the meaning specified in Section 2.14 .
Designated Jurisdiction means any country or territory to the extent that such country or territory itself is the subject of any Sanction.
Designated Lender has the meaning specified in Section 2.19 .
Discharge of Secured Obligations has the meaning specified in Section 9.10(a) .
Disposition or Dispose means the sale, transfer, license, lease or other disposition (including any sale and leaseback transaction) of any property by any Person, including any sale, assignment, transfer or other disposal, with or without recourse, of any notes or accounts receivable or any rights and claims associated therewith.
Dollar and $ mean lawful money of the United States.
Dollar Equivalent means, at any time, (a) with respect to any amount denominated in Dollars, such amount, and (b) with respect to any amount denominated in any Alternative Currency, the equivalent amount thereof in Dollars as determined by the Administrative Agent or the L/C Issuer, as the case may be, at such time on the basis of the Spot Rate (determined in respect of the most recent Revaluation Date) for the purchase of Dollars with such Alternative Currency.
Domestic Subsidiary means any Subsidiary that is organized under the laws of any political subdivision of the United States, including any Domesticated Foreign Subsidiary.
Domestic Subsidiary Guaranty means the Amended and Restated Guaranty, dated as of the Restatement Effective Date, made by the Domestic Subsidiaries of Holdings party thereto from time to time as Guarantors (other than the Company) in favor of the Administrative Agent, the Lenders the Cash Management Banks and the Hedge Banks, substantially in the form of Exhibit H-4 , as the same may be amended, restated, supplemented or otherwise modified from time to time.
Domesticated Foreign Subsidiary means a Foreign Subsidiary that is also treated as a Domestic Subsidiary by reason of being or treated as being organized under the laws of any political subdivision of the United States.
Eligible Assignee means any Person that meets the requirements to be an assignee under Section 10.06(b)(iii)(v) and (vi) (subject to such consents, if any, as may be required under Section 10.06(b)(iii) ).
EMU Legislation means the legislative measures of the European Council for the introduction of, changeover to or operation of a single or unified European currency.
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Environmental Laws means any and all Federal, state, local, and foreign statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, permits, concessions, grants, franchises, licenses, agreements or governmental restrictions relating to pollution and the protection of the environment or the release of any materials into the environment, including those related to hazardous substances or wastes, air emissions and discharges to waste or public systems.
Environmental Liability means any liability, contingent or otherwise (including any liability for damages, costs of environmental remediation, fines, penalties or indemnities), of any Borrower, any other Loan Party or any of their respective Subsidiaries directly or indirectly resulting from or based upon (a) violation of any Environmental Law, (b) the generation, use, handling, transportation, storage, treatment or disposal of any Hazardous Materials, (c) exposure to any Hazardous Materials, (d) the release or threatened release of any Hazardous Materials into the environment or (e) any contract, agreement or other consensual arrangement pursuant to which liability is assumed or imposed with respect to any of the foregoing.
Environmental Permit means any permit, approval, identification number, license or other authorization required under any Environmental Law.
Equity Interests means, with respect to any Person, all of the shares of capital stock or shares in the share capital of (or other ownership or profit interests in) such Person, all of the warrants, options or other rights for the purchase or acquisition from such Person of shares of capital stock or shares in the share capital of (or other ownership or profit interests in) such Person, all of the securities convertible (including the 2014 Convertible Notes) into or exchangeable for shares of capital stock or shares in the share capital of (or other ownership or profit interests in) such Person or a cash value equivalent to such shares (or other ownership or profit interests) or warrants, rights or options for the purchase or acquisition from such Person of such shares (or such other interests), and all of the other ownership or profit interests in such Person (including partnership, member or trust interests therein), whether voting or nonvoting, and whether or not such shares, warrants, options, rights or other interests are outstanding on any date of determination.
ERISA means the Employee Retirement Income Security Act of 1974.
ERISA Affiliate means any trade or business (whether or not incorporated) under common control with the Company within the meaning of Section 414(b) or (c) of the Code (and Sections 414(m) and (o) of the Code for purposes of provisions relating to Section 412 of the Code).
ERISA Event means (a) a Reportable Event with respect to a Pension Plan; (b) a withdrawal by the Company or any ERISA Affiliate from a Pension Plan subject to Section 4063 of ERISA during a plan year in which it was a substantial employer (as defined in Section 4001(a)(2) of ERISA) or a cessation of operations that is treated as such a withdrawal under Section 4062(e) of ERISA; (c) a complete or partial withdrawal the Company or any ERISA Affiliate from a Multiemployer Plan or notification that a Multiemployer Plan is in reorganization; (d) the filing of a notice of intent to terminate, the treatment of a Plan amendment as a termination under Section 4041 or 4041A of ERISA, or the commencement of proceedings
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by the PBGC to terminate a Pension Plan or Multiemployer Plan; (e) an event or condition which constitutes grounds under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Pension Plan or Multiemployer Plan; or (f) the imposition of any liability under Title IV of ERISA, other than for PBGC premiums due but not delinquent under Section 4007 of ERISA, upon the Company or any ERISA Affiliate.
Euro and EUR mean the lawful currency of the Participating Member States introduced in accordance with the EMU Legislation.
Eurocurrency Rate means:
(a) for any Interest Period with respect to a Eurocurrency Rate Loan, the rate per annum equal to (i) the London Interbank Offered Rate ( LIBOR ), as published on the applicable Bloomberg screen page (or such other commercially available source providing quotations of LIBOR as may be designated by the Administrative Agent from time to time) at approximately 11:00 a.m., London time, two London Banking Days prior to the commencement of such Interest Period, for deposits in the relevant currency (for delivery on the first day of such Interest Period) with a term equivalent to such Interest Period or, (ii) if such rate is not available at such time for any reason, the rate per annum determined by the Administrative Agent to be the rate at which deposits in the relevant currency for delivery on the first day of such Interest Period in Same Day Funds in the approximate amount of the Eurocurrency Rate Loan being made, continued or converted and with a term equivalent to such Interest Period would be offered by Bank of Americas London Branch to major banks in the London or other offshore interbank market for such currency at their request at approximately 11:00 a.m. (London time) two London Banking Days prior to the commencement of such Interest Period; and
(b) for any interest calculation with respect to a Base Rate Loan on any date, the rate per annum equal to (i) LIBOR, at approximately 11:00 a.m., London time, determined two London Banking Days prior to such date for deposits in the relevant currency being delivered in the London or other offshore interbank market for such currency for a term of one month commencing that day or (ii) if such published rate is not available at such time for any reason, the rate per annum determined by the Administrative Agent to be the rate at which deposits in the relevant currency for delivery on the date of determination in Same Day Funds in the approximate amount of the Base Rate Loan being made or maintained and with a term equal to one month would be offered by Bank of Americas London Branch to major banks in the London or other offshore interbank market for such currency at their request at the date and time of determination;
provided that, notwithstanding the foregoing, for purposes of this Agreement, the Eurocurrency Rate shall in no event be less than 0.25% at any time.
Eurocurrency Rate Loan means a Committed Loan that bears interest at a rate based on the Eurocurrency Rate. Eurocurrency Rate Loans that are Revolving Credit Loans may be denominated in Dollars or in an Alternative Currency (other than Pesos). All Revolving Credit Loans denominated in an Alternative Currency (other than Pesos) must be Eurocurrency Rate Loans. Eurocurrency Rate Loans that are Term A Loans shall be denominated in Dollars.
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Event of Default has the meaning specified in Section 8.01 .
Evidence of Flood Insurance shall have the meaning assigned to such term in Section 6.13(a)(i)(F) .
Excluded Assets means: (a) any property or assets of Holdings or any of its Subsidiaries to the extent (i) the cost, burden, difficulty or consequence (including any effect on the ability of the Loan Parties to conduct their operations and business in the ordinary course) of obtaining a security interest therein outweighs the benefit of the security afforded thereby to the Secured Parties as reasonably determined by the Company and the Administrative Agent (and the maximum guaranteed or secured amount may be limited to minimize stamp duty, notarization, registration or other applicable fees, taxes and/or duties where the benefit to the Secured Parties of increasing the guaranteed or secured amount is disproportionate to the level of such fees, taxes and/or duties) or (ii) the granting of a security interest in such asset would be prohibited by enforceable anti-assignment provisions of contracts or applicable law or would violate the terms of any contract relating to such asset or would trigger termination (or a right of termination) of any contract pursuant to any change of control or similar provision (in each case, after giving effect to the applicable anti-assignment provisions of the Uniform Commercial Code or other applicable law); (b) Equity Interests in any joint venture of Holdings or any of its Subsidiaries to the extent prohibited by the Organizational Documents for such joint venture; (c) with respect to the Obligations of any Loan Party that is a U.S. Person as defined in the Code, (i) any property or assets of any CFC (whether held directly or indirectly), (ii) CFC Debt, (iii) voting Equity Interests representing more than 66% of the total outstanding voting Equity Interests of any CFC or Foreign Holding Company or (iv) Equity Interests constituting more than 66% of the total outstanding Equity Interests of any entity treated as disregarded as an entity separate from its owner under Treasury Regulations Section 301.7701-3 that owns an interest in a CFC and/or CFC Debt; (d) any property or asset hereafter acquired by any Loan Party that is subject to a Lien permitted to be incurred pursuant to Sections 7.01(b) , (h) and (k) hereof, solely to the extent that the documents evidencing such Lien prohibit the grant of a security interest in or Lien on such property or asset; provided that (i) upon such property or asset no longer being subject to such Lien or prohibition, such property or asset shall (without any act or delivery by any Person) constitute Collateral hereunder and under the other Loan Documents, and (ii) to the extent severable, such security interest shall attach immediately to any portion of such asset not subject to such prohibition; and (e) any United States intent-to-use trademark applications to the extent that, and solely during the period in which the grant of a security interest therein would impair the validity or enforceability of or render void or result in the cancellation of, any registration issued as a result of such intent-to-use trademark applications under applicable Law; provided that upon submission and acceptance by the USPTO of an amendment to allege pursuant to 15 U.S.C. Section 1060(a) or any successor provision), such intent-to-use trademark application shall be considered Collateral; provided , that the exclusions referred to in clauses (a), (b), (c), (d) and (e) of the definition of Excluded Asset as it relates to any property or asset acquired by any Loan Party shall not include any proceeds of such assets, unless such proceeds are also Excluded Assets.
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Excluded Subsidiary means any Subsidiary of Holdings (other than any Borrower) that the Company reasonably determines in good faith, with the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed), is organized in a jurisdiction in which either the cost, burden, difficulty or consequence (including any effect on the ability of a Loan Party or other Subsidiary to conduct their operations in the ordinary course) of issuing the contemplated guaranty outweighs the benefit of the contemplated guaranty to the Secured Parties (taking into account the expense (including taxes, and whether any such Subsidiary would constitute an Excluded U.S. Guarantor) of obtaining such guaranty, the ability of the Borrowers or such Subsidiary to obtain any necessary approvals or consents required to be obtained under applicable Law in connection therewith, and the effectiveness and enforceability of such guaranty under applicable Law). As of the Restatement Effective Date, Herbalife Venezuela shall be an Excluded Subsidiary (unless subsequently designated by the Company as not constituting an Excluded Subsidiary).
Excluded Swap Obligation means, with respect to any Guarantor, any Swap Obligation if, and to the extent that, all or a portion of the Guaranty of such Guarantor of, or the grant by such Guarantor of a security interest to secure, such Swap Obligation (or any Guaranty thereof) is or becomes illegal under the Commodity Exchange Act or any rule, regulation or order of the Commodity Futures Trading Commission (or the application or official interpretation of any thereof) by virtue of such Guarantors failure for any reason to constitute an eligible contract participant as defined in the Commodity Exchange Act (determined after giving effect to any keepwell, support or other agreement for the benefit of such Guarantor and any and all guarantees of such Guarantors Swap Obligations by other Loan Parties) at the time the Guaranty of such Guarantor, or a grant by such Guarantor of a security interest, becomes effective with respect to such Swap Obligation. If a Swap Obligation arises under a master agreement governing more than one swap, such exclusion shall apply only to the portion of such Swap Obligation that is attributable to swaps for which such Guaranty or security interest is or becomes excluded in accordance with the first sentence of this definition.
Excluded Taxes means, with respect to the Administrative Agent, any Lender, the L/C Issuer or any other recipient of any payment to be made by or on account of any obligation of any Borrower hereunder, (a) Taxes imposed on or measured by net income (however denominated), franchise Taxes, and branch profits Taxes, in each case, (i) imposed as a result of such recipient being organized under the laws of, or having its principal office or, in the case of any Lender, its applicable Lending Office located in, the jurisdiction imposing such Tax (or any political subdivision thereof) or (ii) that are Other Connection Taxes, (b) in the case of a Lender (other than an assignee pursuant to a request by Borrowers under Section 10.13 ), any United States withholding Tax that is imposed on amounts payable to such Lender pursuant to the Laws in force at the time such Lender becomes a party hereto (or designates a new Lending Office), except to the extent that such Lender (or in the case of a Lender that becomes a Lender as a result of an assignment, its assignor) was entitled, at the time of designation of a new Lending Office (or assignment), to receive additional amounts from such Borrower with respect to such withholding Tax pursuant to Section 3.01(a)(ii) or (iii) , (c) any Taxes imposed under FATCA, (d) any Taxes attributable to such recipients failure to comply with Section 3.01(e) or (f), and (e) all liabilities, penalties, and interest incurred with respect to any of the foregoing.
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Excluded U.S. Guarantor shall mean any Subsidiary of the Company that is a Foreign Holding Company, a CFC or owned directly or indirectly by a CFC.
Executive Order has the meaning specified in Section 7.10(b) .
Existing Credit Agreement has the meaning specified in the recitals to this Agreement.
Existing Letters of Credit means those letters of credit issued under the Existing Credit Agreement and outstanding as of the Restatement Effective Date.
Facility means the Term A Facility or the Revolving Credit Facility, as the context may require.
FATCA means Sections 1471 through 1474 of the Code, as of the date of this Agreement (or any amended or successor version that is substantively comparable and not materially more onerous to comply with), any current or future regulations or official interpretations thereof and any agreements entered into pursuant to Section 1471(b)(1) of the Code and any U.S. or non-U.S. fiscal or regulatory legislation, rules or official guidance notes adopted pursuant to any intergovernmental agreement entered into in connection with such sections of the Code.
Federal Funds Rate means, for any day, the rate per annum equal to the weighted average of the rates on overnight Federal funds transactions with members of the Federal Reserve System arranged by Federal funds brokers on such day, as published by the Federal Reserve Bank of New York on the Business Day next succeeding such day; provided that (a) if such day is not a Business Day, the Federal Funds Rate for such day shall be such rate on such transactions on the next preceding Business Day as so published on the next succeeding Business Day, and (b) if no such rate is so published on such next succeeding Business Day, the Federal Funds Rate for such day shall be the average rate (rounded upward, if necessary, to a whole multiple of 1/100 of 1%) charged to Bank of America on such day on such transactions as determined by the Administrative Agent.
Fee Letter means the letter agreement, dated as of June 18, 2012, among the Company, the Administrative Agent and MLPFS.
First Amendment means the First Amendment to Credit Agreement, dated as of July 26, 2012, among the Borrowers, the Lenders party thereto, the Administrative Agent, the Swing Line Lender and the L/C Issuer.
First Amendment Effective Date means July 26, 2012.
Flood Determination Form shall have the meaning assigned to such term in Section 6.13(a)(i)(F) .
Flood Laws shall mean, collectively, (i) the National Flood Insurance Act of 1968 as now or hereafter in effect or any successor statute thereto, (ii) the Flood Disaster Protection Act of 1973 as now or hereafter in effect or any successor statute thereto, (iii) the National Flood Insurance Reform Act of 1994 as now or hereafter in effect or any successor statute thereto, (iv)
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the Flood Insurance Reform Act of 2004 as now or hereafter in effect of any successor statute thereto and (v) The Biggert-Waters Flood Insurance Reform Act of 2012 as now and hereafter in effect or any successor statute thereto, in each case, together with all statutory and regulatory provisions consolidating, amending, replacing, supplementing, implementing or interpreting any of the foregoing, as amended or modified from time to time.
Foreign Assets Control Regulations has the meaning specified in Section 7.10(b) .
Foreign Holding Company means a Subsidiary of Holdings that is organized under the laws of the United States and substantially all of the assets of such Subsidiary consist of stock of one or more CFCs (or are treated as consisting of such assets for U.S. federal income tax purposes) and/or CFC Debt.
Foreign Lender means, with respect to any Borrower, any Lender that is organized under the Laws of a jurisdiction other than that in which such Borrower is resident for tax purposes (including such a Lender when acting in the capacity of the L/C Issuer). For purposes of this definition, the United States, each State thereof and the District of Columbia shall be deemed to constitute a single jurisdiction.
Foreign Obligor Enforceability Exceptions means (a) as it relates to HIL and any other Luxembourg Loan Party, (i) the enforceability of the provisions hereof with respect to compound interest may be subject to the provisions of Article 1154 of the Luxembourg Civil Code (and any successor provision) in case a Luxembourg court would hold these provisions to be a point of international public policy, (ii) any certificate or determination which would by contract be deemed to be conclusive may not be upheld by the Luxembourg courts, (iii) the rights and obligations hereunder binding successors and assigns may not be enforceable in Luxembourg, if such successor or assign is a Luxembourg individual or Person organized under the laws of Luxembourg in the absence of an agreement from any such Luxembourg resident confirming the enforceability thereof, (iv) the severability of the provisions of this Agreement or any other Loan Document to which HIL or any other Luxembourg Loan Party is party may be ineffective if a Luxembourg court considers the clause regarding illegality, invalidity or unenforceability to be a substantive or material clause, (v) the enforceability of a foreign jurisdiction clause, which may not prevent the parties thereto from initiating legal action before a Luxembourg court to the extent that summary proceedings seeking conservatory or urgent provisional measures are taken and which may retain jurisdiction with respect to assets located in Luxembourg, (vi) the enforceability of contractual provisions in this Agreement or the other Loan Documents allowing service of process against HIL and any other Luxembourg Loan Party at any location other than such Loan Partys Luxembourg domicile, which may be overridden by Luxembourg statutory provisions allowing the valid service of process against such Loan Parties in accordance with applicable Luxembourg laws only at the Luxembourg domicile of such Loan Party, and (vii) the enforceability of any provision in this Agreement or the other Loan Documents providing for renunciation, before litigation arises, to the right to bring a claim in a court, and (b) any provision, whether by statute, common law, civil law, in equity or otherwise, of any jurisdiction other than Luxembourg or any State or territory of the United States having an effect similar to any of the foregoing.
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Foreign Obligors means, collectively, Holdings, HIL and each other Loan Party that is not a United States person as defined in Section 7701(a)(30) of the Code.
Foreign Subsidiary means any Subsidiary that is not a United States person as defined in Section 7701(a)(30) of the Code.
Foreign Subsidiary Guaranty means the Amended and Restated Guaranty, dated as of the Restatement Effective Date, made by each of the Foreign Subsidiaries of Holdings party thereto from time to time as Guarantors in favor of the Administrative Agent, the Lenders, the Cash Management Banks and the Hedge Banks, substantially in the form of Exhibit H-5 , as the same may be amended, restated, supplemented or otherwise modified from time to time.
FRB means the Board of Governors of the Federal Reserve System of the United States.
Fronting Exposure means, at any time there is a Defaulting Lender, (a) with respect to the L/C Issuer, such Defaulting Lenders Applicable Percentage of the Outstanding Amount of all outstanding L/C Obligations other than L/C Obligations as to which such Defaulting Lenders participation obligation has been reallocated to other Lenders or Cash Collateralized in accordance with the terms hereof, and (b) with respect to the Swing Line Lender, such Defaulting Lenders Applicable Percentage of Swing Line Loans other than Swing Line Loans as to which such Defaulting Lenders participation obligation has been reallocated to other Lenders or Cash Collateralized in accordance with the terms hereof.
FTC Act means the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), as amended.
Fund means any Person (other than a natural person) that is (or will be) engaged in making, purchasing, holding or otherwise investing in commercial loans and similar extensions of credit in the ordinary course of its activities.
GAAP means generally accepted accounting principles in the United States set forth in the opinions and pronouncements of the Accounting Principles Board and the American Institute of Certified Public Accountants and statements and pronouncements of the Financial Accounting Standards Board or such other principles as may be approved by a significant segment of the accounting profession in the United States, that are applicable to the circumstances as of the date of determination, consistently applied.
Gibraltar Security Documents shall mean the following Gibraltar law governed security agreement: a mortgage over shares made between HIL, as mortgagor, and the Administrative Agent, over 100% of the shares held by HIL in HBL (Gibraltar) Limited.
Governmental Authority means the government of the United States or any other nation, or of any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government (including any supra-national bodies such as the European Union or the European Central Bank).
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Guarantee means, as to any Person, (a) any obligation, contingent or otherwise, of such Person guaranteeing or having the economic effect of guaranteeing any Indebtedness or other obligation payable or performable by another Person (the primary obligor) in any manner, whether directly or indirectly, and including any obligation of such Person, direct or indirect, (i) to purchase or pay (or advance or supply funds for the purchase or payment of) such Indebtedness or other obligation, (ii) to purchase or lease property, securities or services for the purpose of assuring the obligee in respect of such Indebtedness or other obligation of the payment or performance of such Indebtedness or other obligation, (iii) to maintain working capital, equity capital or any other financial statement condition or liquidity or level of income or cash flow of the primary obligor so as to enable the primary obligor to pay such Indebtedness or other obligation, or (iv) entered into for the purpose of assuring in any other manner the obligee in respect of such Indebtedness or other obligation of the payment or performance thereof or to protect such obligee against loss in respect thereof (in whole or in part), or (b) any Lien on any assets of such Person securing any Indebtedness or other obligation of any other Person, whether or not such Indebtedness or other obligation is assumed by such Person (or any right, contingent or otherwise, of any holder of such Indebtedness to obtain any such Lien); provided, however, that the term Guarantee shall not include endorsements of instruments for deposit or collection in the ordinary course of business or reasonable indemnity obligations in effect on the Closing Date or otherwise entered into in the ordinary course of business, including in connection with any acquisition or Disposition of assets or incurrence of Indebtedness or other obligations, in any case to the extent permitted under this Agreement. The amount of any Guarantee shall be deemed to be an amount equal to the stated or determinable amount of the related primary obligation, or portion thereof, in respect of which such Guarantee is made or, if not stated or determinable, the maximum reasonably anticipated liability in respect thereof as determined by the guaranteeing Person in good faith. The term Guarantee as a verb has a corresponding meaning.
Guaranties means, collectively, the Domestic Subsidiary Guaranty, the Foreign Subsidiary Guaranty, the Company Guaranty, the Holdings Guaranty and the HIL Guaranty. Subject to the terms thereof and Section 6.13(c)(i) , the Guaranties are the joint and several obligations of the Guarantors party thereto.
Guarantors means, collectively, (a) Holdings, the Company, HIL, each IP Holding Company, each Subsidiary of Holdings listed on Schedule G-1 hereto and each other Subsidiary (other than any Excluded Subsidiary) that is required to Guarantee the Loans outstanding hereunder pursuant to Sections 6.13 and 6.15 hereof, and (b) with respect to (i) Obligations owing by any Loan Party or any Subsidiary of a Loan Party (other than any Borrower) under any Secured Hedge Agreement or any Secured Cash Management Agreement and (ii) the payment and performance by each Specified Loan Party of its obligations under its Guaranty with respect to all Swap Obligations, the Borrowers.
Hazardous Materials means all explosive or radioactive substances or wastes and all hazardous or toxic substances, wastes or other pollutants, including petroleum or petroleum distillates, asbestos or asbestos-containing materials, polychlorinated biphenyls, radon gas, infectious or medical wastes and all other substances or wastes of any nature regulated pursuant to any Environmental Law.
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Hedge Bank means any Person that (i) at the time it enters into a Swap Contract permitted under Article VI and VII , is a Lender or an Affiliate of a Lender, or (ii) both (x) at the time it entered into a Swap Contract permitted under Article VI and VII , was a Lender or an Affiliate of a Lender under the Existing Credit Agreement and (y) as of the Closing Date and/or the Restatement Effective Date is a Lender or an Affiliate of a Lender, in any such case, in its capacity as a party to such Swap Contract.
Herbalife BVI means HBL (BVI) Limited, a British Virgin Islands business company duly incorporated and validly existing in the British Virgin Islands with company number 1798846.
Herbalife Venezuela means Vida Herbal Suplementos Alimenticios, C.A., a company dually organized under the laws of Venezuela ( compania anónima ) and Delaware.
HIL has the meaning specified in the introductory paragraph hereto.
HIL Guaranty means the Amended and Restated Guaranty, dated as of the Restatement Effective Date, made by HIL in favor of the Administrative Agent, the Lenders, the Cash Management Banks and the Hedge Banks, substantially in the form of Exhibit H-3 , as the same may be amended, restated, supplemented or otherwise modified from time to time.
HIL Sublimit means an amount equal to $60,000,000. The HIL Sublimit is part of, and not in addition to, the Aggregate Commitments.
Holdings has the meaning specified in the introductory paragraph hereto.
Holdings Guaranty means the Amended and Restated Guaranty, dated as of the Restatement Effective Date, made by Holdings in favor of the Administrative Agent, the Lenders, the Cash Management Banks and the Hedge Banks, substantially in the form of Exhibit H-2 , as the same may be amended, restated, supplemented or otherwise modified from time to time.
Immaterial Subsidiary means any Subsidiary which does not (on a consolidated basis with its Subsidiaries) have assets with a book value in excess of 5% of the consolidated assets of Holdings (as reported in the most recently published consolidated balance sheet of Holdings prior to the date of determination) or such Subsidiarys contribution to Consolidated EBITDA for the most recent four consecutive fiscal quarter period is in excess of 5%.
IFRS means international accounting standards within the meaning of IAS Regulation 1606/2002 to the extent applicable to the relevant financial statements delivered under or referred to herein.
Impacted Loans has the meaning specified therefor in Section 3.03 .
Indebtedness of any Person means, without duplication, (a) all obligations of such Person for borrowed money; (b) all obligations of such Person evidenced by bonds, debentures, notes or similar instruments; (c) all obligations of such Person upon which interest charges are customarily paid or accrued; (d) all obligations of such Person under conditional sale or other
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title retention agreements relating to property purchased by such Person; (e) all obligations of such Person issued or assumed as the deferred purchase price of property(excluding trade accounts payable and other accrued liabilities incurred in the ordinary course of business); (f) all Indebtedness of others secured by (or for which the holder of such Indebtedness has an existing right, contingent or otherwise, to be secured by) any Lien on property owned or acquired by such Person, whether or not the obligations secured thereby have been assumed; (g) all Capital Lease Obligations, purchase money obligations and Synthetic Lease Obligations of such Person; (h) all obligations of such Person in respect of Swap Contracts; provided that, the amount of Indebtedness of the type referred to in this clause (h) of any Person shall be zero unless and until such Indebtedness shall be terminated, in which case the amount of such Indebtedness shall be the termination payment due thereunder by such Person; (i) all obligations of such Person as an account party in respect of letters of credit, letters of guaranty and bankers acceptances provided that, the amount of Indebtedness in respect of such letters of credit and letters of guaranty shall be zero if and to the extent such letters of credit and letters of guaranty are cash collateralized; and (j) all Guarantees of such Person in respect of Indebtedness or obligations of others of the kinds referred to in clauses (a) through (i) above. The Indebtedness of any Person shall include the Indebtedness of any other entity (including any partnership in which such Person is a general partner) to the extent such Person is liable therefor as a result of such Persons ownership interest in or other relationship with such entity, except to the extent that the terms of such Indebtedness provide that such Person is not liable therefor.
Indemnified Taxes means Taxes (other than Excluded Taxes) imposed on or with respect to any payment made by or on account of any obligation of any Loan Party under any Loan Document.
Indemnitees has the meaning specified in Section 10.04(b) .
Information has the meaning specified in Section 10.07 .
Intercreditor Provisions has the meaning specified in Section 8.01(m) .
Interest Payment Date means, (a) as to any Loan other than a Base Rate Loan, the last day of each Interest Period applicable to such Loan and the Maturity Date applicable to such Loan; provided , however , that if any Interest Period for a Eurocurrency Rate Loan exceeds three months, the respective dates that fall every three months after the beginning of such Interest Period shall also be Interest Payment Dates; and (b) as to any Base Rate Loan (including a Swing Line Loan), the last Business Day of each March, June, September and December and the Maturity Date applicable to such Base Rate Loan.
Interest Period means (a) as to each Eurocurrency Rate Loan, the period commencing on the date such Eurocurrency Rate Loan is disbursed or converted to or continued as a Eurocurrency Rate Loan and ending on the date one day, one week or one, two, three or six months thereafter, as selected by the applicable Borrower in its Committed Loan Notice or such other period that is twelve months or less requested by the applicable Borrower and consented to by all the Lenders and (b) as to each Peso Rate Loan, the period commencing on the date such Peso rate Loan is disbursed or continued as a Peso Rate Loan and ending on the date twenty-eight (28) days thereafter (provided that at any time the Peso Rate shall be determined by reference to the CCP Rate in accordance with Section 3.03 , the relevant Interest Period shall end on the date thirty (30) days thereafter) provided that:
(i) any Interest Period that would otherwise end on a day that is not a Business Day shall be extended to the next succeeding Business Day unless such Business Day falls in another calendar month, in which case such Interest Period shall end on the next preceding Business Day;
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(ii) any Interest Period that begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Day of the calendar month at the end of such Interest Period; and
(iii) no Interest Period shall extend beyond the Maturity Date applicable to such Eurocurrency Rate Loan.
Investment means, as to any Person, any direct or indirect acquisition or investment by such Person, whether by means of (a) the purchase or other acquisition of capital stock or other securities of another Person, (b) a loan, advance or capital contribution to, Guarantee or assumption of debt of, or purchase or other acquisition of any other debt or equity participation or interest in, another Person, including any partnership or joint venture interest in such other Person and any arrangement pursuant to which the investor Guarantees Indebtedness of such other Person, or (c) the purchase or other acquisition (in one transaction or a series of related transactions) of assets of another Person that constitute a business unit or all or substantially all of the business of such Person. For purposes of covenant compliance, the amount of any Investment shall be the amount actually invested, without adjustment for subsequent increases or decreases in the value of such Investment.
IP Holding Company means (a) Herbalife BVI and (b) any other Subsidiary which from time to time owns or possesses the right to use any IP Rights (other than IP Rights that are of de minimis value) and licenses such rights to any other Subsidiary of Holdings.
IP Rights has the meaning specified therefor in Section 5.23 .
IRS means the United States Internal Revenue Service.
ISP means, with respect to any Letter of Credit, the International Standby Practices 1998 published by the Institute of International Banking Law & Practice, Inc. (or such later version thereof as may be in effect at the time of issuance).
Issuer Documents means with respect to any Letter of Credit, the Letter of Credit Application, and any other document, agreement and instrument entered into by the L/C Issuer and a Borrower (or any Subsidiary) or in favor of the L/C Issuer and relating to such Letter of Credit.
JPMorgan means J.P. Morgan Securities LLC and any successor thereto.
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L/C Advance means, with respect to each Lender, such Lenders funding of its participation in any L/C Borrowing in accordance with its Applicable Percentage. All L/C Advances shall be denominated in Dollars.
L/C Borrowing means an extension of credit resulting from a drawing under any Letter of Credit which has not been reimbursed on the date when made or refinanced as a Committed Borrowing. All L/C Borrowings shall be denominated in Dollars.
L/C Credit Extension means, with respect to any Letter of Credit, the issuance thereof or extension of the expiry date thereof, or the increase of the amount thereof.
L/C Issuer means, collectively, Bank of America in its capacity as an issuer of Letters of Credit hereunder, or any successor issuer of Letters of Credit hereunder, together with any other Lender designated by Holdings as a L/C Issuer with the consent of such Lender that is reasonably acceptable to the Administrative Agent.
L/C Obligations means, as at any date of determination, the aggregate amount available to be drawn under all outstanding Letters of Credit plus the aggregate of all Unreimbursed Amounts, including all L/C Borrowings. For purposes of computing the amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09 . For all purposes of this Agreement, if on any date of determination a Letter of Credit has expired by its terms but any amount may still be drawn thereunder by reason of the operation of Rule 3.14 of the ISP, such Letter of Credit shall be deemed to be outstanding in the amount so remaining available to be drawn.
Laws means, collectively, all international, foreign, Federal, state and local statutes, treaties, rules, guidelines, regulations, ordinances, codes and administrative or judicial precedents or authorities, including the interpretation or administration thereof by any Governmental Authority charged with the enforcement, interpretation or administration thereof, and all applicable administrative orders, directed duties, requests, licenses, authorizations and permits of, and agreements with, any Governmental Authority, in each case whether or not having the force of law.
Lender means any of the Persons identified as a Lender on the signature pages hereto and/or the First Amendment, and any Person which may become a Lender by way of assignment in accordance with the terms hereof, together with their successors and permitted assigns, and, as the context requires, includes the Swing Line Lender.
Lending Office means, as to any Lender, collectively, the office, offices, branch or branches of such Lender described as such in such Lenders Administrative Questionnaire, or such other office, offices, branch or branches as a Lender may from time to time notify the Borrowers and the Administrative Agent.
Letter of Credit means any letter of credit issued hereunder and shall include the Existing Letters of Credit. A Letter of Credit may be a commercial letter of credit or a standby letter of credit. Letters of Credit may be issued in Dollars or in an Alternative Currency.
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Letter of Credit Application means an application and agreement for the issuance or amendment of a Letter of Credit in the form from time to time in use by the L/C Issuer.
Letter of Credit Expiration Date means the day that is seven days prior to the Maturity Date then in effect (or, if such day is not a Business Day, the next preceding Business Day).
Letter of Credit Fee has the meaning specified in Section 2.03(h) .
Letter of Credit Sublimit means an amount equal to $200,000,000. The Letter of Credit Sublimit is part of, and not in addition to, the Aggregate Revolving Commitments (and is independent of, and shall not be reduced by, the Alternative Currency Sublimit).
Lien means any mortgage, pledge, hypothecation, assignment, deposit arrangement, encumbrance, lien (statutory or other), charge, or preference, priority or other security interest or preferential arrangement in the nature of a security interest of any kind or nature whatsoever (including any conditional sale or other title retention agreement, any easement, right of way or other encumbrance on title to real property, and any financing lease having substantially the same economic effect as any of the foregoing).
Loan means an extension of credit by a Lender to a Borrower under Article II in the form of a Committed Loan or a Swing Line Loan.
Loan Documents means this Agreement, each Designated Borrower Request and Assumption Agreement, each Note, each Issuer Document, the Fee Letter, the Collateral Documents, the Guaranties, the First Amendment, the Second Amendment, the Third Amendment, any document which expressly amends or otherwise modifies any Loan Document and any other document that is expressly identified by its terms as a Loan Document.
Loan Parties means, collectively, the Company, Holdings, HIL, each Guarantor and each Designated Borrower.
Loan Party Assets shall mean, for any Loan Party, as of any date of determination, the total assets of such Loan Party, determined in accordance with GAAP, calculated on an unconsolidated basis and by excluding all intercompany items (including, without limitation, the value of any investments (whether as equity or advances) among the Loan Parties and their subsidiaries).
Loan Party Consolidated EBITDA shall mean, for any period for any Loan Party, the amount of Consolidated EBITDA attributable to such Loan Party for such period, calculated on an unconsolidated basis and by excluding all intercompany items.
Luxembourg means the Grand Duchy of Luxembourg.
Luxembourg Companies Register means the Luxembourg Register of Commerce and Companies ( R.C.S Luxembourg ).
Luxembourg Loan Party means any Loan Party whose registered office or place of central administration is located in Luxembourg.
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Luxembourg Security Documents shall mean the following Luxembourg law governed pledge agreements:
(i) a share pledge agreement made between, amongst others, WH Luxembourg Holdings S.à r.l., as pledgor, and the Administrative Agent over 100% of the shares held by WH Luxembourg Holdings S.à r.l. in HLF Luxembourg Holdings S.à r.l.;
(ii) a share pledge agreement made between, amongst others, WH Luxembourg Holdings S.à r.l., as pledgor, and the Administrative Agent over 100% of the shares held by WH Luxembourg Holdings S.à r.l. in WHBL Luxembourg S.à r.l.;
(iii) a share pledge agreement made between, amongst others, WH Luxembourg Holdings S.à r.l., as pledgor, and the Administrative Agent over 100% of the shares held by WH Luxembourg Holdings S.à r.l. in Herbalife International Luxembourg S.à r.l.;
(iv) a share pledge agreement made between, amongst others, Herbalife International Luxembourg S.à r.l., as pledgor, and the Administrative Agent over 100% of the shares held by Herbalife International Luxembourg S.à r.l. in Herbalife Africa;
(v) a share pledge agreement made between, amongst others, Herbalife International Luxembourg S.à r.l., as pledgor, and the Administrative Agent over 100% of the shares held by Herbalife International Luxembourg S.à r.l. in Herbalife Luxembourg Distribution S.à r.l.;
(vi) a share pledge agreement made between, amongst others, Herbalife International Luxembourg S.à r.l., as pledgor, and the Administrative Agent over 100% of the shares held by Herbalife International Luxembourg S.à r.l. in HLF Luxembourg Distribution S.à r.l.;
(vii) a share pledge agreement made between, amongst others, WH Intermediate Holdings Ltd., as pledgor, and the Administrative Agent over 100% of the shares held by WH Intermediate Holdings Ltd. in HBL Luxembourg Holdings S.à r.l.;
(viii) a share pledge agreement made between, amongst others, HBL Luxembourg Holdings S.à r.l., as pledgor, and the Administrative Agent over 100% of the shares held by HBL Luxembourg Holdings S.à r.l. in WH Luxembourg Holdings S.à r.l.;
(ix) a receivables pledge agreement made between, amongst others, Herbalife BVI, as pledgor, and the Administrative Agent, with respect to certain rights existing under a Luxembourg law governed license agreement with respect to certain IP Rights, dated August 13, 2014 and effective as of December 13, 2013, and made between HIL as licensee and Herbalife BVI as licensor; and
(x) a receivables pledge agreement made between, amongst others, HIL, as pledgor, and the Administrative Agent, with respect to certain rights existing under a
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Luxembourg law governed license agreement with respect to certain IP Rights, dated August 13, 2014 and effective as of December 31, 2013, and made between HIL as licensee and Herbalife BVI as licensor.
Mandatory Cost means, with respect to any period, the percentage rate per annum determined in accordance with Schedule 1.01 .
Material Adverse Effect means (a) a material adverse change in, or a material adverse effect upon, the business operations, assets, or financial condition of Holdings and its Subsidiaries taken as a whole; (b) a material impairment of the rights and remedies of the Administrative Agent or any Lender under any of the Loan Documents or of the ability of the Loan Parties, taken as a whole, to perform their obligations under the Loan Documents; or (c) a material adverse effect upon the legality, validity, binding effect or enforceability against any Loan Party of any Loan Document to which it is a party.
Material Subsidiary means each Subsidiary other than any Immaterial Subsidiary.
Material Real Property means any fee-owned real property having a fair market value equal to or in excess of $50,000,000, including each real property listed on Schedule 5.25 .
Maturity Date means (a) with respect to the Revolving Credit Facility and the Swing Line Loans, March 9, 2017, and (b) with respect to the Term A Facility, the fifth anniversary of the Closing Date; provided , however , that, in each case, if such date is not a Business Day, the Maturity Date shall be the next preceding Business Day.
Minimum Collateral Amount means, at any time, (i) with respect to Cash Collateral consisting of cash or deposit account balances provided to reduce or eliminate Fronting Exposure during the existence of a Defaulting Lender, an amount equal to 105% of the Fronting Exposure of the L/C Issuer with respect to Letters of Credit issued and outstanding at such time, (ii) with respect to Cash Collateral consisting of cash or deposit account balances provided in accordance with the provisions of Section 2.17(a)(i)(A) , (a)(i) (B) or (a)(i)(C) , an amount equal to 105% of the Outstanding Amount of all L/C Obligations, and (iii) otherwise, an amount determined by the Administrative Agent and the L/C Issuer in their sole discretion.
MLPFS means Merrill Lynch, Pierce, Fenner & Smith Incorporated and any successor thereto.
Moodys means Moodys Investors Service, Inc. and any successor thereto.
Mortgage means each deed of trust, trust deed, deed to secure debt and mortgage, executed by a Loan Party which purports to grant a Lien to the Administrative Agent (or a trustee for the benefit of the Administrative Agent) for the benefit of the Secured Parties in any Mortgaged Properties, in each case in form and substance reasonably satisfactory to the Administrative Agent.
Mortgage Policy has the meaning specified in Section 6.13(a)(i)(F) .
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Mortgaged Property means any real property listed on Schedule 5.25 and any Material Real Property subject to a Mortgage pursuant to Section 6.13 .
Multiemployer Plan means any employee benefit plan of the type described in Section 4001(a)(3) of ERISA, to which the Company or any ERISA Affiliate makes or is obligated to make contributions, or during the preceding five plan years, has made or been obligated to make contributions.
NFIP has the meaning specified in Section 6.13(a)(i)(F) .
Non-Consenting Lender means any Lender that does not approve any consent, waiver or amendment that (i) requires the approval of all Lenders or all affected Lenders in accordance with the terms of Section 10.01 and (ii) has been approved by the Required Lenders.
Non-Defaulting Lender means, at any time, each Lender that is not a Defaulting Lender at such time.
Note means a promissory note made by a Borrower in favor of a Lender evidencing Loans made by such Lender to such Borrower, substantially in the form of Exhibit C .
Obligations means all advances to, and debts, liabilities, obligations, covenants and duties of, any Loan Party arising under any Loan Document or otherwise with respect to any Loan, Letter of Credit, Secured Cash Management Agreement or Secured Hedge Agreement, whether direct or indirect (including those acquired by assumption), absolute or contingent, due or to become due, now existing or hereafter arising and including interest and fees that accrue after the commencement by or against any Loan Party or any Affiliate thereof of any proceeding under any Debtor Relief Laws naming such Person as the debtor in such proceeding, regardless of whether such interest and fees are allowed claims in such proceeding; provided that, with respect to any Guarantor, the Obligations shall exclude any Excluded Swap Obligations.
Organization Documents means, (a) with respect to any corporation or company, the certificate or articles of incorporation and the bylaws or memorandum and articles of association (or equivalent or comparable constitutive documents with respect to any non-U.S. jurisdiction); (b) with respect to any limited liability company, the certificate or articles of formation or organization and operating agreement; and (c) with respect to any partnership, joint venture, trust or other form of business entity, the partnership, joint venture or other applicable agreement of formation or organization and any agreement, instrument, filing or notice with respect thereto filed in connection with its formation or organization with the applicable Governmental Authority in the jurisdiction of its formation or organization and, if applicable, any certificate or articles of formation or organization of such entity.
Other Connection Taxes means, with respect to any recipient of payments under the Loan Documents, Taxes imposed as a result of a present or former connection between such recipient and the jurisdiction imposing such Tax (other than connections arising from such recipient having executed, delivered, become a party to, performed its obligations under, received payments under, received or perfected a security interest under, engaged in any other transaction pursuant to or enforced any Loan Document, or sold or assigned an interest in any Loan or Loan Document).
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Other Taxes means all present or future stamp, court or documentary, intangible, recording, filings or similar Taxes arising from any payment made hereunder or under any other Loan Document or from the execution, delivery or enforcement of, or otherwise with respect to, this Agreement or any other Loan Document, except any such Taxes that are imposed with respect to an assignment (other than an assignment made pursuant to Section 10.13 ).
Outstanding Amount means (i) with respect to Committed Loans on any date, the Dollar Equivalent amount of the aggregate outstanding principal amount thereof after giving effect to any borrowings and prepayments or repayments of such Committed Loans occurring on such date; (ii) with respect to Swing Line Loans on any date, the aggregate outstanding principal amount thereof after giving effect to any borrowings and prepayments or repayments of such Swing Line Loans occurring on such date; and (iii) with respect to any L/C Obligations on any date, the Dollar Equivalent amount of the aggregate outstanding amount of such L/C Obligations on such date after giving effect to any L/C Credit Extension occurring on such date and any other changes in the aggregate amount of the L/C Obligations as of such date, including as a result of any reimbursements by the Borrowers of Unreimbursed Amounts.
Overnight Rate means, for any day, (a) with respect to any amount denominated in Dollars, the greater of (i) the Federal Funds Rate and (ii) an overnight rate determined by the Administrative Agent, the L/C Issuer, or the Swing Line Lender, as the case may be, in accordance with banking industry rules on interbank compensation, and (b) with respect to any amount denominated in an Alternative Currency, the rate of interest per annum at which overnight deposits in the applicable Alternative Currency, in an amount approximately equal to the amount with respect to which such rate is being determined, would be offered for such day by a branch or Affiliate of Bank of America in the applicable offshore interbank market for such currency to major banks in such interbank market.
Participant has the meaning specified in Section 10.06(d) .
Participant Register has the meaning specified in Section 10.06(d) .
Participating Member State means each state so described in any EMU Legislation.
PBGC means the Pension Benefit Guaranty Corporation.
Pension Plan means any employee pension benefit plan (as such term is defined in Section 3(2) of ERISA), other than a Multiemployer Plan, that is subject to Title IV of ERISA and is sponsored or maintained by the Company or any ERISA Affiliate or to which the Company or any ERISA Affiliate contributes or has an obligation to contribute, or in the case of a multiple employer or other plan described in Section 4064(a) of ERISA, has made contributions at any time during the immediately preceding five plan years.
Perfection Certificate means the Perfection Certificate, dated as of the Restatement Effective Date, delivered by the Borrowers to the Administrative Agent.
Permitted Convertible Indebtedness Call Transaction means any purchase by Holdings of a call or capped call option (or substantively equivalent derivative transaction) on Holdings common stock in connection with the issuance of the 2014 Convertible Notes or any refinancing,
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refunding, extension or renewal thereof as permitted by Section 7.03(k) and any sale by Holdings of a call option or warrant (or substantively equivalent derivative transaction) on Holdings common stock; provided that the purchase price for the Permitted Convertible Indebtedness Call Transaction does not exceed the net proceeds from the 2014 Convertible Notes or any such refinancing, refunding, extension or renewal thereof permitted by Section 7.03(k) , as applicable.
Permitted Encumbrances shall mean Liens of the type described in clauses (a), (c), (d) and (f) of Section 7.01 and such Liens as identified on the Mortgage Policy applicable to such property.
Permitted Lien has the meaning specified in Section 7.01 .
Person means any natural person, corporation, limited liability company, trust, joint venture, association, company, partnership, Governmental Authority or other entity.
Peso Rate means, for any Interest Period with respect to a Peso Rate Loan, the rate per annum equal to the Equilibrium Interbank Interest Rate for a twenty-eight day period ( TIIE Rate ), as published by Banco de Mexico in the Official Daily of the Federation of Mexico on the Business Day on which such Interest Period is to commence.
Peso Rate Loan means a Revolving Credit Loan that bears interest at a rate based on the Peso Rate. Peso Rate Loans may only be denominated in Pesos. All Revolving Credit Loans denominated in Pesos must be Peso Rate Loans.
Pesos means the lawful currency of Mexico.
Plan means any employee benefit plan (as such term is defined in Section 3(3) of ERISA) established by the Company or, with respect to any such plan that is subject to Section 412 of the Code or Title IV of ERISA, any ERISA Affiliate.
Platform has the meaning specified in Section 6.02 .
Pledged Equity Interests has the meaning specified in the Security Agreement.
Public Lender has the meaning specified in Section 6.02 .
Register has the meaning specified in Section 10.06(c) .
Related Parties means, with respect to any Person, such Persons Affiliates and the partners, directors, officers, employees, agents, trustees, administrators, managers, advisors and representatives of such Person and of such Persons Affiliates.
Removal Effective Date has the meaning specified in Section 9.06(b) .
Replacement Lien has the meaning specified in Section 7.01(b) .
Reportable Event means any of the events set forth in Section 4043(c) of ERISA, other than events for which the 30 day notice period has been waived.
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Request for Credit Extension means (a) with respect to a Borrowing, conversion or continuation of Committed Loans, a Committed Loan Notice, (b) with respect to an L/C Credit Extension, a Letter of Credit Application, and (c) with respect to a Swing Line Loan, a Swing Line Loan Notice.
Required Lenders means, as of any date of determination, Lenders having more than 50% of the Aggregate Commitments or, if the commitment of each Lender to make Loans and the obligation of the L/C Issuer to make L/C Credit Extensions have been terminated pursuant to Section 8.02 , Lenders holding in the aggregate more than 50% of the Total Outstandings (with the aggregate amount of each Lenders risk participation and funded participation in L/C Obligations and Swing Line Loans being deemed held by such Lender for purposes of this definition); provided that the Commitment of, and the portion of the Total Outstandings held or deemed held by, any Defaulting Lender shall be excluded for purposes of making a determination of Required Lenders.
Required Revolving Lenders means, as of any date of determination, Revolving Credit Lenders having more than 50% of the Aggregate Revolving Commitments or, if the commitment of each Revolving Credit Lender to make Revolving Credit Loans and the obligation of the L/C Issuer to make L/C Credit Extensions have been terminated pursuant to Section 8.02 , Revolving Credit Lenders holding in the aggregate more than 50% of the Total Revolving Outstandings (with the aggregate amount of each Revolving Credit Lenders risk participation and funded participation in L/C Obligations and Swing Line Loans being deemed held by such Revolving Credit Lender for purposes of this definition); provided that the Revolving Credit Commitment of, and the portion of the Total Revolving Outstandings held or deemed held by, any Defaulting Lender shall be excluded for purposes of making a determination of Required Revolving Lenders.
Required Term A Lenders means, as of any date of determination, Term A Lenders having more than 50% of the Aggregate Term A Commitments or Term A Loans; provided that the Term A Commitment held or deemed held by, any Defaulting Lender shall be excluded for purposes of making a determination of Required Term A Lenders.
Resignation Effective Date has the meaning specified in Section 9.06(a) .
Resolution has the meaning specified in Section 8.01(n) .
Responsible Officer means the chief executive officer, president, director, chief financial officer, chief operating officer, secretary, assistant secretary, treasurer, assistant treasurer or controller of a Loan Party, and, in the case of each Loan Party organized in a jurisdiction other than a State or territory of the United States, a director, a manager or managing partner (or, in each case, the foreign equivalent thereof), and, solely for purposes of notices given pursuant to Article II, any other officer or employee of the applicable Loan Party so designated by any of the foregoing in a notice to the Administrative Agent or any other officer or employee of the applicable Loan Party designated in or pursuant to an agreement between the applicable Loan Party and the Administrative Agent. Any document delivered hereunder that is signed by a Responsible Officer of a Loan Party shall be conclusively presumed to have been authorized by all necessary corporate, partnership and/or other action on the part of such Loan Party and such
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Responsible Officer shall be conclusively presumed to have acted on behalf of such Loan Party. To the extent requested by the Administrative Agent, each Responsible Officer will provide an incumbency certificate and to the extent requested by the Administrative Agent, appropriate authorization documentation, in form and substance reasonably satisfactory to the Administrative Agent.
Restatement Effective Date means the first date all the conditions precedent in Section 4 of the Third Amendment have been satisfied or waived pursuant to the terms thereof.
Restricted Payment means any dividend or other distribution (whether in cash, securities or other property) with respect to any capital stock or other Equity Interest of any Borrower or any Subsidiary thereof, or any payment (whether in cash, securities or other property), including any sinking fund or similar deposit, on account of the purchase, redemption, retirement, acquisition, cancellation or termination of any such capital stock or other Equity Interest, or on account of any return of capital to any Borrowers stockholders, partners or members (or the equivalent Person thereof).
Revaluation Date means (a) with respect to any Revolving Credit Loan, each of the following: (i) each date of a Borrowing of a Eurocurrency Rate Loan denominated in an Alternative Currency or a Peso Rate Loan, (ii) each date of a continuation of a Eurocurrency Rate Loan denominated in an Alternative Currency or a Peso Rate Loan pursuant to Section 2.02 , and (iii) such additional dates as the Administrative Agent shall determine or the Required Revolving Lenders shall require; and (b) with respect to any Letter of Credit, each of the following: (i) each date of issuance of a Letter of Credit denominated in an Alternative Currency, (ii) each date of an amendment of any such Letter of Credit having the effect of increasing the amount thereof, (iii) each date of any payment by the L/C Issuer under any Letter of Credit denominated in an Alternative Currency, (iv) in the case of the Existing Letters of Credit, the Restatement Effective Date, and (v) such additional dates as the Administrative Agent or the L/C Issuer shall determine or the Required Revolving Lenders shall require.
Revolving Credit Commitment means, as to each Revolving Credit Lender, its obligation to (a) make Revolving Credit Loans to the Borrowers pursuant to Section 2.01 , (b) purchase participations in L/C Obligations, and (c) purchase participations in Swing Line Loans, in an aggregate principal amount at any one time outstanding not to exceed the Dollar amount set forth opposite such Lenders name on Schedule 2.01 or in the Assignment and Assumption pursuant to which such Revolving Credit Lender becomes a party hereto, as applicable, as such amount may be adjusted from time to time in accordance with this Agreement. As of the Restatement Effective Date, the Revolving Credit Commitments of all of the Revolving Credit Lenders shall be $464,062,500.
Revolving Credit Facility means, at any time, the aggregate amount of the Revolving Credit Lenders Revolving Credit Commitments at such time.
Revolving Credit Lender means, at any time, each Lender having a Revolving Credit Commitment at such time. Revolving Credit Loan has the meaning specified in Section 2.01(a) .
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S&P means Standard & Poors Financial Services LLC, a subsidiary of The McGraw-Hill Companies, Inc. and any successor thereto.
Same Day Funds means (a) with respect to disbursements and payments in Dollars, immediately available funds, and (b) with respect to disbursements and payments in an Alternative Currency, same day or other funds as may be determined by the Administrative Agent or the L/C Issuer, as the case may be, to be customary in the place of disbursement or payment for the settlement of international banking transactions in the relevant Alternative Currency.
Sanction(s) means any international economic sanction administered or enforced by the U.S. Department of Treasury Office of Foreign Assets Control, the United Nations Security Council, the European Union, Her Majestys Treasury or other relevant sanctions authority.
Sanctioned Person means, at any time, (a) any Person listed in any Sanctions-related list of designated Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, or by the United Nations Security Council, the European Union or any European Union member state, (b) any Person operating, organized or resident in a Designated Jurisdiction or (c) any Person owned or controlled by any such Person or Persons described in the foregoing clauses (a) or (b).
SEC means the Securities and Exchange Commission, or any Governmental Authority succeeding to any of its principal functions.
Secured Cash Management Agreement means any Cash Management Agreement that is entered into by and between any Loan Party and any Cash Management Bank.
Second Amendment means the Second Amendment to Credit Agreement, dated as of February 3, 2014, among the Borrowers, the Guarantors, the Lenders party thereto, the Administrative Agent, the Swing Line Lender and the L/C Issuer.
Second Amendment Effective Date means the Amendment Effective Date as defined in the Second Amendment.
Secured Hedge Agreement means any Swap Contract permitted under Article VI and VII that is entered into by and between any Loan Party and any Hedge Bank.
Secured Parties means, collectively, the Administrative Agent, the Collateral Agent, the Lenders, the L/C Issuer, the Hedge Banks, the Cash Management Banks, each co-agent or sub-agent appointed by the Administrative Agent from time to time pursuant to Section 9.05 , the Indemnitees and the other Persons the Obligations owing to which are or are purported to be secured by the Collateral under the terms of the Collateral Documents; provided that Lenders shall include any Designated Lenders.
Securities Act means the Securities Act of 1933, as amended.
Security Agreement means the Amended and Restated Security Agreement, dated as of the Restatement Effective Date, made by the Company and the Domestic Guarantors in favor of
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Bank of America, as Administrative Agent and as collateral agent for the Secured Parties, substantially in the form of Exhibit I , as the same may be amended, restated, supplemented or otherwise modified from time to time.
Solvent and Solvency mean, with respect to any Person on any date of determination, that on such date (a) the fair value of the property of such Person is greater than the fair value of the total amount of liabilities, including contingent liabilities, of such Person, (b) the present fair salable value of the assets of such Person is not less than the amount that will be required to pay the probable liability of such Person on its debts as they become absolute and matured, (c) such Person does not intend to, and does not believe that it will, incur debts or liabilities beyond such Persons ability to pay such debts and liabilities as they mature, (d) such Person is not engaged in business or a transaction, and is not about to engage in business or a transaction, for which such Persons property would constitute an unreasonably small capital, (e) such Person is able to pay its debts and liabilities, contingent obligations and other commitments as they mature in the ordinary course of business, and (f) in respect of a Luxembourg Loan Party, such Person is not in a state of cessation of payments ( cessation de paiements ) and has not lost its commercial creditworthiness and would not become unable to do so. The amount of contingent liabilities at any time shall be computed as the amount that, in the light of all the facts and circumstances existing at such time, represents the amount that can reasonably be expected to become an actual or matured liability.
Special Flood Hazard Area means an area that the Federal Emergency Management Agencys current flood maps indicate has at least a one percent (1%) chance of a flood equal to or exceeding the base flood elevation (a 100-year flood) in any given year.
Special Notice Currency means at any time an Alternative Currency, other than the currency of a country that is a member of the Organization for Economic Cooperation and Development at such time located in North America or Europe.
Specified Loan Party means any Loan Party that is not an eligible contract participant under the Commodity Exchange Act (determined prior to giving effect to any keepwell, support or other agreement for the benefit of such Loan Party for all purposes of the Commodity Exchange Act).
Spot Rate for a currency means the rate determined by the Administrative Agent or the L/C Issuer, as applicable, to be the rate quoted by the Person acting in such capacity as the spot rate for the purchase by such Person of such currency with another currency through its principal foreign exchange trading office at approximately 8:00 a.m. on the date two Business Days prior to the date as of which the foreign exchange computation is made; provided that the Administrative Agent or the L/C Issuer may obtain such spot rate from another financial institution designated by the Administrative Agent or the L/C Issuer if the Person acting in such capacity does not have as of the date of determination a spot buying rate for any such currency; and provided further that the L/C Issuer may use such spot rate quoted on the date as of which the foreign exchange computation is made in the case of any Letter of Credit denominated in an Alternative Currency.
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Sublimit means, as the case may be, the Alternative Currency Sublimit, the Letter of Credit Sublimit, the HIL Sublimit or the Swing Line Sublimit.
Subsidiary of a Person means a corporation, partnership, joint venture, limited liability company or other business entity of which a majority of the shares of securities or other interests having ordinary voting power for the election of directors or other governing body (other than securities or interests having such power only by reason of the happening of a contingency) are at the time beneficially owned, or the management of which is otherwise controlled, directly, or indirectly through one or more intermediaries, or both, by such Person. Unless otherwise specified, all references herein to a Subsidiary or to Subsidiaries shall refer to a Subsidiary or Subsidiaries of Holdings.
Swap Contract means (a) any and all rate swap transactions, basis swaps, credit derivative transactions, forward rate transactions, commodity swaps, commodity options, forward commodity contracts, equity or equity index swaps or options, bond or bond price or bond index swaps or options or forward bond or forward bond price or forward bond index transactions, interest rate options, forward foreign exchange transactions, cap transactions, floor transactions, collar transactions, currency swap transactions, cross-currency rate swap transactions, currency options, spot contracts, or any other similar transactions or any combination of any of the foregoing (including any options to enter into any of the foregoing), whether or not any such transaction is governed by or subject to any master agreement, and (b) any and all transactions of any kind, and the related confirmations, which are subject to the terms and conditions of, or governed by, any form of master agreement published by the International Swaps and Derivatives Association, Inc., any International Foreign Exchange Master Agreement, or any other master agreement (any such master agreement, together with any related schedules, a Master Agreement ), including any such obligations or liabilities under any Master Agreement; provided that neither any agreements or arrangements related to a Permitted Convertible Indebtedness Call Transaction nor any share forward purchase contract or similar contract with respect to the Equity Interests of Holdings entered into to consummate any repurchase of Equity Interests permitted by Section 7.06 shall be deemed to be a Swap Contract.
Swap Obligations means with respect to any Guarantor any obligation to pay or perform under any agreement, contract or transaction that constitutes a swap within the meaning of Section 1a(47) of the Commodity Exchange Act.
Swap Termination Value means, in respect of any one or more Swap Contracts, after taking into account the effect of any legally enforceable netting agreement relating to such Swap Contracts, (a) for any date on or after the date such Swap Contracts have been closed out and termination value(s) determined in accordance therewith, such termination value(s), and (b) for any date prior to the date referenced in clause (a), the amount(s) determined as the mark-to-market value(s) for such Swap Contracts, as determined based upon one or more mid-market or other readily available quotations provided by any recognized dealer in such Swap Contracts (which may include a Lender or any Affiliate of a Lender).
Swing Line Borrowing means a borrowing of a Swing Line Loan pursuant to Section 2.04 .
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Swing Line Lender means Bank of America in its capacity as provider of Swing Line Loans, or any successor swing line lender hereunder.
Swing Line Loan has the meaning specified in Section 2.04(a) .
Swing Line Loan Notice means a notice of a Swing Line Borrowing pursuant to Section 2.04(b) , which, if in writing, shall be substantially in the form of Exhibit B or such other form as approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer.
Swing Line Sublimit means an amount equal to the lesser of (a) $50,000,000 and (b) the Aggregate Revolving Commitments. The Swing Line Sublimit is part of, and not in addition to, the Aggregate Revolving Commitments.
Synthetic Lease Obligation means the monetary obligation of a Person under (a) a so-called synthetic, off-balance sheet or tax retention lease, or (b) an agreement for the use or possession of property creating obligations that do not appear on the balance sheet of such Person but which, upon the insolvency or bankruptcy of such Person, would be characterized as the indebtedness of such Person (without regard to accounting treatment); provided, however, that, the term Synthetic Lease Obligation shall in any event exclude any obligations that are liabilities of any such Person, as lessee, under any operating lease entered into in the ordinary course of business.
TARGET Day means any day on which the Trans-European Automated Real-time Gross Settlement Express Transfer (TARGET) payment system (or, if such payment system ceases to be operative, such other payment system (if any) determined by the Administrative Agent to be a suitable replacement) is open for the settlement of payments in Euro.
Taxes means all present or future taxes, levies, imposts, duties, deductions, withholdings (including backup withholding), assessments, fees or other charges imposed by any Governmental Authority, including any interest, additions to tax or penalties applicable thereto.
Threshold Amount means an amount equal to 5% of the consolidated assets of Holdings (as reported in the consolidated balance sheet of Holdings and its Subsidiaries most recently delivered pursuant to Section 6.01(a) or (b)) .
Term A Commitment means, as to each Term A Lender, its obligation to make Term A Loans to Holdings pursuant to Section 2.01(b) in an aggregate principal amount at any one time outstanding not to exceed the amount set forth opposite such Term A Lenders name on Schedule 2.01 under the caption Term A Commitment, opposite such caption in the Assignment and Assumption pursuant to which such Term A Lender becomes a party hereto, as applicable, as such amount may be adjusted from time to time in accordance with this Agreement. For purposes of the definition of Required Lenders, the amount of each Term A Lenders Term A Commitment shall be deemed to be the Outstanding Amount of such Term A Lenders Term A Loans.
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Term A Facility means, at any time, the aggregate amount of the Term A Lenders Term A Commitments at such time.
Term A Lender means, at any time, each Lender having a Term A Commitment or a Term A Loan at such time.
Term A Loan has the meaning specified in Section 2.01(b) .
Third Amendment means the Third Amendment to Credit Agreement, dated as of the Restatement Effective Date, among the Borrowers, the Guarantors party thereto, the Lenders party thereto, the Administrative Agent, the Swing Line Lender and the L/C Issuer.
Title Company has the meaning specified in Section 6.13(a)(i)(F) .
Total Outstandings means the aggregate Outstanding Amount of all Loans and all L/C Obligations.
Total Revolving Outstandings means the aggregate Outstanding Amount of all Revolving Credit Loans, Swing Line Loans and L/C Obligations.
Trading With the Enemy Act has the meaning specified in Section 7.10(b) .
Type means, with respect to a Committed Loan, its character as a Base Rate Loan, a Eurocurrency Rate Loan or Peso Rate Loan.
U.S. IP Security Agreement has the meaning specified therefor in Section 4 of the Third Amendment.
Unfunded Pension Liability means the excess of a Pension Plans benefit liabilities under Section 4001(a)(16) of ERISA, over the current value of that Pension Plans assets, determined in accordance with the assumptions used for funding the Pension Plan pursuant to Section 412 of the Code for the applicable plan year.
United States and U.S. mean the United States of America.
Unreimbursed Amount has the meaning specified in Section 2.03(c)(i) .
Wholly-Owned Subsidiary means, as to any Person, (a) any corporation 100% of whose capital stock (other than directors qualifying shares or shares held by a nominee holder) is at the time owned by such Person and/or one or more Wholly-Owned Subsidiaries of such person and (b) any partnership, association, joint venture, limited liability company or other entity in which such Person and/or one or more Wholly-Owned Subsidiaries of such Person have a 100% Equity Interest at such time.
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1.02 Other Interpretive Provisions. With reference to this Agreement and each other Loan Document, unless otherwise specified herein or in such other Loan Document:
(a) The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words include , includes and including shall be deemed to be followed by the phrase without limitation. The word will shall be construed to have the same meaning and effect as the word shall . Unless the context requires otherwise, (i) any definition of or reference to any agreement, instrument or other document (including any Organization Document) shall be construed as referring to such agreement, instrument or other document as from time to time amended, restated, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein or in any other Loan Document), (ii) any reference herein to any Person shall be construed to include such Persons successors and assigns, (iii) the words herein , hereof and hereunder , and words of similar import when used in any Loan Document, shall be construed to refer to such Loan Document in its entirety and not to any particular provision thereof, (iv) all references in a Loan Document to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, the Loan Document in which such references appear, (v) any reference to any law shall include all statutory and regulatory provisions consolidating, amending, replacing or interpreting such law and any reference to any law or regulation shall, unless otherwise specified, refer to such law or regulation as amended, modified or supplemented from time to time, and (vi) the words asset and property shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights.
(b) In the computation of periods of time from a specified date to a later specified date, the word from means from and including ; the words to and until each mean to but excluding ; and the word through means to and including .
(c) Section headings herein and in the other Loan Documents are included for convenience of reference only and shall not affect the interpretation of this Agreement or any other Loan Document.
(d) Without prejudice to the generality of any provision of this Agreement, to the extent this Agreement relates to a Luxembourg Loan Party, a reference to: (a) a winding-up, administration or dissolution includes, without limitation, bankruptcy ( faillite ), insolvency, liquidation, composition with creditors ( concordat préventif de faillite ), moratorium or reprieve from payment ( sursis de paiement ), controlled management ( gestion contrôlée ), fraudulent conveyance ( actio pauliana ), general settlement with creditors, reorganization or similar laws affecting the rights of creditors generally; (b) a receiver, administrative receiver, administrator, trustee, custodian, sequestrator, conservator or similar officer appointed for the reorganization or liquidation of the business of a person includes, without limitation, a juge délégué , commissaire , juge-commissaire , mandataire ad hoc , administrateur provisoire , liquidateur or curateur ; (c) a lien or security interest includes any hypothèque, nantissement, gage, privilège, sûreté réelle, droit de rétention and any type of security in rem ( sûreté réelle ) or agreement or arrangement having a similar effect and any transfer of title by way of security; (d) a person being unable to pay its debts includes that person being in a state of cessation de paiements ; (e) creditors process means an executory attachment ( saisie exécutoire ) or conservatory attachment ( saisie conservatoire ); (f) a guarantee includes any garantie which is independent from the debt to
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which it relates and excludes any suretyship ( cautionnement ) within the meaning of Articles 2011 and seq. of the Luxembourg Civil Code; (g) by-laws or constitutional documents includes its up-to-date (restated) articles of association ( statuts coordonnés ); and (h) a director includes an administrateur or a gérant .
1.03 Accounting Terms . (a) Generally . All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein. Notwithstanding the foregoing, for purposes of determining compliance with any covenant (including the computation of any financial covenant) contained herein, Indebtedness of the Company and its Subsidiaries shall be deemed to be carried at 100% of the outstanding principal amount thereof, and the effects of FASB ASC 825 and FASB ASC 470-20 on financial liabilities shall be disregarded.
(b) Changes in GAAP . If at any time any change in GAAP (including the adoption of IFRS) would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Borrowers or the Required Lenders shall so request, the Administrative Agent, the Lenders and the Borrowers shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to the approval of the Required Lenders); provided that , until so amended, (i) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (ii) the Borrowers shall provide to the Administrative Agent and the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP. Without limiting the foregoing, leases shall continue to be classified and accounted for on a basis consistent with that reflected in the Audited Financial Statements for all purposes of this Agreement, notwithstanding any change in GAAP relating thereto, unless the parties hereto shall enter into a mutually acceptable amendment addressing such changes, as provided for above.
1.04 Rounding . Any financial ratios required to be maintained by the Borrowers pursuant to this Agreement shall be calculated by dividing the appropriate component by the other component, carrying the result to one place more than the number of places by which such ratio is expressed herein and rounding the result up or down to the nearest number (with a rounding-up if there is no nearest number).
1.05 Exchange Rates; Currency Equivalents . (a) The Administrative Agent or the L/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Credit Extensions and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by Loan Parties hereunder or calculating financial covenants hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or the L/C Issuer, as applicable.
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(b) Wherever in this Agreement in connection with a Committed Borrowing, conversion, continuation or prepayment of a Eurocurrency Rate Loan or a Peso Rate Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Committed Borrowing, Eurocurrency Rate Loan, Peso Rate Loan or Letter of Credit is denominated in an Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of such Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative Agent or the L/C Issuer, as the case may be.
1.06 Additional Alternative Currencies . (a) The Borrowers may from time to time request that Eurocurrency Rate Loans be made and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of Alternative Currency; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. In the case of any such request with respect to the making of Eurocurrency Rate Loans, such request shall be subject to the approval of the Administrative Agent and the Lenders; and in the case of any such request with respect to the issuance of Letters of Credit, such request shall be subject to the approval of the Administrative Agent and the L/C Issuer.
(b) Any such request shall be made to the Administrative Agent not later than 8:00 a.m., 15 Business Days prior to the date of the desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, the L/C Issuer, in its or their sole discretion). In the case of any such request pertaining to Eurocurrency Rate Loans, the Administrative Agent shall promptly notify each Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the L/C Issuer thereof. Each Lender (in the case of any such request pertaining to Eurocurrency Rate Loans) or the L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify the Administrative Agent, not later than 8:00 a.m., ten Business Days after receipt of such request whether it consents, in its sole discretion, to the making of Eurocurrency Rate Loans or the issuance of Letters of Credit, as the case may be, in such requested currency.
(c) Any failure by a Lender or the L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by such Lender or the L/C Issuer, as the case may be, to permit Eurocurrency Rate Loans to be made or Letters of Credit to be issued in such requested currency. If the Administrative Agent and all the Lenders consent to making Eurocurrency Rate Loans in such requested currency, the Administrative Agent shall so notify the Borrowers and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Committed Borrowings of Eurocurrency Rate Loans; and if the Administrative Agent and the L/C Issuer consent to the issuance of Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrowers and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an
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additional currency under this Section 1.06 , the Administrative Agent shall promptly so notify the Borrowers. Any specified currency of an Existing Letter of Credit that is neither Dollars nor one of the Alternative Currencies specifically listed in the definition of Alternative Currency shall be deemed an Alternative Currency with respect to such Existing Letter of Credit only.
1.07 Change of Currency . (a) Each obligation of the Borrowers to make a payment denominated in the national currency unit of any member state of the European Union that adopts the Euro as its lawful currency after the date hereof shall be redenominated into Euro at the time of such adoption (in accordance with the EMU Legislation). If, in relation to the currency of any such member state, the basis of accrual of interest expressed in this Agreement in respect of that currency shall be inconsistent with any convention or practice in the London interbank market for the basis of accrual of interest in respect of the Euro, such expressed basis shall be replaced by such convention or practice with effect from the date on which such member state adopts the Euro as its lawful currency; provided that if any Committed Borrowing in the currency of such member state is outstanding immediately prior to such date, such replacement shall take effect, with respect to such Committed Borrowing, at the end of the then current Interest Period.
(b) Each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify to be appropriate to reflect the adoption of the Euro by any member state of the European Union and any relevant market conventions or practices relating to the Euro.
(c) Each provision of this Agreement also shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify to be appropriate to reflect a change in currency of any other country and any relevant market conventions or practices relating to the change in currency.
1.08 Times of Day . Unless otherwise specified, all references herein to times of day shall be references to Pacific time (daylight or standard, as applicable).
1.09 Letter of Credit Amounts . Unless otherwise specified herein, the amount of a Letter of Credit at any time shall be deemed to be the Dollar Equivalent of the stated amount of such Letter of Credit in effect at such time; provided , however , that with respect to any Letter of Credit that, by its terms or the terms of any Issuer Document related thereto, provides for one or more automatic increases in the stated amount thereof, the amount of such Letter of Credit shall be deemed to be the Dollar Equivalent of the maximum stated amount of such Letter of Credit after giving effect to all such increases, whether or not such maximum stated amount is in effect at such time.
ARTICLE II.
THE COMMITMENTS AND CREDIT EXTENSIONS
2.01 Committed Loans .
(a) Subject to the terms and conditions set forth herein, each Lender severally agrees to make revolving loans (each such loan, a Revolving Credit Loan ) to each Borrower in Dollars or in one or more Alternative Currencies from time to time, on any Business Day during
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the Availability Period in an aggregate amount for all the Borrowers not to exceed at any time outstanding the amount of such Lenders Revolving Credit Commitment; provided , however , that after giving effect to any Committed Borrowing of Revolving Credit Loans, (i) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Lender, plus such Lenders Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Lenders Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lenders Revolving Credit Commitment, (iii) the aggregate Outstanding Amount of all Revolving Credit Loans made to HIL shall not exceed the HIL Sublimit and (iv) the aggregate Outstanding Amount of all Revolving Credit Loans denominated in Alternative Currencies shall not exceed the Alternative Currency Sublimit. Within the limits of each Lenders Revolving Credit Commitment, and subject to the other terms and conditions hereof, each Borrower may borrow under this Section 2.01(a) , prepay under Section 2.05 , and reborrow under this Section 2.01(a) . Revolving Credit Loans may be Base Rate Loans, Eurocurrency Rate Loans or Peso Rate Loans, as further provided herein. The Revolving Credit Loans to each Borrower shall be the sole and several liability of that Borrower and the other Borrowers shall not be co-obligors or have any joint liability for such Loans (except to the extent that any liability is derived by the other Borrowers as Guarantors of the Obligations of that Borrower).
(b) Subject to the terms and conditions set forth herein, each Term A Lender severally agreed to make a single loan (each, a Term A Loan ) to Holdings on the First Amendment Effective Date in an amount not exceeding such Term A Lenders Term A Commitment. The Committed Borrowing of Term A Loans on the First Amendment Effective Date consisted of Term A Loans made simultaneously by the Term A Lenders in accordance with their respective Applicable Percentage of the Term A Facility. Amounts borrowed under this Section 2.01(b) and repaid or prepaid may not be reborrowed. Term A Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein. The Term A Loans shall be the sole and several liability of Holdings, and the other Borrowers shall not be co-obligors or have any joint liability for, the Term A Loans (except to the extent that any liability is derived by the other Borrowers as Guarantors of the Obligations of Holdings). All Term A Loans shall be denominated in Dollars, and each Term A Lender hereby agrees and acknowledges that notwithstanding the provisions of Section 10.01 or Section 1.06 , any determination made pursuant to Section 1.06 in respect of any additional Alternative Currencies shall be made solely by the Revolving Credit Lenders and without any right of approval by any Term A Lender.
2.02 Borrowings, Conversions and Continuations of Committed Loans . (a) Each Committed Borrowing, each conversion of Committed Loans from one Type to the other, and each continuation of Eurocurrency Rate Loans and Peso Rate Loans shall be made upon the applicable Borrowers irrevocable notice to the Administrative Agent, which may be given by telephone. Each such notice must be received by the Administrative Agent not later than (i) 10:00 a.m. three Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Eurocurrency Rate Loans denominated in Dollars, (ii) 10:00 a.m. four Business Days (or five Business Days in the case of a Special Notice Currency) prior to the requested date of any Borrowing or continuation of Eurocurrency Rate Loans denominated in Alternative Currencies or of Peso Rate Loans, and (iii) 9:00 a.m. on the requested date of any Borrowing of Base Rate Committed Loans; provided , however , that if a Borrower wishes to request Eurocurrency Rate Loans under either Facility having an Interest Period other than one day, one
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week or one, two, three or six months in duration as provided in the definition of Interest Period, the applicable notice must be received by the Administrative Agent not later than 10:00 a.m. (i) four Business Days prior to the requested date of such Borrowing, conversion or continuation of Eurocurrency Rate Loans denominated in Dollars, or (ii) five Business Days (or six Business days in the case of a Special Notice Currency) prior to the requested date of such Borrowing, conversion or continuation of Eurocurrency Rate Loans denominated in Alternative Currencies, whereupon the Administrative Agent shall give prompt notice to the Lenders under such Facility of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 10:00 a.m., (i) three Business Days before the requested date of such Borrowing, conversion or continuation of Eurocurrency Rate Loans denominated in Dollars, or (ii) four Business Days (or five Business days in the case of a Special Notice Currency) prior to the requested date of such Borrowing, conversion or continuation of Eurocurrency Rate Loans denominated in Alternative Currencies, the Administrative Agent shall notify the applicable Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all the Lenders under the applicable Facility. Each telephonic notice by a Borrower pursuant to this Section 2.02(a) must be confirmed promptly by delivery to the Administrative Agent of a written Committed Loan Notice, appropriately completed and signed by a Responsible Officer of such Borrower. Each Borrowing of, conversion to or continuation of Eurocurrency Rate Loans or Peso Rate Loans shall be in a principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof. Except as provided in Sections 2.03(c) and 2.04(c) , each Committed Borrowing of or conversion to Base Rate Committed Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each Committed Loan Notice (whether telephonic or written) shall specify (i) whether the applicable Borrower is requesting a Committed Borrowing, a conversion of Committed Loans from one Type to the other, or a continuation of Eurocurrency Rate Loans or Peso Rate Loans, (ii) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (iii) the principal amount of Committed Loans to be borrowed, converted or continued, (iv) the Type of Committed Loans to be borrowed or to which existing Committed Loans are to be converted, (v) if applicable, the duration of the Interest Period with respect thereto, (vi) the currency of the Committed Loans to be borrowed, (vii) the identity of the applicable Borrower, and (viii) whether the applicable Borrower is requesting a Borrowing, conversion or continuation of Revolving Credit Loans or of Term A Loans. If the applicable Borrower fails to specify a currency in a Committed Loan Notice requesting a Borrowing, then the Committed Loans so requested shall be made in Dollars. If the applicable Borrower fails to specify a Type of Committed Loan in a Committed Loan Notice or if the applicable Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Committed Loans shall be made as, or converted to, Base Rate Loans; provided , however , that in the case of a failure to timely request a continuation of Committed Loans denominated in an Alternative Currency, such Loans shall be continued as Eurocurrency Rate Loans or Peso Rate Loans in their original currency with an Interest Period of one month, in the case of Eurocurrency Rate Loans, or twenty-eight or thirty days, in the case of Peso Rate Loans (and in accordance with the definition of Interest Period). Any automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurocurrency Rate Loans. If a Borrower requests a Borrowing of, conversion to, or continuation of Eurocurrency Rate Loans in any such Committed Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. If
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a Committed Loan Notice fails to specify the identity of the applicable Borrower, then the Committed Loans so requested shall be made to the Borrower submitting such Committed Loan Notice; provided , however , that in the case of a failure to identify the applicable Borrower in the case of a request for a continuation of Committed Loans, such Loans shall be continued as Loans made to the Borrower to which such Loans were initially made. No Committed Loan may be converted into or continued as a Committed Loan denominated in a different currency, but instead must be prepaid in the original currency of such Committed Loan and reborrowed in the other currency.
(b) Following receipt of a Committed Loan Notice, the Administrative Agent shall promptly notify each Lender of the amount (and currency) of its Applicable Percentage of the applicable Committed Loans, and if no timely notice of a conversion or continuation is provided by the applicable Borrower, the Administrative Agent shall notify each Lender of the details of any automatic conversion to Base Rate Loans or continuation of Committed Loans denominated in a currency other than Dollars, in each case as described in the preceding subsection. In the case of a Committed Borrowing, each Lender shall make the amount of its Committed Loan available to the Administrative Agent in Same Day Funds at the Administrative Agents Office for the applicable currency not later than 12:00 noon, in the case of any Committed Loan denominated in Dollars, and not later than the Applicable Time specified by the Administrative Agent in the case of any Committed Loan in an Alternative Currency, in each case on the Business Day specified in the applicable Committed Loan Notice. Upon satisfaction of the applicable conditions set forth in Section 4.02 (and, if such Borrowing is to be made on the Restatement Effective Date, Section 4.01 ), the Administrative Agent shall make all funds so received available to the Company or the other applicable Borrower in like funds as received by the Administrative Agent either by (i) crediting the account of such Borrower on the books of Bank of America with the amount of such funds or (ii) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Administrative Agent by the applicable Borrower; provided , however , that if, on the date the Committed Loan Notice with respect to such Borrowing of Revolving Credit Loans denominated in Dollars is given by the Company, there are L/C Borrowings outstanding, then the proceeds of such Borrowing, first , shall be applied to the payment in full of any such L/C Borrowings, and, second , shall be made available to the applicable Borrower as provided above.
(c) Except as otherwise provided herein, a Eurocurrency Rate Loan or a Peso Rate Loan may be continued or converted only on the last day of an Interest Period for such Loan. During the existence of a Default, no Loans may be requested as, converted to or continued as Eurocurrency Rate Loans (whether in Dollars or any Alternative Currency) without the consent of the Required Revolving Lenders or the Required Term A Lenders, as applicable, and the Required Revolving Lenders may demand that any or all of the then outstanding Eurocurrency Rate Loans or Peso Rate Loans denominated in an Alternative Currency be prepaid, or redenominated into Dollars in the amount of the Dollar Equivalent thereof, on the last day of the then current Interest Period with respect thereto.
(d) The Administrative Agent shall promptly notify the Company and the applicable Lenders of the interest rate applicable to any Interest Period for Eurocurrency Rate Loans or Peso Rate Loans upon determination of such interest rate. At any time that Base Rate Loans are outstanding under any Facility, the Administrative Agent shall notify the Company and the Lenders under such Facility of any change in Bank of Americas prime rate used in determining the Base Rate promptly following the public announcement of such change.
(e) After giving effect to all Committed Borrowings, all conversions of Committed Loans from one Type to the other, and all continuations of Committed Loans as the same Type, there shall not be more than ten Interest Periods in effect with respect to Committed Loans.
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2.03 Letters of Credit . (a) The Letter of Credit Commitment.
(i) Subject to the terms and conditions set forth herein, (A) the L/C Issuer agrees, in reliance upon the agreements of the Revolving Credit Lenders set forth in this Section 2.03 , (1) from time to time on any Business Day during the period from the Closing Date until the Letter of Credit Expiration Date, to issue Letters of Credit denominated in Dollars or in one or more Alternative Currencies for the account of any Borrower or Subsidiary, and to amend or extend Letters of Credit previously issued by it, in accordance with subsection (b) below, and (2) to honor drawings under the Letters of Credit; and (B) the Lenders severally agree to participate in Letters of Credit issued for the account of any Borrower or Subsidiary and any drawings thereunder; provided that after giving effect to any L/C Credit Extension with respect to any Letter of Credit, (w) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, (x) the aggregate Outstanding Amount of the Revolving Credit Loans of any Revolving Credit Lender, plus such Revolving Credit Lenders Applicable Revolving Percentage of the Outstanding Amount of all L/C Obligations, plus such Revolving Credit Lenders Applicable Revolving Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Lenders Revolving Credit Commitment, (y) the Outstanding Amount of the L/C Obligations shall not exceed the Letter of Credit Sublimit and (z) the Outstanding Amount of all L/C Obligations denominated in Alternative Currencies shall not exceed $100,000,000. Each request by a Borrower for the issuance or amendment of a Letter of Credit shall be deemed to be a representation by such Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence. Within the foregoing limits, and subject to the terms and conditions hereof, the Borrowers ability to obtain Letters of Credit shall be fully revolving, and accordingly the Borrowers may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursed. All Existing Letters of Credit shall be deemed to have been issued pursuant hereto, and from and after the Restatement Effective Date shall be subject to and governed by the terms and conditions hereof.
(ii) The L/C Issuer shall not issue any Letter of Credit, if:
(A) subject to Section 2.03(b)(iii) , the expiry date of such requested Letter of Credit would occur more than twelve months after the date of issuance or last extension, unless the Required Revolving Lenders have approved such expiry date; or
(B) the expiry date of such requested Letter of Credit would occur after the Letter of Credit Expiration Date, unless either all Revolving Lenders have approved such expiry date or such Letter of Credit has been Cash Collateralized or backstopped in a manner reasonably satisfactory to the L/C Issuer.
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(iii) The L/C Issuer shall not be under any obligation to issue any Letter of Credit if:
(A) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the L/C Issuer from issuing such Letter of Credit, or any Law applicable to the L/C Issuer or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the L/C Issuer shall prohibit, or request that the L/C Issuer refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon the L/C Issuer with respect to such Letter of Credit any restriction, reserve or capital requirement (for which the L/C Issuer is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the L/C Issuer any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which the L/C Issuer in good faith deems material to it;
(B) the issuance of such Letter of Credit would violate one or more policies of the L/C Issuer applicable to letters of credit generally;
(C) except as otherwise agreed by the Administrative Agent and the L/C Issuer, such Letter of Credit is in an initial stated amount less than $25,000, in the case of a commercial Letter of Credit, or $100,000, in the case of a standby Letter of Credit;
(D) except as otherwise agreed by the Administrative Agent and the L/C Issuer, such Letter of Credit is to be denominated in a currency other than Dollars or an Alternative Currency;
(E) the L/C Issuer does not as of the issuance date of such requested Letter of Credit issue Letters of Credit in the requested currency; or
(F) a default of any Revolving Credit Lenders obligations to fund under Section 2.03(c) exists or any Revolving Credit Lender is at such time a Defaulting Lender hereunder, unless the L/C Issuer has entered into arrangements, including the delivery of Cash Collateral, satisfactory to the L/C Issuer (in its sole discretion) with the Borrowers or such Revolving Credit Lender to eliminate the L/C Issuers actual or potential Fronting Exposure (after giving effect to Section 2.18(a)(iv) ) with respect to the Defaulting Lender arising from either the Letter of Credit then proposed to be issued or that Letter of Credit and all other L/C Obligations as to which the L/C Issuer has actual or potential Fronting Exposure, as it may elect in its sole discretion.
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(iv) The L/C Issuer shall not amend any Letter of Credit if the L/C Issuer would not be permitted at such time to issue such Letter of Credit in its amended form under the terms hereof.
(v) The L/C Issuer shall be under no obligation to amend any Letter of Credit if (A) the L/C Issuer would have no obligation at such time to issue such Letter of Credit in its amended form under the terms hereof, or (B) the beneficiary of such Letter of Credit does not accept the proposed amendment to such Letter of Credit.
(vi) The L/C Issuer shall act on behalf of the Lenders with respect to any Letters of Credit issued by it and the documents associated therewith, and the L/C Issuer shall have all of the benefits and immunities (A) provided to the Administrative Agent in Article IX with respect to any acts taken or omissions suffered by the L/C Issuer in connection with Letters of Credit issued by it or proposed to be issued by it and Issuer Documents pertaining to such Letters of Credit as fully as if the term Administrative Agent as used in Article IX included the L/C Issuer with respect to such acts or omissions, and (B) as additionally provided herein with respect to the L/C Issuer.
(b) Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit.
(i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the applicable Borrower delivered to the L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Responsible Officer of such Borrower. Such Letter of Credit Application may be sent by facsimile, by United States mail, by overnight courier, by electronic transmission using the system provided by the L/C Issuer, by personal delivery or by any other means acceptable to the L/C Issuer. Such Letter of Credit Application must be received by the L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Administrative Agent and the L/C Issuer may agree in a particular instance in their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount and currency thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; (G) the purpose and nature of the requested Letter of Credit; and (H) such other matters as the L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the L/C Issuer (A) the Letter of Credit to be amended; (B) the proposed date of amendment thereof (which shall be a Business Day); (C) the nature of the proposed amendment; and (D) such other matters the L/C Issuer may require. Additionally, the applicable Borrower shall furnish to the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may require.
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(ii) Promptly after receipt of any Letter of Credit Application, the L/C Issuer will confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has received a copy of such Letter of Credit Application from the applicable Borrower and, if not, the L/C Issuer will provide the Administrative Agent with a copy thereof. Unless the L/C Issuer has received written notice from any Revolving Credit Lender, the Administrative Agent or any Loan Party, at least one Business Day prior to the requested date of issuance or amendment of the applicable Letter of Credit, that one or more applicable conditions contained in Article IV shall not then be satisfied, then, subject to the terms and conditions hereof, the L/C Issuer shall, on the requested date, issue a Letter of Credit for the account of the applicable Borrower (or the applicable Subsidiary) or enter into the applicable amendment, as the case may be, in each case in accordance with the L/C Issuers usual and customary business practices. Immediately upon the issuance of each Letter of Credit, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the L/C Issuer a risk participation in such Letter of Credit in an amount equal to the product of such Revolving Credit Lenders Applicable Revolving Percentage times the amount of such Letter of Credit.
(iii) If the applicable Borrower so requests in any applicable Letter of Credit Application, the L/C Issuer may, in its sole and absolute discretion, agree to issue a Letter of Credit that has automatic extension provisions (each, an Auto-Extension Letter of Credit ); provided that any such Auto-Extension Letter of Credit must permit the L/C Issuer to prevent any such extension at least once in each twelve-month period (commencing with the date of issuance of such Letter of Credit) by giving prior notice to the beneficiary thereof not later than a day (the Non-Extension Notice Date ) in each such twelve-month period to be agreed upon at the time such Letter of Credit is issued. Unless otherwise directed by the L/C Issuer, the applicable Borrower shall not be required to make a specific request to the L/C Issuer for any such extension. Once an Auto-Extension Letter of Credit has been issued, the Revolving Credit Lenders shall be deemed to have authorized (but may not require) the L/C Issuer to permit the extension of such Letter of Credit at any time to an expiry date not later than the Letter of Credit Expiration Date; provided , however , that the L/C Issuer shall not permit any such extension if (A) the L/C Issuer has determined that it would not be permitted, or would have no obligation, at such time to issue such Letter of Credit in its revised form (as extended) under the terms hereof (by reason of the provisions of clause (ii) or (iii) of Section 2.03(a) or otherwise), or (B) it has received notice (which may be by telephone or in writing) on or before the day that is seven Business Days before the Non-Extension Notice Date (1) from the Administrative Agent that the Required Revolving Lenders have elected not to permit such extension or (2) from the Administrative Agent, any Revolving Credit Lender or the applicable Borrower that one or more of the applicable conditions specified in Section 4.02 is not then satisfied, and in each such case directing the L/C Issuer not to permit such extension.
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(iv) Promptly after its delivery of any Letter of Credit or any amendment to a Letter of Credit to an advising bank with respect thereto or to the beneficiary thereof, the L/C Issuer will also deliver to the applicable Borrower and the Administrative Agent a true and complete copy of such Letter of Credit or amendment.
(c) Drawings and Reimbursements; Funding of Participations .
(i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the L/C Issuer shall notify the applicable Borrower and the Administrative Agent thereof. In the case of any reimbursement of a drawing under a Letter of Credit denominated in an Alternative Currency, the L/C Issuer shall notify the applicable Borrower of the Dollar Equivalent of the amount of the drawing promptly following the determination thereof. Not later than 3:00 p.m. on the date of any payment by the L/C Issuer under a Letter of Credit, to the extent the relevant Borrower has received notice that such payment is to be made by 8:00 a.m. on such date or, in the event such notice is received after 8:00 a.m. on such date by not later than 12:00 p.m. on the next succeeding Business Day (each such date, an Honor Date ), the applicable Borrower shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the Dollar Equivalent of the amount of such drawing and in Dollars. If the applicable Borrower fails to so reimburse the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (expressed in Dollars in the amount of the Dollar Equivalent thereof in the case of a Letter of Credit denominated in an Alternative Currency) (the Unreimbursed Amount ), and the amount of such Revolving Credit Lenders Applicable Revolving Percentage thereof. In such event, the applicable Borrower shall be deemed to have requested a Committed Borrowing of Base Rate Loans to be disbursed on the Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Aggregate Revolving Commitments and the conditions set forth in Section 4.02 (other than the delivery of a Committed Loan Notice). Any notice given by the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
(ii) Each Revolving Credit Lender shall upon any notice pursuant to Section 2.03(c)(i) make funds available to the Administrative Agent for the account of the L/C Issuer, in Dollars, at the Administrative Agents Office for Dollar-denominated payments in an amount equal to its Applicable Revolving Percentage of the Unreimbursed Amount not later than 10:00 a.m. on the Business Day specified in such notice by the Administrative Agent, whereupon, subject to the provisions of Section 2.03(iii) , each Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan under the Revolving Credit Facility to the applicable Borrower in such amount. The Administrative Agent shall remit the funds so received to the L/C Issuer in Dollars.
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(iii) With respect to any Unreimbursed Amount that is not fully refinanced by a Committed Borrowing of Base Rate Loans because the conditions set forth in Section 4.02 cannot be satisfied or for any other reason, the applicable Borrower shall be deemed to have incurred from the L/C Issuer an L/C Borrowing in the amount of the Unreimbursed Amount that is not so refinanced, which L/C Borrowing shall be due and payable on demand (together with interest) and shall bear interest at the Default Rate. In such event, each Revolving Credit Lenders payment to the Administrative Agent for the account of the L/C Issuer pursuant to Section 2.03(c)(ii) shall be deemed payment in respect of its participation in such L/C Borrowing and shall constitute an L/C Advance from such Lender in satisfaction of its participation obligation under this Section 2.03 .
(iv) Until each Revolving Credit Lender funds its Revolving Credit Loan or L/C Advance pursuant to this Section 2.03(c) to reimburse the L/C Issuer for any amount drawn under any Letter of Credit, interest in respect of such Lenders Applicable Revolving Percentage of such amount shall be solely for the account of the L/C Issuer.
(v) Each Revolving Credit Lenders obligation to make Revolving Credit Loans or L/C Advances to reimburse the L/C Issuer for amounts drawn under Letters of Credit, as contemplated by this Section 2.03(c) , shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any setoff, counterclaim, recoupment, defense or other right which such Revolving Credit Lender may have against the L/C Issuer, any Borrower, any Subsidiary or any other Person for any reason whatsoever; (B) the occurrence or continuance of a Default, or (C) any other occurrence, event or condition, whether not similar to any of the foregoing; provided , however , that each Lenders obligation to make Revolving Credit Loans pursuant to this Section 2.03(c) is subject to the conditions set forth in Section 4.02 (other than delivery by the applicable Borrower of a Committed Loan Notice). No such making of an L/C Advance shall relieve or otherwise impair the obligation of the applicable Borrower to reimburse the L/C Issuer for the amount of any payment made by the L/C Issuer under any Letter of Credit, together with interest as provided herein.
(vi) If any Revolving Credit Lender fails to make available to the Administrative Agent for the account of the L/C Issuer any amount required to be paid by such Revolving Credit Lender pursuant to the foregoing provisions of this Section 2.03(c) by the time specified in Section 2.03(c)(ii) , the L/C Issuer shall be entitled to recover from such Revolving Credit Lender (acting through the Administrative Agent), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the L/C Issuer at a rate per annum equal to the applicable Overnight Rate from time to time in effect, plus any administrative, processing or similar fees customarily charged by the L/C Issuer in connection with the foregoing. If such Revolving Credit Lender pays such amount (with interest and fees as aforesaid), the amount so paid shall constitute such Lenders Revolving Credit Loan included in the relevant Committed Borrowing or L/C Advance in respect of the relevant L/C Borrowing, as the case may be. A certificate of the L/C Issuer submitted to any Lender (through the Administrative Agent) with respect to any amounts owing under this clause (vi) shall be conclusive absent manifest error.
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(d) Repayment of Participations .
(i) At any time after the L/C Issuer has made a payment under any Letter of Credit and has received from any Revolving Credit Lender such Lenders L/C Advance in respect of such payment in accordance with Section 2.03(c) , if the Administrative Agent receives for the account of the L/C Issuer any payment in respect of the related Unreimbursed Amount or interest thereon (whether directly from a Borrower or otherwise, including proceeds of Cash Collateral applied thereto by the Administrative Agent), the Administrative Agent will distribute to such Revolving Credit Lender its Applicable Revolving Percentage thereof in Dollars and in the same funds as those received by the Administrative Agent.
(ii) If any payment received by the Administrative Agent for the account of the L/C Issuer pursuant to Section 2.03(c)(i) required to be returned under any of the circumstances described in Section 10.05 (including pursuant to any settlement entered into by the L/C Issuer in its discretion), each Revolving Credit Lender shall pay to the Administrative Agent for the account of the L/C Issuer its Applicable Revolving Percentage thereof on demand of the Administrative Agent, plus interest thereon from the date of such demand to the date such amount is returned by such Revolving Credit Lender, at a rate per annum equal to the applicable Overnight Rate from time to time in effect. The obligations of the Lenders under this clause shall survive the payment in full of the Obligations and the termination of this Agreement.
(e) Obligations Absolute . The obligation of the applicable Borrower to reimburse the L/C Issuer for each drawing under each Letter of Credit and to repay each L/C Borrowing shall be absolute, unconditional and irrevocable, and shall be paid strictly in accordance with the terms of this Agreement under all circumstances, including the following:
(i) any lack of validity or enforceability of such Letter of Credit, this Agreement, or any other Loan Document;
(ii) the existence of any claim, counterclaim, setoff, defense or other right that any Borrower or any Subsidiary thereof may have at any time against any beneficiary or any transferee of such Letter of Credit (or any Person for whom any such beneficiary or any such transferee may be acting), the L/C Issuer or any other Person, whether in connection with this Agreement, the transactions contemplated hereby or by such Letter of Credit or any agreement or instrument relating thereto, or any unrelated transaction;
(iii) any draft, demand, certificate or other document presented under such Letter of Credit proving to be forged, fraudulent, invalid or insufficient in any respect or any statement therein being untrue or inaccurate in any respect; or any loss or delay in the transmission or otherwise of any document required in order to make a drawing under such Letter of Credit;
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(iv) any waiver by the L/C Issuer of any requirement that exists for the L/C Issuers protection and not the protection of the applicable Borrower or any waiver by the L/C Issuer which does not in fact materially prejudice the applicable Borrower;
(v) any honor of a demand for payment presented electronically even if such Letter of Credit requires that demand be in the form of a draft;
(vi) any payment made by the L/C Issuer in respect of an otherwise complying item presented after the date specified as the expiration date of, or the date by which documents must be received under such Letter of Credit if presentation after such date is authorized by the UCC, the ISP or the UCP, as applicable;
(vii) any payment by the L/C Issuer under such Letter of Credit against presentation of a draft or certificate that does not strictly comply with the terms of such Letter of Credit; or any payment made by the L/C Issuer under such Letter of Credit to any Person purporting to be a trustee in bankruptcy, debtor-in-possession, assignee for the benefit of creditors, liquidator, receiver or other representative of or successor to any beneficiary or any transferee of such Letter of Credit, including any arising in connection with any proceeding under any Debtor Relief Law;
(viii) any adverse change in the relevant exchange rates or in the availability of the relevant Alternative Currency to any Borrower or any Subsidiary thereof or in the relevant currency markets generally; or
(ix) any other circumstance or happening whatsoever, whether or not similar to any of the foregoing, including any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Borrower or any Subsidiary thereof.
Each Borrower shall promptly examine a copy of each Letter of Credit and each amendment thereto that is delivered to it and, in the event of any claim of noncompliance with such Borrowers instructions or other irregularity, such Borrower will immediately notify the L/C Issuer. Each Borrower shall be conclusively deemed to have waived any such claim against the L/C Issuer and its correspondents unless such notice is given as aforesaid.
(f) Role of L/C Issuer . Each Revolving Credit Lender and each Borrower agree that, in paying any drawing under a Letter of Credit, the L/C Issuer shall not have any responsibility to obtain any document (other than any sight draft, certificates and documents expressly required by the Letter of Credit) or to ascertain or inquire as to the validity or accuracy of any such document or the authority of the Person executing or delivering any such document. None of the L/C Issuer, the Administrative Agent, any of their respective Related Parties nor any correspondent, participant or assignee of the L/C Issuer shall be liable to any Lender for (i) any action taken or omitted in connection herewith at the request or with the approval of the Lenders, the Required Revolving Lenders or the Required Lenders, as applicable; (ii) any action taken or omitted in the absence of gross negligence or willful misconduct; or (iii) the due execution, effectiveness, validity or enforceability of any document or instrument related to any Letter of Credit or Issuer Document. Each Borrower hereby assumes all risks of the acts or omissions of
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any beneficiary or transferee with respect to its use of any Letter of Credit; provided , however , that this assumption is not intended to, and shall not, preclude any Borrowers pursuing such rights and remedies as it may have against the beneficiary or transferee at law or under any other agreement. None of the L/C Issuer, the Administrative Agent, any of their respective Related Parties nor any correspondent, participant or assignee of the L/C Issuer shall be liable or responsible for any of the matters described in clauses (i) through (v) of Section 2.03(e) ; provided , however , that anything in such clauses to the contrary notwithstanding, a Borrower may have a claim against the L/C Issuer, and the L/C Issuer may be liable to such Borrower, to the extent, but only to the extent, of any direct, as opposed to consequential or exemplary, damages suffered by such Borrower which such Borrower proves were caused by the L/C Issuers willful misconduct or gross negligence or the L/C Issuers willful failure to pay under any Letter of Credit after the presentation to it by the beneficiary of a sight draft and certificate(s) strictly complying with the terms and conditions of a Letter of Credit. In furtherance and not in limitation of the foregoing, the L/C Issuer may accept documents that appear on their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary, and the L/C Issuer shall not be responsible for the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign a Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason. The L/C Issuer may send a Letter of Credit or conduct any communication to or from the beneficiary via the Society for Worldwide Interbank Financial Telecommunication ( SWIFT ) message or overnight courier, or any other commercially reasonable means of communicating with a beneficiary.
(g) Applicability of ISP and UCP . Unless otherwise expressly agreed by the L/C Issuer and the applicable Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit. Notwithstanding the foregoing, the L/C Issuer shall not be responsible to any Borrower for, and the L/C Issuers rights and remedies against the Borrowers shall not be impaired by, any action or inaction of the L/C Issuer required or permitted under any law, order, or practice that is required or permitted to be applied to any Letter of Credit or this Agreement, including the Law or any order of a jurisdiction where the L/C Issuer or the beneficiary is located, the practice stated in the ISP or UCP, as applicable, or in the decisions, opinions, practice statements, or official commentary of the ICC Banking Commission, the Bankers Association for Finance and TradeInternational Financial Services Association (BAFT-IFSA), or the Institute of International Banking Law & Practice, whether or not any Letter of Credit chooses such law or practice.
(h) Letter of Credit Fees . Each Borrower shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Revolving Percentage, in Dollars, a Letter of Credit fee (the Letter of Credit Fee ) for each Letter of Credit issued for its account equal to the Applicable Rate times the Dollar Equivalent of the daily amount available to be drawn under any such Letter of Credit; provided , however, any Letter of Credit Fees otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the L/C Issuer pursuant to this Section 2.03 shall be payable, to the maximum extent permitted by applicable
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Law, to the other Lenders in accordance with the upward adjustments in their respective Applicable Revolving Percentages allocable to such Letter of Credit pursuant to Section 2.18(a)(iv) , with the balance of such fee, if any, payable to the L/C Issuer for its own account. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09 . Letter of Credit Fees shall be (i) due and payable on the fifth Business Day after the end of each March, June, September and December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand and (ii) computed on a quarterly basis in arrears. If there is any change in the Applicable Rate during any quarter, the daily amount available to be drawn under each Letter of Credit shall be computed and multiplied by the Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect. Notwithstanding anything to the contrary contained herein, upon the request of the Required Lenders, while any Event of Default exists, all Letter of Credit Fees shall accrue at the Default Rate.
(i) Fronting Fee and Documentary and Processing Charges Payable to L/C Issuer . Each Borrower shall pay directly to the L/C Issuer for its own account, in Dollars, a fronting fee with respect to each Letter of Credit issued for its account, at the rate per annum specified in the Fee Letter, computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the fifth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09 . In addition, each Borrower shall pay directly to the L/C Issuer for its own account, in Dollars, the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of the L/C Issuer relating to letters of credit issued for the account of such Borrower as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.
(j) Conflict with Issuer Documents . In the event of any conflict between the terms hereof and the terms of any Issuer Document, the terms hereof shall control.
(k) Letters of Credit Issued for Subsidiaries. Notwithstanding that a Letter of Credit issued or outstanding hereunder is in support of any obligations of, or is for the account of, a Subsidiary, the Borrower that requested the issuance of such Letter of Credit shall be obligated to reimburse the L/C Issuer hereunder for any and all drawings under such Letter of Credit. Each Borrower hereby acknowledges that the issuance of Letters of Credit for the account of Subsidiaries inures to the benefit of such Borrower, and that such Borrowers business derives substantial benefits from the businesses of such Subsidiaries.
(l) Letter of Credit Reporting . On a monthly basis, each L/C Issuer shall deliver to the Administrative Agent a complete list of all outstanding Letters of Credit issued by such L/C Issuer.
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2.04 Swing Line Loans . (a) The Swing Line . Subject to the terms and conditions set forth herein, the Swing Line Lender, in reliance upon the agreements of the other Lenders set forth in this Section 2.04 , may in its sole discretion make loans in Dollars (each such loan, a Swing Line Loan ) to the Company from time to time on any Business Day during the Availability Period in an aggregate amount not to exceed at any time outstanding the amount of the Swing Line Sublimit, notwithstanding the fact that such Swing Line Loans, when aggregated with the Applicable Revolving Percentage of the Outstanding Amount of Revolving Credit Loans and L/C Obligations of the Lender acting as Swing Line Lender, may exceed the amount of such Lenders Commitment; provided , however , that after giving effect to any Swing Line Loan, (i) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, and (ii) the aggregate Outstanding Amount of the Revolving Credit Loans of any Revolving Credit Lender, plus such Revolving Credit Lenders Applicable Percentage of the Outstanding Amount of all L/C Obligations, plus such Revolving Credit Lenders Applicable Percentage of the Outstanding Amount of all Swing Line Loans shall not exceed such Revolving Credit Lenders Revolving Credit Commitment, and provided , further , that the Company shall not use the proceeds of any Swing Line Loan to refinance any outstanding Swing Line Loan. Within the foregoing limits, and subject to the other terms and conditions hereof, the Company may borrow under this Section 2.04 , prepay under Section 2.05 , and reborrow under this Section 2.04 . Each Swing Line Loan shall be a Base Rate Loan. Immediately upon the making of a Swing Line Loan, each Revolving Credit Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from the Swing Line Lender a risk participation in such Swing Line Loan in an amount equal to the product of such Revolving Credit Lenders Applicable Revolving Percentage times the amount of such Swing Line Loan.
(b) Borrowing Procedures . Each Swing Line Borrowing shall be made upon the Companys irrevocable notice to the Swing Line Lender and the Administrative Agent, which may be given by telephone. Each such notice must be received by the Swing Line Lender and the Administrative Agent not later than 11:00 a.m. on the requested borrowing date, and shall specify (i) the amount to be borrowed, which shall be a minimum of $1,000,000, and (ii) the requested borrowing date, which shall be a Business Day. Each such telephonic notice must be confirmed promptly by delivery to the Swing Line Lender and the Administrative Agent of a written Swing Line Loan Notice, appropriately completed and signed by a Responsible Officer of the Company. Promptly after receipt by the Swing Line Lender of any telephonic Swing Line Loan Notice, the Swing Line Lender will confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has also received such Swing Line Loan Notice and, if not, the Swing Line Lender will notify the Administrative Agent (by telephone or in writing) of the contents thereof. Unless the Swing Line Lender has received notice (by telephone or in writing) from the Administrative Agent (including at the request of any Lender) prior to 12:00 p.m. on the date of the proposed Swing Line Borrowing (A) directing the Swing Line Lender not to make such Swing Line Loan as a result of the limitations set forth in the first proviso to the first sentence of Section 2.04(a) , or (B) that one or more of the applicable conditions specified in Article IV is not then satisfied, then, subject to the terms and conditions hereof, the Swing Line Lender will, not later than 1:00 p.m. on the borrowing date specified in such Swing Line Loan Notice, make the amount of its Swing Line Loan available to the Company at its office by crediting the account of the Company on the books of the Swing Line Lender in Same Day Funds.
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(c) Refinancing of Swing Line Loans .
(i) The Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Company (which hereby irrevocably authorizes the Swing Line Lender to so request on its behalf), that each Revolving Credit Lender make a Base Rate Committed Loan under the Revolving Credit Facility in an amount equal to such Revolving Credit Lenders Applicable Revolving Percentage of the amount of Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02 , without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate Revolving Commitments and the conditions set forth in Section 4.02 . The Swing Line Lender shall furnish the Company with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Administrative Agent. Each Revolving Credit Lender shall make an amount equal to its Applicable Revolving Percentage of the amount specified in such Committed Loan Notice available to the Administrative Agent in Same Day Funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Swing Line Loan) for the account of the Swing Line Lender at the Administrative Agents Office for Dollar-denominated payments not later than 10:00 a.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.04(c)(ii) , each Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the Company under the Revolving Credit Facility in such amount. The Administrative Agent shall remit the funds so received to the Swing Line Lender.
(ii) If for any reason any Swing Line Loan cannot be refinanced by such a Committed Borrowing in accordance with Section 2.04(c)(i) , the request for Base Rate Committed Loans submitted by the Swing Line Lender as set forth herein shall be deemed to be a request by the Swing Line Lender that each of the Lenders fund its risk participation in the relevant Swing Line Loan and each Lenders payment to the Administrative Agent for the account of the Swing Line Lender pursuant to Section 2.04(c)(i) shall be deemed payment in respect of such participation.
(iii) If any Revolving Credit Lender fails to make available to the Administrative Agent for the account of the Swing Line Lender any amount required to be paid by such Revolving Credit Lender pursuant to the foregoing provisions of this Section 2.04(c) by the time specified in Section 2.04(c)(i) , the Swing Line Lender shall be entitled to recover from such Revolving Credit Lender (acting through the Administrative Agent), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the Swing Line Lender at a rate per annum equal to the applicable Overnight Rate from time to time in effect, plus any administrative, processing or similar fees customarily charged by the Swing Line Lender in connection with the foregoing. If such Revolving Credit Lender pays such amount (with interest and fees as aforesaid), the amount so paid shall constitute such Lenders Revolving Credit Loan included in the relevant Committed Borrowing or funded participation in the relevant Swing Line Loan, as the case may be. A certificate of the Swing Line Lender submitted to any Revolving Credit Lender (through the Administrative Agent) with respect to any amounts owing under this clause (iii) shall be conclusive absent manifest error.
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(iv) Each Revolving Credit Lenders obligation to make Revolving Credit Loans or to purchase and fund risk participations in Swing Line Loans pursuant to this Section 2.04(c) shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, the Company or any other Person for any reason whatsoever, (B) the occurrence or continuance of a Default, or (C) any other occurrence, event or condition, whether or not similar to any of the foregoing; provided , however , that each Revolving Credit Lenders obligation to make Revolving Credit Loans pursuant to this Section 2.04(c) is subject to the conditions set forth in Section 4.02 . No such funding of risk participations shall relieve or otherwise impair the obligation of the Company to repay Swing Line Loans, together with interest as provided herein.
(d) Repayment of Participations .
(i) At any time after any Revolving Credit Lender has purchased and funded a risk participation in a Swing Line Loan, if the Swing Line Lender receives any payment on account of such Swing Line Loan, the Swing Line Lender will distribute to such Revolving Credit Lender its Applicable Revolving Percentage thereof in the same funds as those received by the Swing Line Lender.
(ii) If any payment received by the Swing Line Lender in respect of principal or interest on any Swing Line Loan is required to be returned by the Swing Line Lender under any of the circumstances described in Section 10.05 (including pursuant to any settlement entered into by the Swing Line Lender in its discretion), each Revolving Credit Lender shall pay to the Swing Line Lender its Applicable Percentage thereof on demand of the Administrative Agent, plus interest thereon from the date of such demand to the date such amount is returned, at a rate per annum equal to the applicable Overnight Rate. The Administrative Agent will make such demand upon the request of the Swing Line Lender. The obligations of the Revolving Credit Lenders under this clause shall survive the payment in full of the Obligations and the termination of this Agreement.
(e) Interest for Account of Swing Line Lender . The Swing Line Lender shall be responsible for invoicing the Company for interest on the Swing Line Loans. Until each Lender funds its Base Rate Committed Loan or risk participation pursuant to this Section 2.04 to refinance such Revolving Credit Lenders Applicable Revolving Percentage of any Swing Line Loan, interest in respect of such Applicable Revolving Percentage shall be solely for the account of the Swing Line Lender.
(f) Payments Directly to Swing Line Lender . The Company shall make all payments of principal and interest in respect of the Swing Line Loans directly to the Swing Line Lender.
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2.05 Prepayments . (a) Any Borrower may, upon notice from the Company to the Administrative Agent, at any time or from time to time voluntarily prepay Committed Loans in whole or in part without premium or penalty; provided that (i) such notice must be received by the Administrative Agent (which notice shall be in writing or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer) not later than 8:00 a.m. (A) three Business Days prior to any date of prepayment of Eurocurrency Rate Loans denominated in Dollars, (B) four Business Days (or five, in the case of prepayment of Loans denominated in Special Notice Currencies) prior to any date of prepayment of Eurocurrency Rate Loans denominated in Alternative Currencies or of Peso Rate Loans, and (C) on the date of prepayment of Base Rate Committed Loans; (ii) any prepayment of Eurocurrency Rate Loans denominated in Dollars shall be in a principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof; (iii) any prepayment of Eurocurrency Rate Loans denominated in Alternative Currencies or of Peso Rate Loans shall be in a minimum principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof; and (iv) any prepayment of Base Rate Committed Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof or, in each case, if less, the entire principal amount thereof then outstanding. Each such notice shall specify the date and amount of such prepayment, the Type(s) of Committed Loans to be prepaid, whether the Loans to be prepaid are Term A Loans or Revolving Credit Loans and, if Eurocurrency Rate Loans or Peso Rate Loans are to be prepaid, the Interest Period(s) of such Loans. The Administrative Agent will promptly notify each Lender under the applicable Facility of its receipt of each such notice, and of the amount of such Lenders Applicable Percentage of such prepayment. If such notice is given by the Company, the applicable Borrower shall make such prepayment and the payment amount specified in such notice shall be due and payable on the date specified therein; provided that not more than two times per fiscal year, such notice, if accompanied by a commitment reduction notice in accordance with Section 2.06(a) , may state that it is conditioned upon the effectiveness of other credit facilities or the incurrence of other Indebtedness, the consummation of a particular Disposition or the occurrence of a Change of Control, in which case such notice may be revoked by the applicable Borrower(s) (by notice to the Administrative Agent on or prior to the specified prepayment date) if such condition is not satisfied. Any prepayment of a Eurocurrency Rate Loan or Peso Rate Loan shall be accompanied by all accrued interest on the amount prepaid, together with any additional amounts required pursuant to Section 3.05 . Each such prepayment shall be applied to the Committed Loans of the Lenders under the applicable Facility in accordance with their respective Applicable Percentages. Each prepayment of the outstanding Term A Loans pursuant to this Section 2.05(a) shall be applied to the principal repayment installments thereof on a pro-rata basis.
(b) The Company may, upon notice to the Swing Line Lender (with a copy to the Administrative Agent), at any time or from time to time, voluntarily prepay Swing Line Loans in whole or in part without premium or penalty; provided that (i) such notice must be received by the Swing Line Lender and the Administrative Agent not later than 10:00 a.m. on the date of the prepayment (which notice shall be in writing or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer), and (ii) any such prepayment shall be in a minimum principal amount of $1,000,000. Each such notice shall specify the date and amount of such prepayment. If such notice is given by the Company, the Company shall make such prepayment and the payment amount specified in such notice shall be due and payable on the date specified therein.
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(c) If the Administrative Agent notifies the Company at any time that the Total Revolving Outstandings at such time exceed an amount equal to 110% of the Aggregate Revolving Commitments then in effect, then, within three Business Days after receipt of such notice, the Borrowers shall prepay Revolving Credit Loans and/or Swing Line Loans and/or any applicant Borrower shall Cash Collateralize the L/C Obligations in an aggregate amount sufficient to reduce the Total Revolving Outstandings as of such date of payment to an amount not to exceed 100% of the Aggregate Revolving Commitments then in effect; provided , however , that, subject to the provisions of Section 2.17(a)(ii) , the Company shall not be required to Cash Collateralize the L/C Obligations pursuant to this Section 2.05(c) unless after the prepayment in full of the Revolving Credit Loans and Swing Line Loans the Total Revolving Outstandings exceed the Aggregate Revolving Commitments then in effect. The Administrative Agent may, at any time and from time to time after the initial deposit of such Cash Collateral, request that additional Cash Collateral be provided in order to protect against the results of further exchange rate fluctuations.
(d) If the Administrative Agent notifies the Company at any time that the Outstanding Amount of all Revolving Credit Loans denominated in Alternative Currencies at such time exceeds an amount equal to 110% of the Alternative Currency Sublimit then in effect, then, within three Business Days after receipt of such notice, one or more Borrowers shall prepay its Revolving Credit Loans in an aggregate amount sufficient to reduce such Outstanding Amount as of such date of payment to an amount not to exceed 100% of the Alternative Currency Sublimit then in effect.
2.06 Termination or Reduction of Commitments .
(a) The Company may, upon notice to the Administrative Agent, terminate the Aggregate Revolving Commitments, or from time to time permanently reduce the Aggregate Revolving Commitments; provided that (i) any such notice shall be received by the Administrative Agent not later than 11:00 a.m. five Business Days prior to the date of termination or reduction, (ii) any such partial reduction shall be in an aggregate amount of $5,000,000 or any whole multiple of $1,000,000 in excess thereof, (iii) the Company shall not terminate or reduce the Aggregate Revolving Commitments if, after giving effect thereto and to any concurrent prepayments hereunder, the Total Revolving Outstandings would exceed the Aggregate Revolving Commitments, and (iv) if, after giving effect to any reduction of the Aggregate Revolving Commitments, the Alternative Currency Sublimit, the Letter of Credit Sublimit, the HIL Sublimit, the Designated Borrower Sublimit or the Swing Line Sublimit exceeds the amount of the Aggregate Revolving Commitments, such Sublimit shall be automatically reduced by the amount of such excess. The Administrative Agent will promptly notify the Revolving Credit Lenders of any such notice of termination or reduction of the Aggregate Revolving Commitments. Except as set forth in clause (iv) above, the amount of any such Aggregate Revolving Commitment reduction shall not be applied to any Sublimit unless otherwise specified by the Company. Any reduction of the Aggregate Revolving Commitments shall be applied to the Commitment of each Lender according to its Applicable Revolving
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Percentage. All fees accrued until the effective date of any termination of the Aggregate Revolving Commitments shall be paid on the effective date of such termination. Not more than two times per fiscal year, a notice to reduce the Aggregate Revolving Commitments hereunder may state that it is conditioned upon the effectiveness of other credit facilities or the incurrence of other Indebtedness, the consummation of a particular Disposition or the occurrence of a Change of Control, in which case such notice may be revoked by the applicable Borrower(s) (by notice to the Administrative Agent on or prior to the specified commitment reduction date) if such condition is not satisfied.
(b) The Aggregate Revolving Commitments shall be automatically and permanently reduced on September 30, 2015 in an aggregate principal amount equal to $39,062,500, which such reduction shall be applied to the Commitment of each Revolving Credit Lender according to its Applicable Revolving Percentage and shall result in the Aggregate Revolving Commitments being less than or equal to $425,000,000 at such time. If, after giving effect to such reduction of the Aggregate Revolving Commitments under this subsection (b), the Alternative Currency Sublimit, the Letter of Credit Sublimit, the HIL Sublimit, the Designated Borrower Sublimit or the Swing Line Sublimit exceeds the amount of the Aggregate Revolving Commitments, such Sublimit shall be automatically reduced by the amount of such excess. If, after giving effect to such reduction of the Aggregate Revolving Commitments under this subsection (b), the Total Revolving Outstandings at such time exceed the Aggregate Revolving Commitments then in effect, then, the Borrowers shall immediately prepay Revolving Credit Loans and/or Swing Line Loans and/or any applicant Borrower shall Cash Collateralize the L/C Obligations in an aggregate amount sufficient to reduce the Total Revolving Outstandings as of such date of payment to an amount not to exceed the Aggregate Revolving Commitments then in effect.
2.07 Repayment of Loans .
(a) Each Borrower shall repay to the Revolving Credit Lenders on the Maturity Date the aggregate principal amount of Revolving Credit Loans made to such Borrower outstanding on such date.
(b) The Company shall repay each Swing Line Loan on the earlier to occur of (i) the date ten Business Days after such Loan is made and (ii) the Maturity Date.
(c) Holdings shall repay to the Term A Lenders on the last day of each March, June, September and December, commencing on December 31, 2012, aggregate principal amounts equal to (i) 2.50% of the original principal amount of the Term A Facility after giving effect to the Borrowing of Term A Loans on the Restatement Effective Date, in the case of the payments payable on December 31, 2012, and on March 31, June 30 and September 30, 2013, (ii) 3.75% of the original principal amount of the Term A Facility after giving effect to the Borrowing of Term A Loans on the Restatement Effective Date, in the case of the payments payable on December 31, 2013, and on March 31, June 30 and September 30, 2014, and (iii) 5.00% of the original principal amount of the Term A Facility after giving effect to the Borrowing of Term A Loans on the Restatement Effective Date, in the case of the payments
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payable on December 31, 2014 and thereafter; provided , that such amounts shall be reduced as a result of the application of prepayments in accordance with the order of priority set forth in Section 2.05(a) ; provided , further , that the final principal repayment installment of the Term A Loans shall be repaid on the Maturity Date and in any event shall be in an amount equal to the aggregate principal amount of all Term A Loans outstanding on such date.
2.08 Interest . Interest shall accrue on the Loans, and each Borrower shall pay interest on its Loans, as follows: (a) Subject to the provisions of subsection (b) below, (i) each Eurocurrency Rate Loan shall bear interest on the outstanding principal amount thereof for each Interest Period at a rate per annum equal to the Eurocurrency Rate for such Interest Period plus the Applicable Rate plus (in the case of a Eurocurrency Rate Loan of any Lender which is lent from a Lending Office in the United Kingdom or a Participating Member State) the Mandatory Cost; (ii) each Peso Rate Loan shall bear interest on the outstanding principal amount thereof for each Interest Period at a rate per annum equal to the Peso Rate for such Interest Period plus the Applicable Rate; (iii) each Base Rate Committed Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate; and (iv) each Swing Line Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate.
(b) (i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws.
(ii) If any amount (other than principal of any Loan) payable by any Borrower under any Loan Document is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws.
(iii) Upon the request of the Required Lenders, while any Event of Default exists, the Borrowers shall pay interest on the principal amount of all outstanding Obligations hereunder at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws.
(iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand.
(c) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Debtor Relief Law.
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2.09 Fees . In addition to certain fees described in subsections (i) and (j) of Section 2.03 .
(a) Commitment Fee . The Borrowers shall pay to the Administrative Agent for the account of each Revolving Credit Lender in accordance with its Applicable Revolving Percentage, a commitment fee in Dollars equal to the Applicable Rate times the actual daily amount by which the Aggregate Revolving Commitments exceed the sum of (i) the Outstanding Amount of Revolving Credit Loans and (ii) the Outstanding Amount of L/C Obligations, subject to adjustment as provided in Section 2.18 . For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be counted towards or considered usage of the Aggregate Revolving Commitments for purposes of determining the commitment fee. The commitment fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Article IV is not met, and shall be due and payable quarterly in arrears on the fifth Business Day after the end of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period. The commitment fee shall be calculated quarterly in arrears, and if there is any change in the Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect.
(b) Other Fees . (i) The Borrowers shall pay to MLPFS and the Administrative Agent for their own respective accounts, in Dollars, fees in the amounts and at the times specified in the Fee Letter. Such fees shall be fully earned when paid and shall not be refundable for any reason whatsoever.
(ii) The Borrowers shall pay to the Lenders, in Dollars, such fees as shall have been separately agreed upon in writing in the amounts and at the times so specified. Such fees shall be fully earned when paid and shall not be refundable for any reason whatsoever.
2.10 Computation of Interest and Fees; Retroactive Adjustments of Applicable Rate . (a) All computations of interest for Base Rate Loans shall be made on the basis of a year of 365 or 366 days, as the case may be, and actual days elapsed. All other computations of fees and interest shall be made on the basis of a 360-day year and actual days elapsed (which results in more fees or interest, as applicable, being paid than if computed on the basis of a 365-day year), or, in the case of interest in respect of Revolving Credit Loans denominated in Alternative Currencies as to which market practice differs from the foregoing, in accordance with such market practice. Interest shall accrue on each Loan for the day on which the Loan is made, and shall not accrue on a Loan, or any portion thereof, for the day on which the Loan or such portion is paid, provided that any Loan that is repaid on the same day on which it is made shall, subject to Section 2.12(a) , bear interest for one day. Each determination by the Administrative Agent of an interest rate or fee hereunder shall be conclusive and binding for all purposes, absent manifest error.
(b) If, as a result of any restatement of or other adjustment to the financial statements of Holdings or for any other reason, Holdings or the Lenders determine that (i) the Consolidated Total Leverage Ratio as calculated by Holdings as of any applicable date was
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inaccurate and (ii) proper calculation of the Consolidated Total Leverage Ratio would have resulted in higher pricing for such period, each Borrower shall immediately and retroactively be obligated to pay to the Administrative Agent for the account of the applicable Lenders or the L/C Issuer, as the case may be, promptly on demand by the Administrative Agent (or, after the occurrence of an actual or deemed entry of an order for relief with respect to any Borrower under the Bankruptcy Code of the United States, automatically and without further action by the Administrative Agent, any Lender or the L/C Issuer), an amount equal to the excess of the amount of interest and fees that should have been paid for such period over the amount of interest and fees actually paid for such period. This paragraph shall not limit the rights of the Administrative Agent, any Lender or the L/C Issuer, as the case may be, under Section 2.03(c)(iii) , 2.03(h) or 2.08(b) or under Article VIII . The Borrowers obligations under this paragraph shall survive for 90 days following the termination of the Aggregate Commitments and the repayment of all other Obligations hereunder.
2.11 Evidence of Debt . (a) The Credit Extensions made by each Lender to each Borrower shall be evidenced by one or more accounts or records maintained by such Lender and by the Administrative Agent in the ordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be conclusive absent manifest error of the amount of the Credit Extensions made by the Lenders to each Borrower and the interest and payments thereon. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of each Borrower hereunder to pay any amount owing with respect to the Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the accounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. Upon the request of any Lender to a Borrower made through the Administrative Agent, such Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note with respect to any Facility, which shall evidence such Lenders Loans to such Borrower under such Facility in addition to such accounts or records. Each Lender may attach schedules to a Note and endorse thereon the date, Type (if applicable), amount, currency and maturity of its Loans and payments with respect thereto.
(b) In addition to the accounts and records referred to in subsection (a), each Revolving Credit Lender and the Administrative Agent shall maintain in accordance with its usual practice accounts or records evidencing the purchases and sales by such Revolving Credit Lender of participations in Letters of Credit and Swing Line Loans. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Revolving Credit Lender in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error.
2.12 Payments Generally; Administrative Agents Clawback . (a) General . All payments to be made by the Borrowers shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein and except with respect to principal of and interest on Revolving Credit Loans denominated in an Alternative Currency, all payments by the Borrowers hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agents Office in Dollars and in Same Day Funds not later than 12:00 p.m. on the date specified herein. Except as otherwise expressly provided herein, all
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payments by the Borrowers hereunder with respect to principal and interest on Revolving Credit Loans denominated in an Alternative Currency shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agents Office in such Alternative Currency and in Same Day Funds not later than the Applicable Time specified by the Administrative Agent on the dates specified herein. Without limiting the generality of the foregoing, the Administrative Agent may require that any payments due under this Agreement be made in the United States. If, for any reason, any Borrower is prohibited by any Law from making any required payment hereunder in an Alternative Currency, such Borrower shall make such payment in Dollars in the Dollar Equivalent of the Alternative Currency payment amount. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lenders Lending Office. All payments received by the Administrative Agent (i) after 11:00 a.m., in the case of payments in Dollars, or (ii) after the Applicable Time specified by the Administrative Agent in the case of payments in an Alternative Currency, shall in each case be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by any Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.
(b) (i) Funding by Lenders; Presumption by Administrative Agent . Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Committed Borrowing of Eurocurrency Rate Loans or Peso Rate Loans (or, in the case of any Committed Borrowing of Base Rate Loans, prior to 9:00 a.m. on the date of such Committed Borrowing) that such Lender will not make available to the Administrative Agent such Lenders share of such Committed Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.02 (or, in the case of a Committed Borrowing of Base Rate Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.02) and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Committed Borrowing available to the Administrative Agent, then the applicable Lender and the applicable Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount in Same Day Funds with interest thereon, for each day from and including the date such amount is made available to such Borrower to but excluding the date of payment to the Administrative Agent, at (A) in the case of a payment to be made by such Lender, the Overnight Rate, plus any administrative, processing or similar fees customarily charged by the Administrative Agent in connection with the foregoing, and (B) in the case of a payment to be made by such Borrower, the interest rate applicable to Base Rate Loans. If such Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to such Borrower the amount of such interest paid by such Borrower for such period. If such Lender pays its share of the applicable Committed Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lenders Committed Loan included in such Committed Borrowing. Any payment by such Borrower shall be without prejudice to any claim such Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.
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(ii) Payments by Borrowers; Presumptions by Administrative Agent . Unless the Administrative Agent shall have received notice from a Borrower prior to the date on which any payment is due to the Administrative Agent for the account of the Lenders or the L/C Issuer hereunder that such Borrower will not make such payment, the Administrative Agent may assume that such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders or the L/C Issuer, as the case may be, the amount due. In such event, if such Borrower has not in fact made such payment, then each of the Lenders or the L/C Issuer, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender or the L/C Issuer, in Same Day Funds with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the Overnight Rate.
A notice of the Administrative Agent to any Lender or Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.
(c) Failure to Satisfy Conditions Precedent . If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender to any Borrower as provided in the foregoing provisions of this Article II , and such funds are not made available to such Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall promptly return such funds (in like funds as received from such Lender) to such Lender, without interest.
(d) Obligations of Lenders Several . The obligations of the Lenders hereunder to make Committed Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Committed Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Committed Loan, to purchase its participation or to make its payment under Section 10.04(c) .
(e) Funding Source . Nothing herein shall be deemed to obligate any Lender to obtain the funds for any Loan in any particular place or manner or to constitute a representation by any Lender that it has obtained or will obtain the funds for any Loan in any particular place or manner.
2.13 Sharing of Payments by Lender s. If any Lender shall, by exercising any right of setoff or counterclaim or otherwise, obtain payment in respect of any principal of or interest on any of the Committed Loans made by it, or the participations in L/C Obligations or in Swing Line Loans held by it, resulting in such Lenders receiving payment of a proportion of the aggregate amount of such Committed Loans or participations and accrued interest thereon greater than its pro rata share thereof as provided herein, then the Lender receiving such greater proportion shall (a) notify the Administrative Agent of such fact, and (b) purchase (for cash at face value) participations in the Committed Loans and subparticipations in L/C Obligations and
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Swing Line Loans of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of and accrued interest on their respective Committed Loans and other amounts owing them, provided that:
(i) if any such participations or subparticipations are purchased and all or any portion of the payment giving rise thereto is recovered, such participations or subparticipations shall be rescinded and the purchase price restored to the extent of such recovery, without interest; and
(ii) the provisions of this Section shall not be construed to apply to (x) any payment made by or on behalf of a Borrower pursuant to and in accordance with the express terms of this Agreement (including the application of funds arising from the existence of a Defaulting Lender), (y) the application of Cash Collateral provided for in Section 2.17 or (z) any payment obtained by a Lender as consideration for the assignment of or sale of a participation in any of its Committed Loans or subparticipations in L/C Obligations or Swing Line Loans to any assignee or participant, other than to the Company or any Subsidiary thereof (as to which the provisions of this Section shall apply).
Each Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against such Borrower rights of setoff and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of such Borrower in the amount of such participation.
2.14 Designated Borrowers . (a) The Company may at any time, upon not less than ten Business Days notice from the Company to the Administrative Agent (or such shorter period as may be agreed by the Administrative Agent in its sole discretion), designate any Material Subsidiary of Holdings (an Applicant Borrower ) as a Designated Borrower to receive Revolving Credit Loans hereunder by delivering to the Administrative Agent (which shall promptly deliver counterparts thereof to each Lender) a duly executed notice and agreement in substantially the form of Exhibit F (a Designated Borrower Request and Assumption Agreement ). The parties hereto acknowledge and agree that prior to any Applicant Borrower becoming entitled to utilize the Revolving Credit Facility the Administrative Agent and the Revolving Credit Lenders shall have received such supporting resolutions, incumbency certificates, opinions of counsel and other documents or information, in form, content and scope reasonably satisfactory to the Administrative Agent, as may be required by the Administrative Agent or the Required Revolving Lenders in their sole discretion, and Notes signed by such new Borrowers to the extent any Revolving Credit Lenders so require. If the Administrative Agent and each Revolving Credit Lender agrees that an Applicant Borrower shall be entitled to receive Loans hereunder, then promptly following receipt of all such requested resolutions, incumbency certificates, opinions of counsel and other documents or information, the Administrative Agent shall send a notice in substantially the form of Exhibit G (a Designated Borrower Notice ) to the Company and the Revolving Credit Lenders specifying the effective date upon which the Applicant Borrower shall constitute a Designated Borrower for purposes hereof, whereupon each of the Revolving Credit Lenders agrees to permit such Designated Borrower to receive
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Revolving Credit Loans hereunder, on the terms and conditions set forth herein, and each of the parties agrees that such Designated Borrower otherwise shall be a Borrower for all purposes of this Agreement; provided that no Committed Loan Notice or Letter of Credit Application may be submitted by or on behalf of such Designated Borrower until the date five Business Days after such effective date.
(b) The Obligations of the Company and each Designated Borrower shall be several but not joint in nature.
(c) Each Subsidiary of Holdings that becomes a Designated Borrower pursuant to this Section 2.14 hereby irrevocably appoints Holdings as its agent for the giving and receipt of notices. Any notice, demand, consent, acknowledgement, direction, certification or other communication delivered to the Company in accordance with the terms of this Agreement shall be deemed to have been delivered to each Designated Borrower.
(d) The Company may from time to time, upon not less than 15 Business Days notice from the Company to the Administrative Agent (or such shorter period as may be agreed by the Administrative Agent in its sole discretion), terminate a Designated Borrowers status as such, provided that there are no outstanding Loans payable by such Designated Borrower, or other amounts payable by such Designated Borrower on account of any Loans made to it, as of the effective date of such termination. The Administrative Agent will promptly notify the Revolving Credit Lenders of any such termination of a Designated Borrowers status.
2.15 Intentionally Omitted .
2.16 Intentionally Omitted .
2.17 Cash Collateral . (a) Certain Credit Support Events .
(i) If (A) the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (B) as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, (C) any Borrower shall be required to provide Cash Collateral pursuant to Section 8.02(c) , or (D) there shall exist a Defaulting Lender, each Borrower shall immediately (in the case of clause (C) above) or within one Business Day (in all other cases) following any request by the Administrative Agent or the L/C Issuer, provide Cash Collateral in respect of its respective Obligations in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (D) above, after giving effect to Section 2.18(a)(iv) and any Cash Collateral provided by the Defaulting Lender).
(ii) In addition, if the Administrative Agent notifies the Company at any time that the Outstanding Amount of all L/C Obligations at such time exceeds 110% of the Letter of Credit Sublimit then in effect, then, within five Business Days after receipt of such notice, one or more Borrowers shall Cash Collateralize its or their L/C Obligations in an amount equal to the amount by which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit. The Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral pursuant to this clause (ii) , request that additional Cash Collateral be provided in order to protect against the results of exchange rate fluctuations.
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(b) Grant of Security Interest . Each Borrower, and to the extent provided by any Defaulting Lender, such Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the L/C Issuer and the Lenders, and agrees to maintain, a first priority security interest in all such cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds of the foregoing, all as security for the obligations to which such Cash Collateral may be applied pursuant to Section 2.17(c) . If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or the L/C Issuer as herein provided, or that the total amount of such Cash Collateral is less than the Minimum Collateral Amount, the Borrowers or the relevant Defaulting Lender will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts at Bank of America. The Borrowers shall pay on demand therefor from time to time all reasonable, documented and customary account opening, activity and other administrative fees and charges in connection with the maintenance and disbursement of Cash Collateral.
(c) Application . Notwithstanding anything to the contrary contained in this Agreement (but subject to Section 2.17(d) below), Cash Collateral provided under any of this Section 2.17 or Sections 2.03 , 2.04 , 2.05 , 2.18 or 8.02 in respect of Letters of Credit or Swing Line Loans shall be held and applied to the satisfaction of the specific L/C Obligations, Swing Line Loans, obligations to fund participations therein (including, as to Cash Collateral provided by a Defaulting Lender, any interest accrued on such obligation) and other obligations for which the Cash Collateral was so provided, prior to any other application of such property as may be provided for herein.
(d) Release . Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi) )) or (ii) the good faith determination by the Administrative Agent and the L/C Issuer that there exists excess Cash Collateral; provided , however , the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.
2.18 Defaulting Lenders . (a) Adjustments . Notwithstanding anything to the contrary contained in this Agreement, if any Lender becomes a Defaulting Lender, then, until such time as that Lender is no longer a Defaulting Lender, to the extent permitted by applicable Law:
(i) Waivers and Amendments . Such Defaulting Lenders right to approve or disapprove any amendment, waiver or consent with respect to this Agreement shall be restricted as set forth in the definition of Required Lenders, Required Revolving Lenders, Required Term A Lenders and Section 10.01 .
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(ii) Defaulting Lender Waterfall . Any payment of principal, interest, fees or other amounts received by the Administrative Agent for the account of such Defaulting Lender (whether voluntary or mandatory, at maturity, pursuant to Article VIII or otherwise) or received by the Administrative Agent from a Defaulting Lender pursuant to Section 10.08 shall be applied at such time or times as may be determined by the Administrative Agent as follows: first , to the payment of any amounts owing by such Defaulting Lender to the Administrative Agent hereunder; second , to the payment on a pro rata basis of any amounts owing by such Defaulting Lender to the L/C Issuer or Swing Line Lender hereunder; third , to Cash Collateralize the L/C Issuers Fronting Exposure with respect to such Defaulting Lender in accordance with Section 2.17 ; fourth , as the Borrowers may request (so long as no Default or Event of Default exists), to the funding of any Loan in respect of which such Defaulting Lender has failed to fund its portion thereof as required by this Agreement, as determined by the Administrative Agent; fifth , if so determined by the Administrative Agent and the Borrower, to be held in a deposit account and released pro rata in order to (x) satisfy such Defaulting Lenders potential future funding obligations with respect to Loans under this Agreement and (y) Cash Collateralize the L/C Issuers future Fronting Exposure with respect to such Defaulting Lender with respect to future Letters of Credit issued under this Agreement, in accordance with Section 2.17 ; sixth , to the payment of any amounts owing to the Lenders, the L/C Issuer or Swing Line Lender as a result of any judgment of a court of competent jurisdiction obtained by any Lender, the L/C Issuer or the Swing Line Lender against such Defaulting Lender as a result of such Defaulting Lenders breach of its obligations under this Agreement; seventh , so long as no Default or Event of Default exists, to the payment of any amounts owing to the Borrowers as a result of any judgment of a court of competent jurisdiction obtained by the Borrowers against such Defaulting Lender as a result of such Defaulting Lenders breach of its obligations under this Agreement; and eighth , to such Defaulting Lender or as otherwise directed by a court of competent jurisdiction; provided that if (x) such payment is a payment of the principal amount of any Loans or L/C Borrowings in respect of which such Defaulting Lender has not fully funded its appropriate share, and (y) such Loans were made or the related Letters of Credit were issued at a time when the conditions set forth in Section 4.02 were satisfied or waived, such payment shall be applied solely to pay the Loans of, and L/C Obligations owed to, all Non-Defaulting Lenders under the applicable Facility on a pro rata basis prior to being applied to the payment of any Loans of, or L/C Obligations owed to, such Defaulting Lender until such time as all Loans and funded and unfunded participations in L/C Obligations and Swing Line Loans are held by the Lenders under such Facility pro rata in accordance with the Commitments under such Facility without giving effect to Section 2.18(a)(iv) . Any payments, prepayments or other amounts paid or payable to a Defaulting Lender that are applied (or held) to pay amounts owed by a Defaulting Lender or to post Cash Collateral pursuant to this Section 2.18(a)(ii) shall be deemed paid to and redirected by such Defaulting Lender, and each Lender irrevocably consents hereto.
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(iii) Certain Fees .
(A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Revolving Credit Lender is a Defaulting Lender (and the Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17 .
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrowers shall (x) pay to each Non-Defaulting Lender under the applicable Facility that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lenders participation in L/C Obligations or Swing Line Loans that has been reallocated to such Non-Defaulting Lender pursuant to clause (iv) below, (y) pay to the L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuers or Swing Line Lenders Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such fee.
(iv) Reallocation of Applicable Percentages to Reduce Fronting Exposure . All or any part of such Defaulting Lenders participation in L/C Obligations and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders under the applicable Facility in accordance with their respective Applicable Percentages (calculated without regard to such Defaulting Lenders Commitments) but only to the extent that (x) the conditions set forth in Section 4.02 are satisfied at the time of such reallocation (and, unless the applicable Borrower shall have otherwise notified the Administrative Agent at such time, the applicable Borrower shall be deemed to have represented and warranted that such conditions are satisfied at such time), and (y) such reallocation does not cause any Non-Defaulting Lenders Applicable Revolving Percentage of the Total Revolving Outstandings to exceed such Non-Defaulting Lenders Revolving Credit Commitment. No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting Lenders increased exposure following such reallocation.
(v) Cash Collateral, Repayment of Swing Line Loans . If the reallocation described in clause (a)(iv) above cannot, or can only partially, be effected, the Borrowers shall, without prejudice to any right or remedy available to it hereunder or under applicable Law, (x) first, prepay Swing Line Loans in an amount equal to the Swing Line Lenders Fronting Exposure and (y) second, Cash Collateralize the L/C Issuers Fronting Exposure in accordance with the procedures set forth in Section 2.17 .
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(b) Defaulting Lender Cure . If the Borrowers, the Administrative Agent, Swing Line Lender and the L/C Issuer agree in writing that a Lender is no longer a Defaulting Lender, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any Cash Collateral), that Lender will, to the extent applicable, purchase at par that portion of outstanding Loans of the other Lenders in the respective Facilities (plus any loss, cost or expense contemplated by Section 3.05 in the case of any such purchase of any Loan other than a Base Rate Loan on a day other than the last day of the Interest Period for such Loan) or take such other actions as the Administrative Agent may determine to be necessary to cause the Committed Loans and funded and unfunded participations in Letters of Credit and Swing Line Loans to be held on a pro rata basis by the Lenders in accordance with their Applicable Percentages (without giving effect to Section 2.18(a)(iv) ) of the respective Facilities, whereupon such Lender will cease to be a Defaulting Lender; provided that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrowers while that Lender was a Defaulting Lender; and provided , further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender to Lender will constitute a waiver or release of any claim of any party hereunder arising from that Lenders having been a Defaulting Lender.
2.19 Designated Lenders . Each of the Administrative Agent, the L/C Issuer and each Lender at its option may make any Credit Extension or otherwise perform its obligations hereunder through any Lending Office (each, a Designated Lender ); provided that any exercise of such option shall not affect the obligation of any Borrower to repay any Credit Extension in accordance with the terms of this Agreement. Any Designated Lender shall be considered a Lender; provided that in the case of an Affiliate or branch of a Lender, such provisions that would be applicable with respect to Credit Extensions actually provided by such Affiliate or branch of such Lender shall apply to such Affiliate or branch of such Lender to the same extent as such Lender; provided further that for the purposes only of voting in connection with any Loan Document, any participation by any Designated Lender in any outstanding Credit Extension shall be deemed a participation of such Lender.
ARTICLE III.
TAXES, YIELD PROTECTION AND ILLEGALITY
3.01 Taxes . (a) Payments Free of Taxes ; Obligation to Withhold; Payments on Account of Taxes. (i) Any and all payments by or on account of any obligation of any Borrower hereunder or under any other Loan Document shall to the extent permitted by applicable Laws be made free and clear of and without reduction or withholding for any Taxes. If, however, applicable Laws require any Borrower or the Administrative Agent to withhold or deduct any Tax, such Tax shall be withheld or deducted in accordance with such Laws as determined by such Borrower or the Administrative Agent, as the case may be, upon the basis of the information and documentation to be delivered pursuant to subsection (e) below.
(ii) If any Borrower or the Administrative Agent shall be required by any applicable Laws, including the Code, to withhold or deduct any Taxes, including United States Federal backup withholding and withholding taxes, from any payment, then (A) such Borrower or the Administrative Agent, as required by such Laws, shall withhold
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or make such deductions as are determined by it to be required based upon the information and documentation it has received pursuant to subsection (e) below, (B) such Borrower or the Administrative Agent, to the extent required by such Laws, shall timely pay the full amount so withheld or deducted by it to the relevant Governmental Authority in accordance with such Laws, and (C) to the extent that the withholding or deduction is made on account of Indemnified Taxes or Other Taxes, the sum payable by such Borrower shall be increased as necessary so that after any such required withholding or the making of all such required deductions (including such deductions applicable to additional sums payable under this Section) the Administrative Agent, Lender or L/C Issuer, as the case may be, receives an amount equal to the sum it would have received had no such withholding or deduction been made.
(b) Payment of Other Taxes by the Borrowers . Without limiting or duplicating the provisions of subsection (a) above, each Borrower shall timely pay any Other Taxes attributable to (i) the Loans made to such Borrower or (ii) payments to the Lenders pursuant to the Loan Documents to the relevant Governmental Authority in accordance with applicable Laws, except regarding Luxembourg registration duties ( droits denregistrement ) for any Luxembourg Tax payable due to a registration, submission or filing by the Administrative Agent or a Lender of the Loan Documents where such registration, submission or filing is or was not made during the continuance of an Event of Default and required to maintain or preserve the rights of the Administrative Agent or the Lenders under the Loan Documents.
(c) Tax Indemnifications . (i) Without limiting or duplicating the provisions of subsection (a) or (b) above, each Borrower shall, and does hereby, indemnify the Administrative Agent, each Lender and the L/C Issuer, and shall make payment in respect thereof within 10 days after demand therefor, for the full amount of any Indemnified Taxes or Other Taxes imposed or asserted on or attributable to any payment by or on account of any obligation of any Loan Party under any Loan Document (including Indemnified Taxes or Other Taxes imposed or asserted on or attributable to amounts payable under this Section) withheld or deducted by such Borrower or the Administrative Agent or paid by the Administrative Agent, such Lender or the L/C Issuer, as the case may be, and any reasonable expenses arising therefrom or with respect thereto, whether or not such Indemnified Taxes or Other Taxes were correctly or legally imposed or asserted by the relevant Governmental Authority. Each Borrower shall also, and does hereby, indemnify the Administrative Agent, and shall make payment in respect thereof within ten days after demand therefor, for any amount which a Lender or the L/C Issuer for any reason fails to pay indefeasibly to the Administrative Agent as required by clause (ii) of this subsection. A certificate as to the amount of any such payment or liability delivered to a Borrower by a Lender or the L/C Issuer (with a copy to the Administrative Agent), or by the Administrative Agent on its own behalf or on behalf of a Lender or the L/C Issuer, shall contain calculations setting forth such payment or liability in reasonable detail and be conclusive absent manifest error. Notwithstanding anything in this Section 3.01(c) to the contrary, no Excluded U.S. Guarantor shall be liable for the indemnification obligations of any Borrower that is a U.S. Person as defined in the Code.
(ii) Without limiting the provisions of subsection (a) or (b) above, each Lender and the L/C Issuer shall, and does hereby indemnify each Borrower and the Administrative Agent, and shall make payment in respect thereof within 10 days after
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demand therefor, against any and all Taxes and any and all related losses, claims, liabilities, penalties, interest and expenses (including the fees, charges and disbursements of any counsel for the Administrative Agent) incurred by or asserted against such Borrower or the Administrative Agent, as applicable, by any Governmental Authority as a result of the failure by such Lender or the L/C Issuer, as the case may be, to deliver, or as a result of the inaccuracy, inadequacy or deficiency of, any documentation required to be delivered by such Lender or the L/C Issuer, as the case may be, to such Borrower or the Administrative Agent, as applicable, pursuant to subsection (e). Each Lender and the L/C Issuer hereby authorizes the Administrative Agent to set off and apply any and all amounts at any time owing to such Lender or the L/C Issuer, as the case may be, under this Agreement or any other Loan Document against any amount due to the Administrative Agent under this clause (ii). The agreements in this clause (ii) shall survive the resignation and/or replacement of the Administrative Agent, any assignment of rights by, or the replacement of, a Lender or the L/C Issuer, the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all other Obligations.
(d) Evidence of Payments . Upon request by a Borrower or the Administrative Agent, as the case may be, after any payment of Taxes by such Borrower or by the Administrative Agent to a Governmental Authority as provided in this Section 3.01 , such Borrower shall deliver to the Administrative Agent or the Administrative Agent shall deliver to such Borrower, as the case may be, the original or a certified copy of a receipt issued by such Governmental Authority evidencing such payment, a copy of any return required by Laws to report such payment or other evidence of such payment reasonably satisfactory to such Borrower or the Administrative Agent, as the case may be.
(e) Status of Lenders; Tax Documentation . (i) Each Lender shall deliver to the Company and to the Administrative Agent, at the time or times prescribed by applicable Laws or when reasonably requested by the Company or the Administrative Agent, such properly completed and executed documentation prescribed by applicable Laws or by the taxing authorities of any jurisdiction and such other reasonably requested information as will permit the Company or the Administrative Agent, as the case may be, to determine (A) whether or not payments made by the respective Borrowers hereunder or under any other Loan Document are subject to Taxes, (B) if applicable, the required rate of withholding or deduction, and (C) such Lenders entitlement to any available exemption from, or reduction of, applicable Taxes in respect of all payments to be made to such Lender by the respective Borrowers pursuant to this Agreement or otherwise to establish such Lenders status for withholding tax purposes in the applicable jurisdictions.
(ii) Without limiting the generality of the foregoing, with respect to any Borrower that is resident for tax purposes in the United States,
(A) any Lender that is a United States person within the meaning of Section 7701(a)(30) of the Code shall deliver to the Company and the Administrative Agent executed originals of Internal Revenue Service Form W-9 or such other documentation or information prescribed by applicable Laws or reasonably requested by the Company on behalf of such Borrower or the
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Administrative Agent as will enable such Borrower or the Administrative Agent, as the case may be, to determine whether or not such Lender is subject to backup withholding or information reporting requirements; and
(B) each Foreign Lender that is entitled under the Code or any applicable treaty to an exemption from or reduction of withholding tax with respect to payments hereunder or under any other Loan Document shall deliver to the Company and the Administrative Agent (in such number of copies as shall be requested by the recipient) on or prior to the date on which such Foreign Lender becomes a Lender under this Agreement (and from time to time thereafter upon the request of the Company on behalf of such Borrower or the Administrative Agent, but only if such Foreign Lender is legally entitled to do so), whichever of the following is applicable:
(I) executed originals of Internal Revenue Service Form W-8BEN (or successor form) claiming eligibility for benefits of an income tax treaty to which the United States is a party and such other documentation as required under the Code,
(II) executed originals of Internal Revenue Service Form W-8ECI (or successor form),
(III) executed originals of Internal Revenue Service Form W-8IMY (or successor form) and all required supporting documentation,
(IV) in the case of a Foreign Lender claiming the benefits of the exemption for portfolio interest under Section 881(c) of the Code, (x) a certificate to the effect that such Foreign Lender is not (A) a bank within the meaning of Section 881(c)(3)(A) of the Code, (B) a 10 percent shareholder of such Borrower within the meaning of Section 881(c)(3)(B) of the Code, or (C) a controlled foreign corporation described in Section 881(c)(3)(C) of the Code and (y) executed originals of Internal Revenue Service Form W-8BEN (or successor form), or
(V) executed originals of any other form prescribed by applicable Laws as a basis for claiming exemption from or a reduction in United States Federal withholding tax together with such supplementary documentation as may be prescribed by applicable Laws to permit such Borrower or the Administrative Agent to determine the withholding or deduction required to be made.
(iii) Each Lender shall promptly (A) notify the Company and the Administrative Agent of any change in circumstances that would modify or render invalid any claimed exemption or reduction, and (B) take such steps as shall not be materially disadvantageous to it, in the reasonable judgment of such Lender, and as may be reasonably necessary (including the re-designation of its Lending Office) to avoid any
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requirement of applicable Laws of any jurisdiction that any Borrower or the Administrative Agent make any withholding or deduction for taxes from amounts payable to such Lender. In furtherance of the foregoing, each Lender agrees that if any form or certification previously delivered by it expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification or promptly notify the Borrowers and the Administrative Agent of its legal inability to do so.
(iv) Each of the Borrowers shall promptly deliver to the Administrative Agent or any Lender, as the Administrative Agent or such Lender shall reasonably request, on or prior to the Closing Date (or such later date on which it first becomes a Borrower), and in a timely fashion thereafter, such documents and forms required by any relevant taxing authorities under the Laws of any jurisdiction, duly executed and completed by such Borrower, as are required to be furnished by such Lender or the Administrative Agent under such Laws in connection with any payment by the Administrative Agent or any Lender of Taxes or Other Taxes, or otherwise in connection with the Loan Documents, with respect to such jurisdiction.
(f) FATCA .
(i) If a payment made to a Lender under any Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrowers and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by a Borrower or the Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by a Borrower or the Administrative Agent as may be necessary for a Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lenders obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this subsection (f), FATCA shall include any amendments made to FATCA after the date of this Agreement.
(ii) For purposes of determining withholding Taxes imposed under FATCA, from and after the Restatement Effective Date, the Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Agreement as not qualifying as a grandfathered obligation within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
(g) Treatment of Certain Refunds . Unless required by applicable Laws, at no time shall the Administrative Agent have any obligation to file for or otherwise pursue on behalf of a Lender or the L/C Issuer, or have any obligation to pay to any Lender or the L/C Issuer, any refund of Taxes withheld or deducted from funds paid for the account of such Lender or the L/C Issuer, as the case may be. If the Administrative Agent, any Lender or the L/C Issuer determines, in its reasonable discretion, that it has received a refund or credit of any Taxes or Other Taxes (whether paid directly to the Lender or the Administrative Agent, as applicable, or applied to
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reduce another tax liability) as to which it has been indemnified by any Borrower or with respect to which any Borrower has paid additional amounts pursuant to this Section, it shall pay to such Borrower an amount equal to such refund or credit (but only to the extent of indemnity payments made, or additional amounts paid, by such Borrower under this Section with respect to the Taxes or Other Taxes giving rise to such refund or credit), net of all out-of-pocket expenses and net of any loss or gain realized in the conversion of such funds from or to another currency incurred by the Administrative Agent, such Lender or the L/C Issuer, as the case may be, and without interest (other than any interest paid by the relevant Governmental Authority with respect to such refund or credit), provided that each Borrower, upon the request of the Administrative Agent, such Lender or the L/C Issuer, agrees to repay the amount paid over to such Borrower (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) to the Administrative Agent, such Lender or the L/C Issuer in the event the Administrative Agent, such Lender or the L/C Issuer is required to repay such refund or credit to such Governmental Authority. This subsection shall not be construed to require the Administrative Agent, any Lender or the L/C Issuer to make available its tax returns (or any other information relating to its taxes that it deems confidential) to any Borrower or any other Person.
3.02 Illegality .
(a) If any Lender determines that any Law has made it unlawful, or that any Governmental Authority has asserted that it is unlawful, for any Lender or its applicable Lending Office to make, maintain or fund Loans whose interest is determined by reference to the Eurocurrency Rate (whether denominated in Dollars or an Alternative Currency) or Peso Rate Loans, or to determine or charge interest rates based upon the Eurocurrency Rate or the Peso Rate, or any Governmental Authority has imposed material restrictions on the authority of such Lender to purchase or sell, or to take deposits of, Dollars or any Alternative Currency in the applicable interbank market, then, on notice thereof by such Lender to the Company through the Administrative Agent, (i) any obligation of such Lender to make or continue Eurocurrency Rate Loans or Peso Rate Loans in the affected currency or currencies or, in the case of Eurocurrency Rate Loans in Dollars, to convert Base Rate Committed Loans to Eurocurrency Rate Loans, shall be suspended, and (ii) if such notice asserts the illegality of such Lender making or maintaining Base Rate Loans the interest rate on which is determined by reference to the Eurocurrency Rate component of the Base Rate, the interest rate on which Base Rate Loans of such Lender shall, if necessary to avoid such illegality, be determined by the Administrative Agent without reference to the Eurocurrency Rate component of the Base Rate, in each case until such Lender notifies the Administrative Agent and the Company that the circumstances giving rise to such determination no longer exist. Upon receipt of such notice, (x) the Borrowers shall, upon demand from such Lender (with a copy to the Administrative Agent), prepay or, if applicable and such Loans are denominated in Dollars, convert all such Eurocurrency Rate Loans or Peso Rate Loans of such Lender to Base Rate Loans (the interest rate on which Base Rate Loans of such Lender shall, if necessary to avoid such illegality, be determined by the Administrative Agent without reference to the Eurocurrency Rate component of the Base Rate), either on the last day of the Interest Period therefor, if such Lender may lawfully continue to maintain such Eurocurrency Rate Loans or Peso Rate Loans to such day, or immediately, if such Lender may not lawfully continue to maintain such Eurocurrency Rate Loans or Peso Rate Loans, and (y) if such notice asserts the illegality of such Lender determining or charging interest rates based upon the Eurocurrency Rate, the Administrative Agent shall during the period of such suspension compute the Base
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Rate applicable to such Lender without reference to the Eurocurrency Rate component thereof until the Administrative Agent is advised in writing by such Lender that it is no longer illegal for such Lender to determine or charge interest rates based upon the Eurocurrency Rate. Upon any such prepayment or conversion, the Borrowers shall also pay accrued interest on the amount so prepaid or converted.
(b) If any Lender or any Designated Lender determines that any Law has made it unlawful, or that any Governmental Authority has asserted that it is unlawful, for any Lender or its applicable Designated Lender to perform its obligations hereunder or to issue, make, maintain, fund or charge interest with respect to any Credit Extension to any Designated Borrower who is organized under the laws of a jurisdiction other than the United States, a State thereof or the District of Columbia then, on notice thereof by such Lender to the Company through the Administrative Agent, and until such notice by such Lender is revoked, any obligation of such Lender to issue, make, maintain, fund or charge interest with respect to any such Credit Extension shall be suspended. Upon receipt of such notice, the Loan Parties shall, take all reasonable actions requested by such Lender to mitigate or avoid such illegality.
3.03 Inability to Determine Rates . If in connection with any request for a Eurocurrency Rate Loan or a conversion to or continuation thereof, (a) (i) the Administrative Agent determines that deposits (whether in Dollars or an Alternative Currency) are not being offered to banks in the applicable offshore interbank market for such currency for the applicable amount and Interest Period of such Eurocurrency Rate Loan, or (ii) adequate and reasonable means do not exist for determining the Eurocurrency Rate for any requested Interest Period with respect to a proposed Eurocurrency Rate Loan (whether denominated in Dollars or an Alternative Currency) or in connection with an existing or proposed Base Rate Loan (in each case with respect to clause (a) above, Impacted Loans ), or (b) the Administrative Agent or the affected Lenders determine that for any reason the Eurocurrency Rate for any requested Interest Period with respect to a proposed Eurocurrency Rate Loan does not adequately and fairly reflect the cost to such Lenders of funding such Eurocurrency Rate Loan, the Administrative Agent will promptly so notify the Company and each Lender. Thereafter, (x) the obligation of the Lenders to make or maintain Eurocurrency Rate Loans in the affected currency or currencies shall be suspended (to the extent of the affected Eurocurrency Rate Loans or Interest Periods), and (y) in the event of a determination described in the preceding sentence with respect to the Eurocurrency Rate component of the Base Rate, the utilization of the Eurocurrency Rate component in determining the Base Rate shall be suspended, in each case until the Administrative Agent (upon the instruction of the affected Lenders) revokes such notice. Upon receipt of such notice, the Company may revoke any pending request for a Borrowing of, conversion to or continuation of Eurocurrency Rate Loans in the affected currency or currencies (to the extent of the affected Eurocurrency Rate Loans or Interest Periods) or, failing that, will be deemed to have converted such request into a request for a Committed Borrowing of Base Rate Loans in the amount specified therein. For purposes of determining the Peso Rate, (i) in the event the TIIE Rate ceases to be quoted, is not known at the time on which the Peso Rate must be determined, or is otherwise not available at such time for any reason, then the Peso Rate shall be calculated using the CETES Rate as a substitute interest rate for the TIIE rate; and (ii) in the event each of the TIIE Rate and the CETES Rate ceases to be quoted, is not known at the time on which the Peso Rate must be determined, or is otherwise not available at such time for any reason, then the Peso Rate shall be calculated using the CCP Rate as a substitute interest rate for the TIIE Rate and the CETES Rate.
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As used in this Section, the following terms shall have the meanings set forth below:
CETES Rate means, for any Interest Period with respect to a Peso Rate Loan, the rate equal to the Federal Treasury Certificates Rate for a twenty-eight day period, as published by Banco de Mexico in the Official Daily of the Federation on the most recent date prior to the Business Day on which such Interest Period is to commence.
CCP Rate means, for any Interest Period with respect to a Peso Rate Loan, the rate equal to the cost for capturing liabilities denominated in Pesos for a thirty-day period, as published by Banco de Mexico (as the representative rate of Mexican Multiple Banking Institutions) in the Official Daily of the Federation on the Business Day on which such Interest Period is to commence.
Notwithstanding the foregoing, if the Administrative Agent has made the determination described in this section, the Administrative Agent, in consultation with the Company and the affected Lenders, may establish an alternative interest rate for the Impacted Loans, in which case, such alternative rate of interest shall apply with respect to the Impacted Loans until (1) the Administrative Agent revokes the notice delivered with respect to the Impacted Loans under clause (a) of the first sentence of this section, (2) the Administrative Agent or the affected Lenders notify the Administrative Agent and the Company that such alternative interest rate does not adequately and fairly reflect the cost to such Lenders of funding the Impacted Loans, or (3) any Lender determines that any Law has made it unlawful, or that any Governmental Authority has asserted that it is unlawful, for such Lender or its applicable Lending Office to make, maintain or fund Loans whose interest is determined by reference to such alternative rate of interest or to determine or charge interest rates based upon such rate or any Governmental Authority has imposed material restrictions on the authority of such Lender to do any of the foregoing and provides the Administrative Agent and the Company written notice thereof.
3.04 Increased Costs; Reserves on Eurocurrency Rate Loans . (a) Increased Costs Generally . If any Change in Law shall:
(i) impose, modify or deem applicable any reserve, special deposit, compulsory loan, insurance charge or similar requirement against assets of, deposits with or for the account of, or credit extended or participated in by, any Lender (except (A) any reserve requirement contemplated by Section 3.04(e) and (B) the requirements of the Bank of England and the Finance Services Authority or the European Central Bank reflected in the Mandatory Cost, other than as set forth below) or the L/C Issuer;
(ii) subject any Lender or the L/C Issuer to any tax of any kind whatsoever with respect to this Agreement, any Letter of Credit, any participation in a Letter of Credit or any Eurocurrency Rate Loan or Peso Rate Loan made by it, or change the basis of taxation of payments to such Lender or the L/C Issuer in respect thereof (except for (i) Indemnified Taxes or Other Taxes covered by Section 3.01 or (ii) any Taxes described in clauses (b) through (e) of the definition of Excluded Taxes or that are Connection Income Taxes);
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(iii) result in the failure of the Mandatory Cost, as calculated hereunder, to represent the cost to any Lender of complying with the requirements of the Bank of England and/or the Financial Services Authority or the European Central Bank in relation to its making, funding or maintaining Eurocurrency Rate Loans or Peso Rate Loans; or
(iv) impose on any Lender or the L/C Issuer or the London interbank market any other condition, cost or expense affecting this Agreement or Eurocurrency Rate Loans or Peso Rate Loans made by such Lender or any Letter of Credit or participation therein;
and the result of any of the foregoing shall be to increase the cost to such Lender of making, converting to, continuing or maintaining any Eurocurrency Rate Loan or Peso Rate Loan (or of maintaining its obligation to make any such Loan), or to increase the cost to such Lender or the L/C Issuer of participating in, issuing or maintaining any Letter of Credit (or of maintaining its obligation to participate in or to issue any Letter of Credit), or to reduce the amount of any sum received or receivable by such Lender or the L/C Issuer hereunder (whether of principal, interest or any other amount) then, upon request of such Lender or the L/C Issuer, the Company will pay (or cause the applicable Borrower to pay) to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer, as the case may be, for such additional costs incurred or reduction suffered.
(b) Capital Requirements . If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office of such Lender or such Lenders or the L/C Issuers holding company, if any, regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lenders or the L/C Issuers capital or on the capital of such Lenders or the L/C Issuers holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit or Swing Line Loans held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level below that which such Lender or the L/C Issuer or such Lenders or the L/C Issuers holding company could have achieved but for such Change in Law (taking into consideration such Lenders or the L/C Issuers policies and the policies of such Lenders or the L/C Issuers holding company with respect to capital adequacy), then from time to time the Company will pay (or cause the applicable Borrower to pay) to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lenders or the L/C Issuers holding company for any such reduction suffered.
(c) Certificates for Reimbursement . A certificate of a Lender or the L/C Issuer setting forth the amount or amounts necessary to compensate such Lender or the L/C Issuer or its holding company, as the case may be, as specified in subsection (a) or (b) of this Section and delivered to the Company shall contain calculations setting forth such payment or liability in reasonable detail and be conclusive absent manifest error. The Company shall pay (or cause the applicable Borrower to pay) such Lender or the L/C Issuer, as the case may be, the amount shown as due on any such certificate within 10 days after receipt thereof.
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(d) Delay in Requests . Failure or delay on the part of any Lender or the L/C Issuer to demand compensation pursuant to the foregoing provisions of this Section 3.04 shall not constitute a waiver of such Lenders or the L/C Issuers right to demand such compensation, provided that no Borrower shall be required to compensate a Lender or the L/C Issuer pursuant to the foregoing provisions of this Section for any increased costs incurred or reductions suffered more than nine months prior to the date that such Lender or the L/C Issuer, as the case may be, notifies the Company of the Change in Law giving rise to such increased costs or reductions and of such Lenders or the L/C Issuers intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the nine-month period referred to above shall be extended to include the period of retroactive effect thereof).
(e) Additional Reserve Requirements . The Company shall pay (or cause the applicable Borrower to pay) to each Lender, (i) as long as such Lender shall be required to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency or Peso funds or deposits (currently known as Eurocurrency liabilities or Peso liabilities), additional interest on the unpaid principal amount of each Eurocurrency Rate Loan or Peso Rate Loan (as applicable) equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive), and (ii) as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of any other central banking or financial regulatory authority imposed in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans or Peso Rate Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive), which in each case shall be due and payable on each date on which interest is payable on such Loan, provided the Company shall have received at least 10 days prior notice (with a copy to the Administrative Agent) of such additional interest or costs from such Lender. If a Lender fails to give notice 10 days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable 10 days from receipt of such notice.
3.05 Compensation for Losses . Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Company shall promptly compensate (or cause the applicable Borrower to compensate) such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of:
(a) any continuation, conversion, payment or prepayment of any Loan other than a Base Rate Loan on a day other than the last day of the Interest Period for such Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise);
(b) any failure by any Borrower (for a reason other than the failure of such Lender to make a Loan) to prepay, borrow, continue or convert any Loan other than a Base Rate Loan on the date or in the amount notified by the Company or the applicable Borrower;
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(c) any failure by any Borrower to make payment of any Loan or drawing under any Letter of Credit (or interest due thereon) denominated in an Alternative Currency on its scheduled due date or any payment thereof in a different currency; or
(d) any assignment of a Eurocurrency Rate Loan or Peso Rate Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Company pursuant to Section 10.13 ;
but excluding any loss of anticipated profits and including any foreign exchange losses and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan, from fees payable to terminate the deposits from which such funds were obtained or from the performance of any foreign exchange contract. The Company shall also pay (or cause the applicable Borrower to pay) any customary administrative fees charged by such Lender in connection with the foregoing.
For purposes of calculating amounts payable by the Company (or the applicable Borrower) to the Lenders under this Section 3.05 , each Lender shall be deemed to have funded each Eurocurrency Rate Loan made by it at the Eurocurrency Rate for such Loan and each Peso Rate Loan made by it at the Peso Rate for such Loan by a matching deposit or other borrowing in the offshore interbank market for such currency for a comparable amount and for a comparable period, whether or not such Loan was in fact so funded.
3.06 Mitigation Obligations; Replacement of Lenders . (a) Designation of a Different Lending Office . If any Lender requests compensation under Section 3.04 , or any Borrower is required to pay any additional amount to any Lender, the L/C Issuer, or any Governmental Authority for the account of any Lender or the L/C Issuer pursuant to Section 3.01 , or if any Lender gives a notice pursuant to Section 3.02 , then at the request of the Company such Lender or the L/C Issuer shall, as applicable, use reasonable efforts to designate a different Lending Office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the judgment of such Lender or the L/C Issuer, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 3.01 or 3.04 , as the case may be, in the future, or eliminate the need for the notice pursuant to Section 3.02 , as applicable, and (ii) in each case, would not subject such Lender or the L/C Issuer, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or the L/C Issuer, as the case may be. The Company hereby agrees to pay (or to cause the applicable Borrower to pay) all reasonable costs and expenses incurred by any Lender or the L/C Issuer in connection with any such designation or assignment.
(b) Replacement of Lenders . If any Lender requests compensation under Section 3.04 , or if any Borrower is required to pay any additional amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01 , the Company may replace such Lender in accordance with Section 10.13 .
3.07 Survival . All of the Borrowers obligations under this Article III shall survive termination of the Aggregate Commitments, repayment of all other Obligations hereunder, and resignation of the Administrative Agent.
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ARTICLE IV.
CONDITIONS PRECEDENT TO CREDIT EXTENSIONS
4.01 Conditions to the Restatement Effective Date . The occurrence of the Restatement Effective Date is subject to satisfaction of the conditions precedent set forth in the Third Amendment.
4.02 Conditions to all Credit Extensions . The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type, or a continuation of Eurocurrency Rate Loans or Peso Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of (i) the Borrowers contained in Article V and (ii) each Loan Party contained in each other Loan Document or in any document furnished at any time under or in connection herewith or therewith, shall be true and correct in all material respects (except that any representation or warranty that is qualified by materiality or Material Adverse Effect shall be true and correct in all respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except that any representation or warranty that is qualified by materiality or Material Adverse Effect shall be true and correct in all respects) as of such earlier date, and except that for purposes of this Section 4.02 , the representations and warranties contained in clauses (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b) of Section 6.01 , respectively.
(b) No Default shall exist, or would result from such proposed Credit Extension or the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof.
(d) If the applicable Borrower is a Designated Borrower, then the conditions of Section 2.14 to the designation of such Borrower as a Designated Borrower shall have been met to the satisfaction of the Administrative Agent.
(e) In the case of a Credit Extension to be denominated in an Alternative Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent, the Required Lenders (in the case of any Loans to be denominated in an Alternative Currency) or the L/C Issuer (in the case of any Letter of Credit to be denominated in an Alternative Currency) would make it impracticable for such Credit Extension to be denominated in the relevant Alternative Currency.
Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurocurrency Rate Loans or Peso Rate Loans) submitted by the Company shall be deemed to be a representation and warranty that the conditions specified in Sections 4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
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ARTICLE V.
REPRESENTATIONS AND WARRANTIES
Except as otherwise provided in Sections 5.12 and 5.18 , each Borrower represents and warrants to the Administrative Agent and the Lenders that:
5.01 Existence, Qualification and Power . Each Loan Party (a) is duly organized, incorporated or formed (and, in the case of Holdings, (i) is duly incorporated with limited liability as an exempted company, or (ii) if Holdings has reorganized or reincorporated in another jurisdiction in compliance with Section 6.05 , is duly organized, incorporated or formed), (b) is validly existing and, as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization (to the extent such concepts are relevant under the laws of the relevant jurisdiction) (and, in the case of Holdings, (i) is validly existing and in good standing under the laws of the Cayman Islands or (ii) if Holdings has reorganized or reincorporated in in another jurisdiction in compliance with Section 6.05 , is validly existing and, as applicable, in good standing under the Laws of the jurisdiction of its incorporation or organization (to the extent such concepts are relevant under the laws of the relevant jurisdiction)), (c) has all requisite power and authority and all requisite governmental licenses, authorizations, consents and approvals to (i) own or lease its assets and carry on its business and (ii) execute, deliver and perform its obligations under the Loan Documents to which it is a party, and (d) is duly qualified and is licensed and, as applicable, in good standing under the Laws of each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification or license; except in each case referred to in clause (c)(i) or (d), to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.
5.02 Authorization; No Contravention . The execution, delivery and performance by each Loan Party of each Loan Document to which such Person is party, have been duly authorized by all necessary corporate or other organizational action, and do not and will not (a) contravene the terms of any of such Persons Organization Documents; (b) conflict with or result in any breach or contravention of or require any payment to be made under (i) any Contractual Obligation to which such Person is a party or affecting such Person or the properties of such Person or any of its Subsidiaries except for conflicts, breaches and payments that could not reasonably be expected to result in a Material Adverse Effect or (ii) any order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Person or its property is subject except for conflicts, breaches and payments that could not reasonably be expected to result in a Material Adverse Effect; (c) violate any Law except for violations that could not reasonably be expected to result in a Material Adverse Effect; or (d) result in the creation or imposition of any Lien, except Liens created under the Loan Documents.
5.03 Governmental Authorization; Other Consents . No approval, consent, exemption, authorization, or other action by, or notice to, or filing with, any Governmental Authority or any other Person is necessary or required in connection with (a) the execution, delivery or performance by, or enforcement against, any Loan Party of this Agreement or any other Loan Document, (b) the grant by any Loan Party of the Liens granted by it pursuant to the
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Collateral Documents, (c) the perfection or maintenance of the Liens created under the Collateral Documents (including the first priority nature thereof) or (d) the exercise by the Administrative Agent or any Lender of its rights under the Loan Documents or the remedies in respect of the Collateral pursuant to the Collateral Documents, except for (i) the authorizations, approvals, actions, notices and filings listed on Schedule 5.03 , all of which have been duly obtained, taken, given or made and are in full force and effect, (ii) filings and registrations necessary to perfect (or, in the case of equity interests of Foreign Subsidiaries, create or enforce) Liens created under the Loan Documents, (iii) notices, filings and the payment of appropriate stamp or other duties in connection with the enforcement of this Agreement and other Loan Documents against any Foreign Obligor in their jurisdiction of organization and (iv) consents, approvals, registrations, filings or actions the failure of which to obtain or perform could not reasonably be expected to result in a Material Adverse Effect.
5.04 Binding Effect . This Agreement has been, and each other Loan Document, when delivered hereunder, will have been, duly executed and delivered by each Loan Party that is party thereto. This Agreement constitutes, and each other Loan Document when so delivered will constitute, a legal, valid and binding obligation of such Loan Party, enforceable against each Loan Party that is party thereto in accordance with its terms, subject to (a) applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law and (b) the Foreign Obligor Enforceability Exceptions.
5.05 Financial Statements; No Material Adverse Effect . (a) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (ii) fairly present the financial condition of Holdings and its Subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein.
(b) The unaudited consolidated balance sheet of Holdings and its Subsidiaries dated March 31, 2012, and the related consolidated statements of income or operations and cash flows for the fiscal quarter ended on that date (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and (ii) fairly present the financial condition of Holdings and its Subsidiaries as of the date thereof and their results of operations for the period covered thereby, subject, in the case of clauses (i) and (ii) , to the absence of footnotes and to normal year-end audit adjustments.
(c) Since the date of the Audited Financial Statements, there has been no event or circumstance, either individually or in the aggregate, that has had or could reasonably be expected to have a Material Adverse Effect.
5.06 Litigation . There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties, threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) except as disclosed in Schedule 5.06 to the Existing Credit Agreement as delivered on the First Amendment Effective Date, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
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5.07 No Default . No Default has occurred and is continuing or would result from the consummation of the transactions contemplated by this Agreement or any other Loan Document.
5.08 Ownership of Property; Liens . Each Borrower and each of its respective Subsidiaries has good record and marketable title in fee simple to, or valid leasehold interests in, the Mortgaged Properties and all real and personal property necessary or used in the ordinary conduct of its business and purported to be owned or leased by such Borrower or Subsidiary, except for such defects in title as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. The property of the Borrowers and their Subsidiaries is subject to no Liens, other than Liens permitted by Section 7.01 ; provided , however , that the Mortgaged Properties are subject to no Liens other than Permitted Encumbrances.
5.09 Environmental Compliance . The Borrowers and their Subsidiaries conduct in the ordinary course of business a review of the effect of existing Environmental Laws and claims alleging potential liability or responsibility for violation of any Environmental Law on their respective businesses, operations and properties, and as a result thereof the Borrowers reasonably concluded that such Environmental Laws and claims could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
5.10 Insurance . The properties of the Borrowers and their Subsidiaries are insured with financially sound and reputable insurance companies not Affiliates of the Borrowers, in such amounts (after giving effect to any self-insurance), with such deductibles and covering such risks as are customarily carried by companies engaged in similar businesses and owning similar properties in localities where such Borrower or the applicable Subsidiary operates.
5.11 Taxes . The Loan Parties and their Subsidiaries have filed all federal, state, county and other material tax returns and reports required to be filed, and have paid all taxes shown thereon as being due and payable, except (i) those which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided to the extent required by GAAP or (ii) to the extent that non-payment thereof could not reasonably be expected to result in a Material Adverse Effect. Except as otherwise disclosed on Schedule 5.11 to the Existing Credit Agreement as delivered on the First Amendment Effective Date, there is no tax assessment proposed in writing against any Loan Party or any of its Subsidiaries that would, if made, have a Material Adverse Effect. Neither any Borrower nor any Subsidiary thereof is party to any tax sharing agreement, except for any tax sharing agreement solely among a Borrower and any Subsidiary thereof (or among such Subsidiaries).
5.12 ERISA Compliance . (a) Each Plan is in compliance with the applicable provisions of ERISA, the Code and other Federal or state Laws except for such noncompliance which could not reasonably be expected to have a Material Adverse Effect. Each Plan that is intended to qualify under Section 401(a) of the Code has received a favorable determination letter from the IRS or an application for such a letter is currently being processed by the IRS with respect thereto and, to the best knowledge of the Company, nothing has occurred which would prevent, or cause the loss of, such qualification, except, in each case, for such determination of
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disqualification or loss of qualification which could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. The Company and each ERISA Affiliate have made all required contributions to each Plan subject to Section 412 of the Code, and no application for a funding waiver or an extension of any amortization period pursuant to Section 412 of the Code has been made with respect to any Plan, except, in each case, for such failure to contribute or application for waiver as could not reasonably expected to have a Material Adverse Effect.
(b) There are no pending or, to the best knowledge of the Company, threatened claims, actions or lawsuits, or action by any Governmental Authority, with respect to any Plan that could reasonably be expected to have a Material Adverse Effect. There has been no prohibited transaction or violation of the fiduciary responsibility rules with respect to any Plan that has resulted or could reasonably be expected to result in a Material Adverse Effect.
(c) (i) No ERISA Event has occurred or is reasonably expected to occur that could reasonably be expected to result in a Material Adverse Effect; (ii) no Pension Plan has any Unfunded Pension Liability that could reasonably be expected to result in a Material Adverse Effect; (iii) neither the Company nor any ERISA Affiliate has incurred, or reasonably expects to incur, any liability under Title IV of ERISA with respect to any Pension Plan (other than premiums due and not delinquent under Section 4007 of ERISA) that could reasonably be expected to result in a Material Adverse Effect; (iv) neither the Company nor any ERISA Affiliate has incurred, or reasonably expects to incur, any liability (and no event has occurred which, with the giving of notice under Section 4219 of ERISA, would result in such liability) under Section 4201 or 4243 of ERISA with respect to a Multiemployer Plan that could reasonably be expected to result in a Material Adverse Effect; and (v) neither the Company nor any ERISA Affiliate has engaged in a transaction that could be subject to Section 4069 or 4212(c) of ERISA that could reasonably be expected to result in a Material Adverse Effect.
5.13 Subsidiaries; Equity Interests . The Borrowers have no Subsidiaries on the Restatement Effective Date, other than those specifically disclosed in Part (a) of Schedule 5.13 , and all of the outstanding Equity Interests in such Subsidiaries have been validly issued, are fully paid and nonassessable and are owned, as of the Restatement Effective Date, by a Loan Party in the amounts specified on Part (a) of Schedule 5.13 free and clear of all Liens except Permitted Liens. As of the Restatement Effective Date, the Borrowers have no equity investments in any other corporation or entity other than (1) those specifically disclosed in Part (b) of Schedule 5.13 , and (2) equity investments having an aggregate value at any time of no more than $10,000,000.
5.14 Margin Regulations; Investment Company Act . (a) No Borrower is engaged or will engage, principally or as one of its important activities, in the business of purchasing or carrying margin stock (within the meaning of Regulation U issued by the FRB), or extending credit for the purpose of purchasing or carrying margin stock. Following the application of the proceeds of each Borrowing or drawing under each Letter of Credit, not more than twenty-five percent (25%) of the value of the assets (either of any Borrower only or of each Borrower and its Subsidiaries on a consolidated basis) subject to the provisions of Section 7.01 or Section 7.05 or subject to any restriction contained in any agreement or instrument between any Borrower and any Lender or any Affiliate of any Lender relating to Indebtedness and within the scope of Section 8.01(e) will be margin stock.
(b) No Borrower, no Person Controlling any Borrower and no Subsidiary of any Borrower is or is required to be registered as an investment company under the Investment Company Act of 1940.
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5.15 Disclosure . Each Borrower has disclosed to the Administrative Agent and the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. No report, financial statement, certificate or other written information (other than projected financial information, and other forward looking information and information of a general economic or industry specific nature), when taken as a whole with all other information, when furnished by or on behalf of any Loan Party to the Administrative Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder or under any other Loan Document (in each case, as modified or supplemented by other information so furnished) contained any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that , with respect to projected financial information, Holdings represents only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time; and provided, further that, with respect to any financial statements not constituting projected financial information, Holdings only represents that such financial statements present fairly in all material respects the consolidated financial condition of the applicable Persons as of the dates indicated.
5.16 Compliance with Laws . Each Loan Party and each Subsidiary thereof is in compliance with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its properties, except in such instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted or (b) the failure to comply therewith, either individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.
5.17 Taxpayer Identification Number; Other Identifying Information . The true and correct U.S. taxpayer identification number of the Company and each other Domestic Subsidiary party to a Loan Document as of the Restatement Effective Date, is set forth on Schedule 10.02 . The true and correct unique identification number of each of Holdings, HIL and each other Foreign Obligor that has been issued by its jurisdiction of organization and the name of such jurisdiction, as of the Restatement Effective Date, are set forth on Schedule 5.17 .
5.18 Representations as to Foreign Obligors . Each of Holdings and HIL represents and warrants to the Administrative Agent and the Lenders that:
(a) It is, and each other Person that is a Foreign Obligor is, to the extent the concept is applicable in the relevant jurisdiction, subject to civil and commercial Laws with respect to its obligations under this Agreement and the other Loan Documents to which it is a party (collectively as to each such party, the Applicable Foreign Obligor Documents ), and the execution, delivery and performance by it and by each other Person that is a Foreign Obligor of the Applicable Foreign Obligor Documents constitute and will constitute, to the extent the concept is applicable in the relevant jurisdiction, private and commercial acts and not public or
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governmental acts. None of Holdings or HIL or any other Person that is a Foreign Obligor nor any of their respective property has any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) under the laws of the jurisdiction in which such party is organized and existing in respect of its obligations under the Applicable Foreign Obligor Documents.
(b) The Applicable Foreign Obligor Documents are in proper legal form under the Laws of the jurisdiction in which Holdings, HIL and each other Person that is a Foreign Obligor are each incorporated or organized and existing for the enforcement thereof against such party under the Laws of such jurisdiction, and to ensure the legality, validity, enforceability, or admissibility in evidence of the Applicable Foreign Obligor Documents, subject to the exceptions on the enforceability thereof described in Section 5.04 (including, without limitation, the Foreign Obligor Enforceability Exceptions) and any requirement under local law that the applicable Foreign Obligation Document, prior to admission into any relevant foreign court, be translated into any language required by such court. It is not necessary to ensure the legality, validity, enforceability, or admissibility in evidence of the Applicable Foreign Obligor Documents that the Applicable Foreign Obligor Documents be filed, registered or recorded with, or executed or notarized before, any court or other authority in the jurisdiction in which such Foreign Obligor is organized and existing or that any registration charge or stamp or similar tax be paid on or in respect of the Applicable Foreign Obligor Documents or any other document, except for (i) any such filing, registration, recording, execution or notarization as has been made or is not required to be made until the Applicable Foreign Obligor Document or any other document is sought to be enforced, (ii) any charge or tax as has been timely paid, (iii) any stamp duty imposed by the Cayman Islands or other jurisdiction in the event that the Loan Documents are executed in, or thereafter brought to, the Cayman Islands or such other jurisdiction for enforcement or otherwise and (iv) in case of presentation of any Loan Documents, either directly or by way of reference to a Luxembourg court or autorité constituée , where such court or autorité constituée may require registration of all or part of the Loan Documents with the Administration de lEnregistrement et des Domaines in Luxembourg, registration duties at a fixed rate of EUR 12 or at an ad valorem rate depending on the nature of the Loan Documents may become due and payable.
(c) There is no tax, levy, impost, duty, fee, assessment or other governmental charge, or any deduction or withholding, imposed by any Governmental Authority in or of the jurisdiction in which Holdings, HIL or any other Person that is a Foreign Obligor is organized and existing either (i) on or by virtue of the execution or delivery of the Applicable Foreign Obligor Documents (other than any stamp duty, as referenced in Section 5.18(b)(iii) above) or (ii) any payment to be made by such party pursuant to the Applicable Foreign Obligor Documents, except as has been disclosed to the Administrative Agent.
(d) The execution, delivery and performance of the Applicable Foreign Obligor Documents executed by Holdings, HIL and each other Person that is a Foreign Obligor are, under applicable foreign exchange control regulations of the jurisdiction in which such Foreign Obligor is organized and existing, not subject to any notification or authorization except (i) such as have been made or obtained or (ii) such as cannot be made or obtained until a later date ( provided that any notification or authorization described in clause (ii) shall be made or obtained as soon as is reasonably practicable).
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5.19 Collateral Documents .
(a) The provisions of the Collateral Documents are effective to create in favor of the Administrative Agent for the benefit of the Secured Parties a legal, valid and enforceable Lien (subject to Liens permitted by Section 7.01 ) on all right, title and interest of the respective Loan Parties that are party to the Collateral Documents in the Collateral described therein.
(b) Upon the filing of Financing Statements, the Mortgages and the U.S. IP Security Agreements, the delivery of the certificates representing the Pledged Equity Interests, and the completion of such other actions which are required to be taken by the applicable Collateral Documents to perfect the Liens in the pledged Equity Interests and IP Rights of the Foreign Obligors, the Liens created by the Collateral Documents will be perfected, to the extent such Liens can be perfected by such filings, the delivery of such certificates and the completion of such other actions.
(c) The Mortgages are effective (upon the filing or recordation thereof in accordance with applicable Law and so long as all relevant mortgage taxes and recording charges are duly paid) to create in favor of the Administrative Agent (for the benefit of the Secured Parties) a legal, valid and enforceable and perfected first priority Lien (subject to Permitted Encumbrances) on all of the applicable Loan Parties right, title and interest in and to the Mortgaged Property (as such term is defined in the applicable Mortgage) thereunder and the proceeds thereof.
5.20 Solvency . The Borrowers and their Subsidiaries, together on a consolidated basis, are Solvent.
5.21 USA PATRIOT Act . Each Loan Party is in compliance, in all material respects, with the Act.
5.22 OFAC; Anti-Corruption Laws . The Borrowers have implemented and maintain in effect policies and procedures designed to ensure compliance by the Borrowers, their Subsidiaries and their respective Related Parties with Anti-Corruption Laws and applicable Sanctions, and the Borrowers, their Subsidiaries and, to the knowledge of the Borrowers, their respective Related Parties are in compliance with Anti-Corruption Laws in all material respects and applicable Sanctions in all material respects and are not knowingly engaged in any activity that would reasonably be expected to result in any Borrower being designated as a Sanctioned Person. None of (a) any Borrower or Subsidiary or (b) to the knowledge of any Borrower, any Related Party of such Borrower or any of its Subsidiaries, (i) is a Sanctioned Person, or (ii) is or has been (within the previous five (5) years) engaged in any transaction with any Person who is now or was then a Sanctioned Person or who is located, organized or residing in any Designated Jurisdiction. No Loan or Letter of Credit, nor the proceeds from any Loan or Letter of Credit, has been used, directly or indirectly, to lend, contribute, provide or has otherwise made available to fund (a) any activity or business in any Designated Jurisdiction or to fund any activity or business of any Sanctioned Person, or in any other manner that will result in any violation by any
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Person (including any Lender, any Arranger, the Administrative Agent, the L/C Issuer or the Swing Line Lender) of Sanctions, or (b) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity in violation of Anti-Corruption Laws in any material respect.
5.23 Intellectual Property; Licenses, Etc . Each Loan Party and its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, IP Rights ) the absence of which, either individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect, without conflicting with the rights of any other Person in any manner which, either individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect, and, as of the Restatement Effective Date, Schedule 5.23 sets forth a complete and accurate list of all registered and other material IP Rights owned or used by each Loan Party. To the knowledge of the Loan Parties, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party or any Subsidiary infringes upon any rights held by any other Person, except which, either individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect. No claim or litigation regarding any of the foregoing is pending or, to the knowledge of the Loan Parties, threatened in writing, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
5.24 Labor Matters . There are, as of the Restatement Effective Date, no collective bargaining agreements or Multiemployer Plans covering the employees of any Loan Party or any of its Subsidiaries as of the Restatement Effective Date, and neither any Loan Party nor any such Subsidiary has suffered any strikes, walkouts or work stoppages within the last five years which, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.
5.25 Real Estate .
(a) Schedule 5.25 contains, as of the Restatement Effective Date, a true and complete list of all Material Real Property of any Loan Party.
(b) No Mortgage encumbers improved Mortgaged Property that is located in a Special Flood Hazard Zone unless flood insurance has been issued, or such other evidence of flood insurance has been obtained as required by Section 6.07 .
(c) Each Mortgaged Property is zoned in all material respects to permit the uses for which such Mortgaged Property is currently being used. The present uses of each Mortgaged Property and the current operations of conducted thereon do not violate in any material respect any provision of any applicable building codes, subdivision regulations, fire regulations, health regulations or building and zoning by-laws, except to the extent that such violations could not reasonably be expected to result in a Material Adverse Effect.
(d) Each parcel of Mortgaged Property is taxed as a separate tax lot.
5.26 Luxembourg Specific Representations . (a) The head office ( administration centrale ), the place of effective management ( siège de direction effective ) and (for the purposes
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of the Council Regulation (EC) N° 1346/2000 of May 29, 2000 on insolvency proceedings) the center of main interests ( centre des intérêts principaux ) of each Luxembourg Loan Party is in Luxembourg and is located at the place of its registered office ( siège statutaire ); (b) each Luxembourg Loan Party complies with all requirements of the Luxembourg law of 31 May 1999 on the domiciliation of companies, as amended, and all related circulars issued by the Commission de Surveillance du Secteur Financier; (c) none of the Luxembourg Loan Parties has filed and, to the best of their knowledge, no person has filed a request with any competent court seeking that the relevant Luxembourg Loan Party be declared subject to bankruptcy ( faillite ), general settlement or composition with creditors ( concordat préventif de faillite ) controlled management ( gestion contrôlee ), reprieve from payment ( sursis de paiement ), judicial or voluntary liquidation ( liquidation judiciaire ou volontaire ), such other proceedings listed at Article 13, items 2 to 11, 13 and Article 14 of the Luxembourg Act dated December 19, 2002 on the Register of Commerce and Companies, on Accounting and on Annual Accounts of the Companies (as amended from time to time), (and which include foreign court decision as to faillite, concordat or analogous procedures according to Council Regulation (EC) n°1346/2000 of May 29, 2000 on insolvency proceedings); (d) each Luxembourg Loan Party is not, and will not, as a result of its entry into the Loan Documents or the performance of its obligations thereunder, be in a state of cessation of payments ( cessation de paiements ), or be deemed to be in such state, and has not lost, and will not, as a result of its entry into the Loan Documents or the performance of its obligations thereunder, lose its creditworthiness ( ébranlement de crédit ), or be deemed to have lost such creditworthiness and is not aware, or may be not reasonably be aware, of such circumstances; and (e) each Luxembourg Loan Party is in compliance with any reporting requirements applicable to it pursuant to the to the Central Bank of Luxembourg regulation 2011/8 or Regulation (EU) N°648/2012 of the European Parliament and of the Council dated 4 July 2012 on OTC derivatives, central counterparties and trade repositories.
ARTICLE VI.
AFFIRMATIVE COVENANTS
So long as any Lender shall have any Commitment hereunder, any Loan or other Obligation hereunder (other than contingent indemnity obligations) shall remain unpaid or unsatisfied, or any Letter of Credit shall remain outstanding, the Borrowers shall, and shall (except in the case of the covenants set forth in Sections 6.01 , 6.02 , and 6.03 ) cause each Subsidiary to:
6.01 Financial Statements . Deliver to the Administrative Agent and each Lender, in form and detail satisfactory to the Administrative Agent and the Required Lenders:
(a) Annual . As soon as available, but in any event within 90 days after the end of each fiscal year of Holdings, (i) the consolidated balance sheet of Holdings as of the end of such fiscal year and related consolidated statements of income, cash flows and shareholders equity for such fiscal year, and notes thereto, all prepared in a manner acceptable to the SEC and accompanied by an opinion of PricewaterhouseCoopers LLP or other independent public accountants of recognized national standing (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, cash flows and changes in shareholders equity of Holdings and its consolidated Subsidiaries as of the
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end of and for such fiscal year in accordance with GAAP; and (ii) a managements discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year; and
(b) Quarterly . As soon as available, but in any event within 60 days after the end of each of the first three fiscal quarters of each fiscal year of Holdings, (i) the consolidated balance sheet of Holdings as of the end of such fiscal quarter and related consolidated statements of income and cash flows for such fiscal quarter and for the then elapsed portion of the fiscal year, in comparative form with the consolidated statements of income and cash flows for the comparable periods in the previous fiscal year, and notes thereto, all prepared in a manner acceptable to the SEC and accompanied by a certificate of a Responsible Officer stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations and cash flows of Holdings and its consolidated Subsidiaries as of the date and for the periods specified in accordance with GAAP, subject to normal year-end audit adjustments and the absence of footnotes; and (ii) a managements discussion and analysis of the financial condition and results of operations for such fiscal quarter and the then elapsed portion of the fiscal year, as compared to the comparable periods in the previous fiscal year.
6.02 Certificates; Other Information . Deliver to the Administrative Agent, in form and detail reasonably satisfactory to the Administrative Agent:
(a) concurrently with the delivery of the financial statements referred to in Sections 6.01(a) and (b) , a duly completed Compliance Certificate signed by the chief executive officer, chief financial officer, treasurer or controller of Holdings;
(b) promptly after any request by the Administrative Agent, copies of any management letters submitted to the board of directors (or the audit committee of the board of directors) of any Borrower by independent accountants in connection with the accounts or books of such Borrower or any Subsidiary thereof, or any audit of any of them;
(c) at least once in any calendar year, and in any event within 60 days of the date the below referenced budget or strategic plan, as the case may be, is approved by the board of directors of Holdings, (i) an annual budget of Holdings and its Subsidiaries in form reasonably satisfactory to the Administrative Agent prepared by Holdings for each fiscal month of the fiscal year covered by such budget prepared in detail and (ii) a strategic plan prepared in summary form; and, in the case of the annual budget, such budget shall be prepared in detail with appropriate presentation and discussion of the principal assumptions upon which such budget is based, accompanied by the statement of a Responsible Officer of Holdings to the effect that the budget is a reasonable estimate for the period covered thereby (it being understood that actual results may vary significantly from any such projected or forecasted results);
(d) promptly after the furnishing thereof, copies of any statement or report furnished to any holder of public debt securities of any Loan Party or any Subsidiary thereof pursuant to the terms of any indenture or similar document governing such public debt securities and not otherwise required to be furnished to the Lenders pursuant to Section 6.01 or any other clause of this Section 6.02 ;
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(e) promptly, and in any event within five Business Days after receipt thereof by any Loan Party or any Subsidiary thereof, copies of each notice or other correspondence received from the SEC (or comparable agency in any applicable non-U.S. jurisdiction) concerning any investigation or possible investigation or other inquiry by such agency regarding financial or other operational results of any Loan Party or any Subsidiary thereof;
(f) promptly after the assertion or occurrence thereof, notice of any action or proceeding against or of any noncompliance by any Loan Party or any of its Subsidiaries with any Environmental Law or Environmental Permit that could (i) reasonably be expected to have a Material Adverse Effect or (ii) cause any property described in the Mortgages to be subject to any material restrictions on ownership, occupancy, use or transferability under any Environmental Law;
(g) promptly after the initiation of any condemnation or eminent domain proceedings involving any Mortgaged Property;
(h) (i) (x) promptly, and in any event within 60 days of the date of any Loan Party or any of its Subsidiaries becoming party or subject to (I) any Resolution or (II) any administrative or judicial enforcement or adjudication proceeding under Section 5(b) or Section 13(b) of the FTC Act and (y) subsequent to any initial or further delivery of a budget and strategic plan pursuant to clauses (A) and (B) below, within 14 days of the date of any request by the Administrative Agent for a further updated budget and strategic plan, (A) a budget of Holdings and its Subsidiaries in form consistent with that previously provided or otherwise reasonably satisfactory to the Administrative Agent, prepared by Holdings for each fiscal month of each fiscal year covered by such budget prepared in detail for the period commencing with the first full fiscal month following such event through to the latest Maturity Date applicable to any Facility and (B) an updated strategic plan prepared in summary form; and, in the case of the budget, such budget shall show compliance with the financial covenants set forth in Section 7.11 and shall be prepared in detail with appropriate presentation and discussion of the principal assumptions upon which such budget is based, accompanied by the statement of a Responsible Officer of Holdings to the effect that the budget is a reasonable estimate for the period covered thereby (it being understood that actual results may vary significantly from any such projected or forecasted results); and (ii) promptly, such additional information regarding the Federal Trade Commissions or any other Governmental Authorities investigation, enforcement, administrative, or judicial proceeding against any of the Loan Parties or any of their Subsidiaries involving potential, alleged, or adjudicated violations of Section 5 of the FTC Act or other laws prohibiting unfair or deceptive trade practices, as the Administrative Agent (or any Lender through the Administrative Agent) may from time to time reasonably request; and
(i) promptly, such additional information regarding the business, financial or corporate affairs of any Borrower or any Subsidiary thereof, or compliance with the terms of the Loan Documents, as the Administrative Agent (or any Lender through the Administrative Agent) may from time to time reasonably request.
Documents required to be delivered pursuant to Section 6.01(a) or (b) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on
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which any Borrower posts such documents, or provides a link thereto on such Borrowers website on the Internet at the website address listed on Schedule 10.02 ; or (ii) on which such documents are posted on such Borrowers behalf on an Internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that (i) each Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests such Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the applicable Borrower shall notify the Administrative Agent (by telecopier or electronic mail) of the posting of any such documents and provide to the Administrative Agent by electronic mail electronic versions ( i.e. , soft copies) of such documents. Notwithstanding anything contained herein, in every instance Holdings or the Company shall be required to provide paper copies of the Compliance Certificates required by Section 6.02(b) to the Administrative Agent. Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Borrowers with any such request for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents.
Each Borrower hereby acknowledges that (a) the Administrative Agent and/or the Arrangers will make available to the Lenders and the L/C Issuer materials and/or information provided by or on behalf of such Borrower hereunder (collectively, Borrower Materials ) by posting the Borrower Materials on IntraLinks or another similar electronic system (the Platform ) and (b) certain of the Lenders (each, a Public Lender ) may have personnel who do not wish to receive material non-public information with respect to any of the Borrowers or their respective Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons securities. Each Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked PUBLIC which, at a minimum, shall mean that the word PUBLIC shall appear prominently on the first page thereof; (x) by marking Borrower Materials PUBLIC, the Borrowers shall be deemed to have authorized the Administrative Agent, the Arrangers, the L/C Issuer and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrowers or their respective securities for purposes of United States Federal and state securities laws ( provided , however , that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.07 ); (y) all Borrower Materials marked PUBLIC are permitted to be made available through a portion of the Platform designated Public Side Information; and (z) the Administrative Agent and the Arrangers shall be entitled to treat any Borrower Materials that are not marked PUBLIC as being suitable only for posting on a portion of the Platform not designated Public Side Information.
6.03 Notices . Promptly notify the Administrative Agent:
(a) of the occurrence of any Default (and the Administrative Agent will notify each Lender upon its receipt of such notice);
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(b) of any matter that has resulted or could reasonably be expected to result in a Material Adverse Effect;
(c) of the occurrence of any ERISA Event; and
(d) of any material change in accounting policies or financial reporting practices by any Borrower or any Subsidiary thereof, other than pursuant to or in connection with the implementation of or transition to International Financial Reporting Standards, including any determination by Holdings referred to in Section 2.10(b); and
(e) of any announcement by Moodys or S&P of any change in a Debt Rating.
Each notice pursuant to this Section 6.03 shall be accompanied by a statement of a Responsible Officer of Holdings setting forth details of the occurrence referred to therein and stating what action Holdings has taken and proposes to take with respect thereto. Each notice pursuant to Section 6.03(a) shall describe with particularity any and all provisions of this Agreement and any other Loan Document that have been breached.
6.04 Payment of Obligations . Pay and discharge as the same shall become due and payable all obligations and liabilities to the extent the failure to do so could reasonably be expected to result in a Material Adverse Effect, including (a) all tax liabilities, assessments and governmental charges or levies upon it or its properties or assets, unless (i) the same are being contested in good faith by appropriate proceedings diligently conducted and adequate reserves in accordance with GAAP are being maintained by the applicable Loan Party or (ii) the non-payment thereof could not reasonably be expected to result in a Material Adverse Effect; (b) all lawful claims which, if unpaid, would by law become a Lien (other than a Permitted Lien) upon its property; and (c) all Indebtedness, as and when due and payable, but subject to any grace periods or subordination provisions contained in any instrument or agreement evidencing such Indebtedness, if the non-payment thereof could reasonably be expected to result in a Material Adverse Effect.
6.05 Preservation of Existence, Etc . . (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 7.04 or 7.05 ; provided , that, in any event, (i) each of the Company and HIL maintain its legal existing and good standing under the Laws of the jurisdiction in which such Borrower is organized as of the Restatement Effective Date and (ii) Holdings maintains its legal existing and good standing under the Laws of the jurisdiction in which Holdings is organized as of the Restatement Effective Date or any other jurisdiction so long as (x) the change to such jurisdiction would not have an adverse effect on the interests of the Lenders (it being understood and agreed that any loss, reduction or other adverse effect on the nature and scope of the Guaranties (including, without limitation, any adverse effect on the extent to which the Obligations are guarantied thereby) and the Collateral shall be deemed to have an adverse effect on the interests of the Lenders), (y) such jurisdiction shall be any of the Republic of Ireland, the United Kingdom, any state within the United States or the District of Columbia, or any other jurisdiction approved by the Administrative Agent (such approval not to be unreasonably withheld), and (z) the Administrative Agent shall have received in respect of such change in jurisdiction all documentation (including any documentation requested by
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Administrative Agent or any Lender as may be required under applicable know your customer and anti-money laundering rules and regulations, including, without limitation, the PATRIOT Act), deliveries and evidence of completion of any actions contemplated by Sections 6.13 and 6.14 on or before the date of any such change in jurisdiction; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, copyrights, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.
6.06 Maintenance of Properties . (a) Maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order and condition, ordinary wear and tear excepted and except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; and (b) make all necessary repairs thereto and renewals and replacements thereof, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.
6.07 Maintenance of Insurance .
(a) Maintain with financially sound and reputable insurance companies not Affiliates of the Borrowers, insurance with respect to its properties and business against loss or damage of the kinds customarily insured against by Persons engaged in the same or similar business in the applicable geographic location, of such types and in such amounts (after giving effect to any self-insurance) as are customarily carried under similar circumstances by such other Persons and all such insurance shall (i) provide for not less than 30 days prior notice to the Administrative Agent of termination, lapse or cancellation of such insurance and (ii) name the Administrative Agent as mortgagee (in the case of property insurance) or additional insured on behalf of the Secured Parties (in the case of liability insurance) or loss payee (in the case of property insurance), as applicable.
(b) If any portion of any Mortgaged Property upon which improvement(s) are located is at any time located in a Special Flood Hazard Area, then the Borrowers shall, or shall cause each Loan Party to, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer, flood insurance in an amount and otherwise sufficient to comply with the NFIP as set forth in the Flood Laws and (ii) deliver to the Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Administrative Agent.
6.08 Compliance with Laws . Comply in all material respects with the requirements of all Laws (including, without limitation, all applicable Environmental Laws and Environmental Permits) and all orders, writs, injunctions and decrees applicable to it or to its business or property, except in such instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted; or (b) the failure to comply therewith could not reasonably be expected to have a Material Adverse Effect.
6.09 Books and Records . (a) Maintain proper books of record and account, in which full, true and correct entries in conformity with GAAP (or the foreign equivalent thereof)
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consistently applied shall be made of all financial transactions and matters involving the assets and business of such Borrowers or such Subsidiary, as the case may be; and (b) maintain such books of record and account in material conformity with all applicable requirements of any Governmental Authority having regulatory jurisdiction over such Borrower or such Subsidiary, as the case may be.
6.10 Inspection Rights . Permit representatives and independent contractors of the Administrative Agent and each Lender to visit and inspect any of its properties, to examine its corporate, financial and operating records, and make copies thereof or abstracts therefrom, and to discuss its affairs, finances and accounts with its directors, officers, and independent public accountants, all at such reasonable times during normal business hours and upon reasonable advance notice (no more frequently than twice during any fiscal year of Holdings and at the sole cost and expense of the Lenders unless a Default or Event of Default shall have occurred and be continuing); provided , however , that when an Event of Default exists the Administrative Agent or any Lender (or any of their respective representatives or independent contractors) may do any of the foregoing at the expense of the Borrowers at any time during normal business hours and without advance notice.
6.11 Use of Proceeds . Use the proceeds of (a) the Term A Loans made on the First Amendment Effective Date to repay Revolving Credit Loans outstanding on such date and to pay accrued interest and fees, costs and expenses incurred in connection with this Agreement and the First Amendment ( provided , that , to the extent the proceeds of the Term A Loans exceed the aggregate outstanding amount of the Revolving Credit Loans and such fees, costs and expenses, such proceeds shall be used for general corporate or other purposes) and (b) all other Credit Extension for general corporate or other purposes, in each case not in contravention of any Law or of any Loan Document.
6.12 Approvals and Authorizations . Maintain all authorizations, consents, approvals and licenses from, exemptions of, and filings and registrations with, each Governmental Authority of the jurisdiction in which each Foreign Obligor is organized and existing, and all approvals and consents of each other Person in such jurisdiction, in each case that are required in connection with the Loan Documents, except to the extent where the failure to do so could not reasonably be expected to have a Material Adverse Effect.
6.13 Additional Guarantors; Additional Collateral .
(a) Except with respect to any Excluded Assets, at the Borrowers expense:
(i) in the case of any Loan Party that is a Domestic Subsidiary,
(A) within 30 days (or such later date as may be agreed by the Administrative Agent in its sole discretion) of the delivery of any Compliance Certificate to the Administrative Agent pursuant to Section 6.02(a) , with respect to any property or assets acquired during the immediately preceding fiscal quarter that are not subject to a perfected first priority Lien (subject to Permitted Liens) in favor of the Administrative Agent for the benefit of the Secured Parties (as well as any
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real property not subject to a Mortgage as of the Restatement Effective Date which becomes Material Real Property after the Restatement Effective Date), furnish to the Administrative Agent a description of such property or assets so held or acquired in detail satisfactory to the Administrative Agent,
(B) within 30 days (or such later date as may be agreed by the Administrative Agent in its sole discretion) after the acquisition of any property that constitutes Material Real Property acquired after the Restatement Effective Date by any Loan Party, furnish to the Administrative Agent a description of such Material Real Property so held or acquired in detail satisfactory to the Administrative Agent,
(C) within 30 days (or such later date as may be agreed by the Administrative Agent in its sole discretion) of the delivery of any Compliance Certificate to the Administrative Agent pursuant to Section 6.02(a) , after such acquisition, cause the applicable Loan Party to duly execute and deliver to the Administrative Agent any supplements to the Security Agreement, supplements to any U.S. IP Security Agreement and other security and pledge agreements as specified by and in form and substance satisfactory to the Administrative Agent, securing payment of all the Obligations of the applicable Loan Party under the Loan Documents and constituting Liens on all such properties,
(D) within 30 days (or such later date as may be agreed by the Administrative Agent in its sole discretion) of the delivery of any Compliance Certificate to the Administrative Agent pursuant to Section 6.02(a) , cause the applicable Loan Party to take whatever action (including the filing of Uniform Commercial Code financing statements) may be necessary or advisable in the opinion of the Administrative Agent to vest in the Administrative Agent (or in any representative of the Administrative Agent designated by it) valid and subsisting Liens on such property or assets, enforceable against all third parties, but in any case, subject to any Permitted Liens and in accordance with the Collateral Documents,
(E) within 60 days (or such later date as may be agreed by the Administrative Agent in its sole discretion) of the delivery of any Compliance Certificate to the Administrative Agent pursuant to Section 6.02(a) , deliver to the Administrative Agent, upon the request of the Administrative Agent in its sole discretion, a signed copy of a favorable opinion, addressed to the Administrative Agent and the other Secured Parties, of counsel for the Loan Parties acceptable to the Administrative Agent as to the matters contained in clauses (C) and (D) above and as to such other matters as the Administrative Agent may reasonably request, and
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(F) in the case of any such Material Real Property, within 60 days (or such later date as may be agreed by the Administrative Agent in its sole discretion) after (i) the date of the acquisition of Material Real Property or (ii) the date of the delivery of any Compliance Certificate to the Administrative Agent pursuant to Section 6.02(a) if such real property became during the immediately preceding fiscal quarter (or was determined to be) a Material Real Property, deliver to the Administrative Agent a Mortgage with respect to such Material Real Property, duly executed by such Loan Party, together with, for each such Mortgage:
(1) evidence that counterparts of such Mortgage have been duly executed, acknowledged and delivered and are in form suitable for filing or recording in all filing or recording offices that the Administrative Agent may reasonably deem necessary or desirable in order to create a valid first and subsisting Lien (subject only to Permitted Encumbrances) on the property described therein in favor of the Administrative Agent for the benefit of the Secured Parties and that all filing, documentary, stamp, intangible and recording taxes and other fees in connection therewith have been paid,
(2) (i) a fully paid American Land Title Association Lenders Extended Coverage title insurance policy or unconditional commitment therefor, with endorsements or affirmative insurance requested by Administrative Agent (which may include, without limitation, endorsements on matters relating to usury, first loss, last dollar (to the extent not otherwise provided), zoning, doing business, variable rate, address, separate tax lot, subdivision, tie in or cluster, contiguity, access and so-called comprehensive coverage over covenants and restrictions, to the extent such endorsements are available in the applicable jurisdiction(s) at commercially reasonable rates) and in amounts reasonably acceptable to the Administrative Agent, issued by title insurers acceptable to the Administrative Agent (collectively, the Title Company ), insuring such Mortgage to be a valid first and subsisting Lien (subject only to Permitted Encumbrances) on the property described therein, free and clear of all defects (including, but not limited to, mechanics and materialmens Liens) and encumbrances, excepting only the Permitted Encumbrances described in clauses (a), (c) and (d) and (f) of Section 7.01 , and providing for such other affirmative insurance and such coinsurance and direct access reinsurance as the Administrative Agent may deem reasonably necessary or desirable (each such policy or unconditional commitment, a Mortgage Policy ); and the applicable Loan Party shall deliver to the Title Company such affidavits and indemnities as shall be reasonably required to induce the Title Company to issue the Title Policy contemplated in this
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clause (B) and (ii) evidence reasonably satisfactory to the Administrative Agent that all expenses and premiums of the Title Company and all other sums required in connection with the issuance of the Title Policy and all recording and stamp taxes (including mortgage recording and intangible taxes) payable in connection with recording such Mortgage in the appropriate real estate records have been paid to the Title Company or to the appropriate Governmental Authorities,
(3) to the extent within the possession of Holdings or any of its Subsidiaries, the most current American Land Title Association survey for the Mortgaged Property,
(4) evidence of the insurance required by Section 6.07 ,
(5) (i) a completed Life of Loan standard flood hazard determination form (a Flood Determination Form ); (ii) if the improvement(s) located on a Mortgaged Property is located in a Special Flood Hazard Area, a notification to the Company ( Borrower Notice ) and (if applicable) notification to the Company that flood insurance coverage under the National Flood Insurance Program ( NFIP ) is not available because the community in which the property is located does not participate in the NFIP; and (iii) if the Borrower Notice is required to be given and flood insurance is available in the community in which the improved Mortgaged Property is located, a copy of one of the following: the flood insurance policy, the Companys application for a flood insurance policy plus proof of premium payment, a declaration page confirming that flood insurance has been issued, or such other evidence of flood insurance required by Section 6.07 (any of the foregoing being Evidence of Flood Insurance );
(6) an opinion of counsel (which counsel shall be reasonably satisfactory to the Administrative Agent) in each state in which a Mortgaged Property is located with respect to the enforceability of the form(s) of Mortgage to be recorded in such state and such other matters as the Administrative Agent may reasonably request, in each case, addressed to the Administrative Agent and the other Secured Parties and in form and substance reasonably satisfactory to the Administrative Agent; and
(7) evidence that all other action that the Administrative Agent may deem necessary or desirable in order to create valid first and subsisting Liens (subject only to Permitted Encumbrances) on the property described in the Mortgage has been taken;
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(ii) in the case of any Loan Party that is a Foreign Subsidiary,
(A) within 60 days (or such later date as may be agreed by the Administrative Agent in its sole discretion) after the date any Compliance Certificate is delivered to the Administrative Agent pursuant Section 6.02(a) , with respect to any Equity Interests in any Subsidiaries organized or incorporated in any jurisdiction in the immediately preceding fiscal quarter in which any Loan Party is organized or any IP Rights (other than IP Rights that are (i) of de minimis value or (ii) which are licensed from any IP Holding Company) that are not subject to a perfected first priority Lien (subject to Permitted Liens) in favor of the Administrative Agent for the benefit of the Secured Parties, furnish to the Administrative Agent a description of such Equity Interests or IP Rights so acquired in detail satisfactory to the Administrative Agent,
(B) within 60 days (or such later date as may be agreed by the Administrative Agent in its sole discretion) after the date any Compliance Certificate is delivered to the Administrative Agent pursuant Section 6.02(a) , cause the applicable Loan Party to duly execute and deliver to the Administrative Agent any pledge and/or security agreements in respect of such Equity Interests, any security and pledge agreements governed by the laws of any jurisdiction in which any Loan Party is organized (as applicable) with respect to such IP Rights, and any other Collateral Documents with respect to such assets, in each case, as specified by and in form and substance reasonably satisfactory to the Administrative Agent (including delivery of, or completion of such other actions which are required to be taken by the applicable Collateral Documents to perfect the Liens in, all such pledged Equity Interests, and other instruments of the type specified in Section 4(a)(vi) of the Third Amendment (or the equivalent thereof in such jurisdiction)), securing payment of all the Obligations of such Loan Party under the Loan Documents and constituting Liens on all such Equity Interests and IP Rights,
(C) within 60 days (or such later date as may be agreed by the Administrative Agent in its sole discretion) after the date any Compliance Certificate is delivered to the Administrative Agent pursuant Section 6.02(a) , cause the applicable Loan Party to take whatever action may be necessary or advisable in the opinion of the Administrative Agent to vest in the Administrative Agent (or in any representative of the Administrative Agent designated by it) for the benefit of the Secured Parties valid and subsisting Liens on such assets, enforceable against all third parties, and
(D) within 60 days (or such later date as may be agreed by the Administrative Agent in its sole discretion) after the date any Compliance Certificate is delivered to the Administrative Agent pursuant Section 6.02(a) , deliver to the Administrative Agent, upon the request of the Administrative Agent in its sole discretion, a signed copy of a favorable
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opinion, addressed to the Administrative Agent and the other Secured Parties, of counsel for the Loan Parties acceptable to the Administrative Agent as to the matters contained in clauses (A), (C) and (D) above, and as to such other matters as the Administrative Agent may reasonably request.
The Borrowers shall otherwise take or cause to be taken such actions and execute and/or deliver or cause to be executed and/or delivered to the Administrative Agent such documents as the Administrative Agent shall require to confirm the validity of the Lien granted in favor of the Administrative Agent for the benefit of the Secured Parties against such after-acquired properties or assets, and such assets held on the Restatement Effective Date not made subject to a Lien created by any of the Collateral Documents.
(b) With respect to (A) any Subsidiary (other than any Excluded Subsidiary) which is required to become a Loan Party to comply with the provisions of Section 6.15 after the date any Compliance Certificate is delivered to the Administrative Agent pursuant Section 6.02(a) , or (B) any Subsidiary that becomes an IP Holding Company after the Restatement Effective Date, in each case, at the Borrowers expense:
(i) if such Subsidiary is a Domestic Subsidiary,
(A) within 30 days after such date (or such later date as may be agreed by the Administrative Agent in its sole discretion), cause such Domestic Subsidiary to duly execute and deliver to the Administrative Agent a guaranty or guaranty supplement, in form and substance reasonably satisfactory to the Administrative Agent, guaranteeing the Obligations of the Loan Parties,
(B) within 30 days after such date (or such later date as may be agreed by the Administrative Agent in its sole discretion), furnish to the Administrative Agent a description of the properties and assets of such Domestic Subsidiary, in detail reasonably satisfactory to the Administrative Agent,
(C) within 30 days after such date (or such later date as may be agreed by the Administrative Agent in its sole discretion), cause to be duly executed and delivered to the Administrative Agent any pledge agreements, supplements to the Security Agreement, supplements to any U.S. IP Security Agreement, other Collateral Documents, as specified by and in form and substance reasonably satisfactory to the Administrative Agent (including delivery of all Pledged Interests in and of such Subsidiary, and other instruments of the type specified in Section 4(a)(iv) of the Third Amendment), securing the Obligations of such Domestic Subsidiary under the Loan Documents and constituting Liens on all such properties and assets,
(D) within 30 days after such date (or such later date as may be agreed by the Administrative Agent in its sole discretion), cause to be
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taken whatever action (including the filing of Uniform Commercial Code financing statements) may be necessary or advisable in the reasonable opinion of the Administrative Agent to vest in the Administrative Agent (or in any representative of the Administrative Agent designated by it) for the benefit of the Secured Parties valid and subsisting Liens on the properties purported to be subject to such pledge agreements, supplements to the Security Agreement, supplements to any U.S. IP Security Agreement and other Collateral Documents delivered pursuant to this Section 6.13 , enforceable against all third parties in accordance with their terms,
(E) within 60 days after such date (or such later date as may be agreed by the Administrative Agent in its sole discretion), deliver to the Administrative Agent, upon the request of the Administrative Agent in its sole discretion, a signed copy of a favorable opinion, addressed to the Administrative Agent and the other Secured Parties, of counsel for the Loan Parties acceptable to the Administrative Agent as to the matters contained in clauses (A), (C) and (D) above, and as to such other matters as the Administrative Agent may reasonably request,
(F) within 60 days after such date (or such later date as may be agreed by the Administrative Agent in its sole discretion), with respect to each parcel of Material Real Property owned or held by such Domestic Subsidiary, deliver such documents, deliverables or instruments and take such actions similar to those described in Section 6.13(a)(i)(F) , each in scope, form and substance satisfactory to the Administrative Agent; and
(ii) if such Subsidiary is a Foreign Subsidiary,
(A) within 60 days after such date (or such later date as may be agreed by the Administrative Agent in its sole discretion), cause such Foreign Subsidiary to duly execute and deliver to the Administrative Agent a guaranty or guaranty supplement, in form and substance satisfactory to the Administrative Agent, guaranteeing the Obligations of the Loan Parties,
(B) within 60 days after such date (or such later date as may be agreed by the Administrative Agent in its sole discretion), furnish to the Administrative Agent a description of the Equity Interests in and of such Foreign Subsidiary, the Equity Interests of its Subsidiaries, and all IP Rights of such Foreign Subsidiary, in detail satisfactory to the Administrative Agent,
(C) within 60 days after such date (or such later date as may be agreed by the Administrative Agent in its sole discretion), cause to be duly executed and delivered to the Administrative Agent any pledge and/or security agreements in respect of the Equity Interests in and of such
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Foreign Subsidiary and each of its direct, first-tier Subsidiaries organized or incorporated in any jurisdiction in which any Loan Party is organized, any security and pledge agreements governed by the laws of any jurisdiction in which any Loan Party is organized (as applicable) with respect to such IP Rights of such Foreign Subsidiary (excluding any IP Rights that are (i) of de minimis value or (ii) which are licensed from any IP Holding Company), and any other Collateral Documents with respect to such assets, in each case, as specified by and in form and substance reasonably satisfactory to the Administrative Agent (including delivery of, or completion of such other actions which are required to be taken by the applicable Collateral Documents to perfect the Liens in, all pledged Equity Interests in and of such Subsidiary and each of its Subsidiaries organized or incorporated in any jurisdiction in which any Loan Party is organized or incorporated, and other instruments of the type specified in Section 4(a)(vi) of the Third Amendment (or the equivalent thereof in such jurisdiction)), securing the Obligations of such Foreign Subsidiary under the Loan Documents and constituting Liens on all such properties and assets,
(D) within 60 days after such date (or such later date as may be agreed by the Administrative Agent in its sole discretion), cause to be taken whatever action may be necessary or advisable in the opinion of the Administrative Agent to vest in the Administrative Agent (or in any representative of the Administrative Agent designated by it) for the benefit of the Secured Parties valid and subsisting Liens on such assets, enforceable against all third parties, and
(E) within 60 days after such date (or such later date as may be agreed by the Administrative Agent in its sole discretion), deliver to the Administrative Agent, upon the request of the Administrative Agent in its sole discretion, a signed copy of a favorable opinion, addressed to the Administrative Agent and the other Secured Parties, of counsel for the Loan Parties acceptable to the Administrative Agent as to the matters contained in clauses (A), (C) and (D) above, and as to such other matters as the Administrative Agent may reasonably request.
(c) Notwithstanding anything to the contrary contained in any of the Loan Documents: (i) any guaranty of the Obligations provided by any Subsidiary of Holdings that is an Excluded U.S. Guarantor shall not extend to the obligations of any Loan Party that is a U.S. Person as defined in the Code, either (x) directly or (y) indirectly by virtue of guaranteeing the Obligations of any Loan Party that is not a U.S. Person which has itself guaranteed the Obligations of a U.S. Loan Party (but, for the avoidance of doubt, any Excluded U.S. Guarantor that has guaranteed the Obligations of any Loan Party that is not a U.S. Person shall be liable for all Obligations of such Loan Party pursuant to any such guarantee other than such Loan Partys obligations under any guarantee of the Obligations of a U.S. Person); (ii) the Collateral shall not include any Excluded Assets; (iii) leasehold mortgages and landlord lien waivers, estoppels, warehouseman waivers or other collateral access letters will not be required; (iv) control
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agreements will not be required in respect of deposit accounts, securities accounts and commodities accounts; (v) no Loan Party shall be required to execute or deliver any Collateral Documents governed by any law other than the laws of the state of New York or any jurisdiction of organization or incorporation of any Loan Party; and (vi) perfection shall not be required with respect to: (A) vehicles and any other assets subject to certificates of title to the extent a Lien therein cannot be perfected by filing a Uniform Commercial Code financing statement, (B) commercial tort claims, (C) letter of credit rights (other than supporting obligations) and (D) any property or assets of Holdings or any of its Subsidiaries to the extent the cost, burden, difficulty or consequence (including any effect on the ability of the Loan Parties to conduct their operations and business in the ordinary course) of perfecting a security interest therein outweighs the benefit of the security afforded thereby to the Secured Parties as reasonably determined by the Company and the Administrative Agent (and the maximum guaranteed or secured amount may be limited to minimize stamp duty, notarization, registration or other applicable fees, taxes and/or duties where the benefit to the Secured Parties of increasing the guaranteed or secured amount is disproportionate to the level of such fees, taxes and/or duties).
(d) At any time upon request of the Administrative Agent, promptly execute and deliver any and all further instruments and documents and take all such other action as the Administrative Agent may deem necessary or desirable in obtaining the full benefits of, or (as applicable) in perfecting and preserving the Liens of, such guaranties, supplements to the Security Agreement, supplements to any U.S. IP Security Agreement, deeds of trust, trust deeds, deeds to secure debt, mortgages, and other Collateral Documents.
6.14 Further Assurances .
(a) Promptly upon request by the Administrative Agent, or any Lender through the Administrative Agent, (a) correct any material defect or error that may be discovered in any Loan Document or in the execution, acknowledgment, filing or recordation thereof, and (b) do, execute, acknowledge, deliver, record, re-record, file, re-file, register and re-register any and all such further acts, certificates, assurances and other instruments as the Administrative Agent, or any Lender through the Administrative Agent, may reasonably require from time to time in order to carry out more effectively the purposes of the Loan Documents.
(b) At the request of the Required Lenders from time to time when either (i) an Event of Default shall have occurred and be continuing or (ii) the Required Lenders have a reasonable belief that the Loan Parties have failed to comply in all material respects with applicable Environmental Laws, provide to the Lenders within 60 days after such request, at the expense of the Borrowers, an environmental site assessment report for any Mortgaged Property, prepared by an environmental consulting firm reasonably acceptable to the Administrative Agent, indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, response or other corrective action to address any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrowers, and the Borrowers hereby grant and agree to cause any Subsidiary that owns or leases the Mortgaged Property described in such request to grant at the time of such request to the Administrative Agent, the Lenders, such firm
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and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants or necessary consent of landlords, to enter onto their respective properties to undertake such an assessment.
(c) At the Administrative Agents election from time to time, the Administrative Agent may obtain (at the sole cost and expense of the Borrowers unless requested more frequently than once in any Appraisal Period), an appraisal for each Mortgaged Property providing a fair assessment of the fair market value of such Mortgaged Property, prepared by an independent, third-party appraiser holding an MAI designation and who is state licensed or state certified if required by the laws of the state where such Mortgaged Property is located, reasonably acceptable to the Administrative Agent as to form, assumptions, substance, and appraisal date, and prepared in accordance with the requirements of FIRREA and all other applicable Laws.
6.15 Guarantor Coverage Test . Ensure that within 60 days (or such later date as may be agreed by the Administrative Agent in its sole discretion) of the delivery of any Compliance Certificate to the Administrative Agent pursuant to Section 6.02(a) ,
(a) the aggregate (without duplication) Loan Party Consolidated EBITDA for the most recently ended four fiscal quarter period attributable to the Loan Parties as a group is no less than 80.0% of the Consolidated EBITDA of Holdings and its Subsidiaries on a consolidated basis for such four fiscal quarter period; and
(b) the aggregate (without duplication) Loan Party Assets of the Loan Parties as a group as of the last day of the most recently ended fiscal quarter is no less than 80.0% of total assets of Holdings and its Subsidiaries on a consolidated basis as of the last day of such fiscal quarter;
provided that, for the purposes of determining compliance with this Section 6.15 : (w) the Consolidated EBITDA and total assets of any Subsidiary of Holdings which is an Excluded Subsidiary shall be excluded in calculating the Consolidated EBITDA and the consolidated total assets of Holdings and its Subsidiaries; (x) the Consolidated EBITDA and total assets of any Subsidiary of Holdings which is not a Loan Party shall be excluded in calculating the Loan Party Consolidated EBITDA and the Loan Party Assets to the extent included therein; (y) Consolidated EBITDA, Loan Party Consolidated EBITDA, Loan Party Assets and the consolidated total assets of Holdings and its Subsidiaries shall be determined without giving effect to any write-off of any intercompany receivables due from, or equity value attributable to, Herbalife Venezuela; and (z) the Consolidated EBITDA and the consolidated total assets of Holdings and its Subsidiaries shall be calculated by giving pro forma effect to any such purchase or acquisition of the capital stock or other equity securities of another Person or the assets of another Person that constitute a business unit or all or substantially all of the business of such Person as though such purchase or acquisition had been consummated as of the first day of the applicable fiscal period.
6.16 Conditions Subsequent . The Credit Parties shall satisfy the requirements set forth on Schedule 6.16 on or before the date specified therein for such requirement (or such later date as may be agreed by the Administrative Agent in its sole discretion).
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ARTICLE VII.
NEGATIVE COVENANTS
So long as any Lender shall have any Commitment hereunder, any Loan or other Obligation hereunder (other than contingent indemnity obligations) shall remain unpaid or unsatisfied, or any Letter of Credit shall remain outstanding, the Borrowers shall not, nor shall they permit any Subsidiary to, directly or indirectly:
7.01 Liens . Create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired, other than the following (the Permitted Liens ):
(a) Liens pursuant to any Loan Document;
(b) Liens existing on the First Amendment Effective Date, including Liens replacing such Liens ( Replacement Liens ); provided that, (i) the aggregate principal amount of the Indebtedness, if any, secured by such Liens does not increase, except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection with the refinancing thereof and by an amount equal to any existing commitments unutilized thereunder; and (ii) such Liens do not encumber any property other than the property subject thereto on the Closing Date and (iii) any Lien securing Indebtedness in excess of (x) $5,000,000 individually, or (y) $20,000,000 in the aggregate (when taken together with all other Liens outstanding in reliance on this clause (b) that were not set forth on Schedule 7.01 to the Existing Credit Agreement as delivered on the First Amendment Effective Date) shall only be permitted in reliance on this clause (b) to the extent that such Lien was, or such Liens were, listed on Schedule 7.01 to the Existing Credit Agreement as delivered on the First Amendment Effective Date;
(c) Liens for Taxes, provided, that, in the case of Taxes of a Loan Party such Taxes are not yet due and payable or delinquent or constitute Liens for Taxes (including in respect of deposits made in respect of such Taxes) that are being contested in good faith by appropriate proceedings for which reserves have been established to the extent required by GAAP, which proceedings (or orders entered in connection with such proceedings) have the effect of preventing the forfeiture or sale of the property or assets subject to any such Lien;
(d) Liens in respect of property of a Loan Party or any Subsidiary thereof imposed by law that were incurred in the ordinary course of business and do not secure Indebtedness for borrowed money, such as carriers, warehousemens, materialmens, landlords, workmens, suppliers, repairmens and mechanics Liens and other similar Liens arising in the ordinary course of business; provided that such Liens secure amounts not yet due and payable or delinquent or, to the extent such amounts are so due and payable or delinquent, such amounts are being contested in good faith by appropriate proceedings for which adequate reserves have been established in accordance with GAAP, which proceedings for orders entered in connection with such proceedings have the effect of preventing the forfeiture or sale of the property or assets subject to any such Lien;
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(e) Liens (other than any Lien imposed by ERISA or Section 401(a)(29) or 412(n) or the Tax Code) (i) imposed by law or deposits made in connection therewith in the ordinary course of business in connection with workers compensation, unemployment insurance and other types of social security; (ii) incurred in the ordinary course of business to secure the performance of tenders, statutory obligations (other than excise taxes), surety, stay, customs and appeal bonds, statutory bonds, bids, leases, government contracts, trade contracts, performance and return of money bonds and other similar obligations (including obligations imposed by the applicable laws of foreign jurisdictions and exclusive of obligations for the payment of borrowed money); or (iii) arising by virtue of deposits made in the ordinary course of business to secure liability for premiums to insurance carriers; provided that, with respect to clauses (i), (ii) and (iii) above such Liens are set amounts not yet due and payable or delinquent or, to the extent such amounts are so due and payable, such amounts are being contested in good faith by appropriate proceedings for which adequate reserves have been established in accordance with GAAP, which proceedings for orders entered in connection with such proceedings have the effect of preventing the forfeiture or sale of the property or assets subject to any such Lien;
(f) easements, rights-of-way, restrictions (including zoning restrictions), covenants, encroachments, protrusions and other similar charges or encumbrances, and minor title deficiencies on or with respect to any real property, in each case whether now or hereafter in existence, not (i) securing Indebtedness and (ii) individually or in the aggregate materially interfering with the conduct of the business of Holdings or its Subsidiaries at such real property;
(g) Liens arising out of judgments or awards not resulting in an Event of Default (including notices of lis pendens and associated rights) and in respect of which judgments or awards the applicable Loan Party or other Subsidiary shall in good faith be prosecuting an appeal or proceedings for review in respect of which there shall be secured a subsisting stay of execution pending such appeal or proceedings;
(h) Liens securing Indebtedness permitted under Section 7.03(f) ; provided that (i) such Liens do not at any time encumber any property other than the property financed by such Indebtedness and (ii) the Indebtedness secured thereby does not exceed the cost of the property being acquired on the date of acquisition;
(i) Liens arising out of conditional sale, title retention, consignment or similar arrangements for the sale of goods entered into by any Borrower or any Subsidiary thereof in the ordinary course of business in accordance with the past practices of such Borrower or Subsidiary;
(j) bankers Liens, rights of set-off and other similar Liens existing solely with respect to cash and cash equivalents on deposit in one or more accounts maintained by a Borrower or any Subsidiary thereof, in each case granted (or otherwise arising) in the ordinary course of business in favor of the bank or banks with which such accounts are maintained, securing amounts owing to such bank with respect to cash management and operating account arrangements (including any Cash Management Agreement), including those involving pooled accounts and netting arrangements; provided that, in no case shall any such Liens secure (either directly or indirectly) the repayment of any Indebtedness;
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(k) Liens on assets of a Person (and its Subsidiaries) existing at the time such Person or asset is acquired or merged with or into or consolidated with a Borrower or any of its Subsidiaries (and not created in anticipation or contemplation thereof), together with any Replacement Liens thereof; provided that, such Liens do not extend to assets not subject to such Liens at the time of acquisition (other than improvements thereon) and, in respect of a Replacement Lien, such Liens do not encumber any property other than the property subject thereto on the date such Person or asset is acquired or merged with or into or consolidated with a Borrower or any of its Subsidiaries;
(l) licenses of intellectual property (i) granted by any Borrower or any of its Subsidiaries in the ordinary course of business and not interfering in any material respect with the ordinary conduct of the business of such Borrower or such Subsidiary and (ii) between or among any Borrower and/or any Subsidiaries thereof;
(m) cash deposits required to secure obligations in respect of letters of credit and bank Guarantees (i) listed on Schedule 7.03 to the Existing Credit Agreement as delivered on the First Amendment Effective Date, (ii) issued in respect of refinancings or renewals permitted under Section 7.03(b) or (iii) issued in the ordinary course of business in an aggregate amount not to exceed $150,000,000 at any time;
(n) restrictions on transfers of securities imposed by applicable securities laws;
(o) Liens in favor of the financial institutions providing cash pooling services to the Borrowers and/or their Subsidiaries; provided, that such Liens are granted solely in the bank accounts that are the subject of such pooling arrangements and the obligations secured thereby are limited to the obligations arising under the pooling arrangements, including, without limitation, for the fees and costs of the financial institutions providing such services;
(p) Liens securing Indebtedness permitted under Section 7.03(h) in an aggregate amount not to exceed $150,000,000 at any time;
(q) Liens on Collateral (for so long as such Collateral is subject to the Lien of the Collateral Documents) securing Indebtedness incurred pursuant to Section 7.03(j) in an aggregate amount not to exceed $150,000,000, so long as (i) such Indebtedness shall be secured on an equal and ratable basis with the Liens securing the Obligations pursuant to one or more intercreditor agreements reasonably satisfactory to the Administrative Agent, (ii) such Indebtedness has a stated maturity date not earlier than the Maturity Date and (iii) the documentation governing such Indebtedness contains maintenance financial covenants no more restrictive than those contained in this Agreement, unless the Required Lenders and the Borrowers have entered into an amendment to this Agreement giving effect to any such more restrictive financial maintenance covenants;
(r) other Liens on Collateral (for so long as such Collateral is subject to the Lien of the Collateral Documents) securing Indebtedness incurred pursuant to Section 7.03(j) so long as (i) such Liens are expressly junior to the Liens securing the Obligations pursuant one or more intercreditor agreements reasonably satisfactory to the Administrative Agent and (ii) the
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Indebtedness secured thereby (x) is subordinated in right of payment to the prior payment in full of the Obligations pursuant to the intercreditor agreement or agreements referred to in clause (i) above, (y) has a stated maturity date after (and no scheduled amortization prior to) the date six months after the Maturity Date and (z) is governed by documentation containing terms and provisions no more restrictive than those contained in this Agreement and otherwise reasonably acceptable to the Administrative Agent, unless the Required Lenders and the Borrowers have entered into an amendment to this Agreement giving effect to any such more restrictive provisions;
(s) Liens on Indebtedness incurred pursuant to Section 7.03(g) ;
(t) Liens in favor of customs and revenue authorities arising as a matter of law to secure payment of customs duties in connection with the importation of goods in the ordinary course of business;
(u) Any interest or title of a lessor, sublessor, licensor or sublicensor by a lessors, sublessors, licensors or sublicensors interest under leases or licenses entered into by Holdings or any Subsidiary as tenant, subtenant, licensee or sublicense in the ordinary course of business, including, without limitation, any assignments of insurance or condemnation proceeds provided to landlords (or their mortgagees) pursuant to the terms of any lease and Liens and rights reserved in any lease for rent or for compliance with the terms of such lease;
(v) Liens securing reimbursement obligations in respect of documentary letters of credit or bankers acceptances, provided, that such Liens attach only to the documents and goods covered thereby and the proceeds thereof;
(w) Liens on insurance policies and the proceeds thereof securing the financing of the premiums with respect thereto;
(x) Liens on (i) any cash earnest money deposits made by Holdings or any Subsidiary in connection with any letter of intent or purchase agreement permitted hereunder and (ii) cash relating to escrows established for an adjustment in purchase price or liabilities or indemnities for Dispositions, to the extent the relevant Disposition is permitted hereby;
(y) Liens arising in connection with the filing of Uniform Commercial Code (or equivalent) financing statements solely as a precautionary measure in connection with operating leases or the consignment of goods;
(z) Liens in favor of a trustee in an indenture relating to any Indebtedness to the extent such Liens secure only customary compensation and reimbursement obligations of such trustee;
(aa) Liens securing cash collateral in an aggregate amount not to exceed $10,000,000 at any time granted to a financial counterparty to a Swap Contract that is not a Hedge Bank in connection with the incurrence of Indebtedness incurred pursuant to Section 7.03(e) ; and
(bb) Liens securing Indebtedness and other obligations in an amount not to exceed $25,000,000 at any one time outstanding.
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7.02 Investments . Make any Investments, except:
(a) Investments held by a Borrower or any Subsidiary thereof in the form of cash equivalents or short-term marketable debt securities;
(b) Investments arising in connection with the purchase and sale of marketable securities to facilitate the repatriation of earnings by Foreign Subsidiaries and Investments arising in connection with the payment of intercompany and other obligations incurred in the ordinary course of business by Foreign Obligors;
(c) advances to officers, directors and employees of the Borrowers and their Subsidiaries, for travel, entertainment, relocation and analogous ordinary business purposes, in each case consistent with past practices;
(d) Investments made by any Borrower in any other Borrower or in any Wholly-Owned Subsidiaries and Investments made by any Wholly-Owned Subsidiary in any Borrower or in another Wholly-Owned Subsidiary;
(e) Investments consisting of extensions of credit in the nature of accounts receivable or notes receivable arising from the grant of trade credit in the ordinary course of business; Investments received in satisfaction or partial satisfaction thereof from financially troubled account debtors to the extent reasonably necessary in order to prevent or limit loss; Investments received in satisfaction of judgments, foreclosure of Liens or settlement of Indebtedness or other obligations;
(f) Guarantees permitted by Section 7.03 ;
(g) Investments arising in connection with Swap Contracts permitted hereunder;
(h) Investments in respect of prepaid expenses, negotiable instruments held for collection or lease, utility, workers compensation, performance and similar deposits provided to third parties in the ordinary course of business;
(i) Investments constituting non-cash consideration received in connection with Dispositions permitted by Section 7.05 ;
(j) other Investments so long as (i) both before and immediately after giving pro forma effect to such Investment (x) no Default shall then exist and (y) the Loan Parties shall be in compliance with Section 7.11 as of the most recent fiscal quarter for which financial statements have been delivered pursuant to Section 6.01 hereof and (ii) in the case of any purchase or other acquisition of capital stock or other equity securities of another Person or any purchase or other acquisition (in one transaction or a series of related transactions) of the assets of another Person that constitute a business unit or all or substantially all of the business of such Person, (x) the lines of business of the Person to be (or the property of which is to be) so
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purchased or otherwise acquired shall be substantially the same (or reasonably related to) lines of business as one or more of the principal businesses of the Borrowers and their Subsidiaries in the ordinary course and (y) any such newly-created or acquired Wholly-Owned Subsidiary shall comply with the applicable requirements of Section 6.13 .
7.03 Indebtedness . Create, incur, assume or suffer to exist any Indebtedness, except:
(a) Indebtedness under the Loan Documents;
(b) Indebtedness outstanding on the First Amendment Effective Date and any refinancings, refundings, renewals or extensions thereof; provided that (i) the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection with such refinancing and by an amount equal to any existing commitments unutilized thereunder and (ii) the terms relating to amortization, maturity date, collateral (if any) and subordination (if any) of any such refinancing, refunding, renewing or extending Indebtedness, and of any agreement entered into and of any instrument issued in connection therewith, are no less favorable in any material respect to the Loan Parties or the Lenders than the terms of any agreement or instrument governing the Indebtedness being refinanced, refunded, renewed or extended and (iii) any Indebtedness that is in excess of (x) $5,000,000 individually, or (y) $20,000,000 in the aggregate (when taken together with all other Indebtedness outstanding in reliance on this clause (b) that was not set forth on Schedule 7.03 to the Existing Credit Agreement as delivered on the First Amendment Effective Date)) shall only be permitted in reliance on this clause (b) to the extent that such Indebtedness was listed on Schedule 7.03 to the Existing Credit Agreement on the First Amendment Effective Date;
(c) Indebtedness of any Borrower to any other Borrower or any Wholly-Owned Subsidiary and Indebtedness of any Wholly-Owned Subsidiary to any Borrower or other Wholly-Owned Subsidiary, in each case, solely to the extent permitted by and incurred in accordance with Section 7.02 ;
(d) Guarantees of any Borrower or any Subsidiary thereof in respect of Indebtedness otherwise permitted hereunder of a Borrower or any Wholly-Owned Subsidiary;
(e) obligations (contingent or otherwise) of any Borrower or any Subsidiary thereof existing or arising under any Swap Contract (together with any Guarantees thereof), provided that (i) such obligations are (or were) entered into by such Person in the ordinary course of business for the purpose of directly mitigating risks associated with liabilities, commitments, investments, assets, or property held or reasonably anticipated by such Person, or changes in the value of securities issued by such Person, and not for purposes of speculation or taking a market view; and (ii) such Swap Contract does not contain any provision exonerating the non-defaulting party from its obligation to make payments on outstanding transactions to the defaulting party;
(f) Indebtedness in respect of Capital Lease Obligations, Synthetic Lease Obligations and purchase money obligations for fixed or capital assets within the limitations set forth in Section 7.01(h) ; provided , however , that the aggregate amount of all such Indebtedness
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at any one time outstanding shall not exceed $150,000,000, plus such additional amounts as are hereafter required in accordance with changes imposed by GAAP to be reflected as a Capital Lease Obligation;
(g) Indebtedness of Foreign Subsidiaries other than a Loan Party and incurred for working capital purposes not to exceed $50,000,000 in the aggregate at any time outstanding;
(h) Indebtedness of the Borrowers or any Subsidiaries thereof incurred in respect of bank guarantees, letters of credit or similar instruments to support local regulatory, solvency, consumer requirements and tax disputes not to exceed $150,000,000 in the aggregate at any time outstanding;
(i) Cash Management Obligations and other Indebtedness in respect of netting services, cash pooling arrangements, automatic clearinghouse arrangements, overdraft protections, employee credit card programs and other cash management and similar arrangements in the ordinary course of business, and any Guarantees thereof;
(j) other Indebtedness so long as both before and immediately after giving pro forma effect to the incurrence of such Indebtedness (i) no Default shall then exist and (ii) the Loan Parties shall be in compliance with Section 7.11 as of the most recent fiscal quarter for which financial statements have been delivered pursuant to Section 6.01 hereof; and
(k) Indebtedness under the 2014 Convertible Notes as of the Restatement Effective Date and any refinancings, refundings, renewals or extensions thereof; provided that (i) the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection with such refinancing and (ii) the terms relating to amortization, maturity date, collateral (if any) and subordination (if any) of any such refinancing, refunding, renewing or extending Indebtedness, and of any agreement entered into and of any instrument issued in connection therewith, are no less favorable in any material respect to the Loan Parties or the Lenders than the terms of any agreement or instrument governing the Indebtedness being refinanced, refunded, renewed or extended.
7.04 Fundamental Changes . Subject to Section 6.05(a)(ii) , merge, dissolve, liquidate, consolidate with or into another Person, or Dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except that:
(a) any Subsidiary may merge with (i) a Borrower, provided that such Borrower shall be the continuing or surviving Person, or (ii) any one or more other Subsidiaries, provided that except as set forth in clause (c) below, when any Guarantor is merging with another Subsidiary, the continuing or surviving Person shall be a Guarantor or shall become a Guarantor within the timeframe set forth in Section 6.13 ;
(b) any Subsidiary may Dispose of all or substantially all of its assets (upon voluntary liquidation or otherwise) to a Borrower or to another Subsidiary; provided that except as set forth in clause (c) below, if the transferor in such a transaction is a Guarantor, then the transferee must either be a Borrower or a Guarantor; and
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(c) subject to Section 6.13 , if any Borrower determines in good faith that such liquidation or dissolution or change in legal form is in the best interests of such Borrower and/or its Subsidiaries and is not materially disadvantageous to the Lenders, (i) any Guarantor (other than any Borrower) may merge, dissolve, liquidate, consolidate with or into, or Dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of, any other Guarantor or a Borrower (so long as such Borrower is the surviving entity of any such transaction), and (ii) any Subsidiary that is not a Loan Party may merge, dissolve, liquidate, consolidate with or into any other Person, or Dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of, any other Person, in each case, so long as both before and immediately after giving pro forma effect to such transaction or series of transactions (A) no Default shall then exist and (B) the Loan Parties shall be in compliance with Section 7.11 as of the most recent fiscal quarter for which financial statements have been delivered pursuant to Section 6.01 hereof.
7.05 Dispositions . Make any Disposition, except:
(a) Dispositions of obsolete or worn out or surplus property, or otherwise no longer used or useful, whether now owned or hereafter acquired, in the ordinary course of business;
(b) Dispositions in the ordinary course of business;
(c) Dispositions of equipment or real property to the extent that (i) such property is exchanged for credit against the purchase price of similar replacement property or (ii) the proceeds of such Disposition are reasonably promptly applied to the purchase price of such replacement property;
(d) Dispositions of property by a Borrower or any Subsidiary to another Borrower or to a Wholly-Owned Subsidiary;
(e) Dispositions permitted by Section 7.04 , or otherwise effected pursuant to an Investment pursuant to Section 7.02 , and the granting of Liens permitted under Section 7.01 ;
(f) Dispositions of Subsidiaries, or their property, that are not Loan Parties so long as both before and immediately after giving pro forma effect to any such Disposition (i) no Default shall then exist, and (ii) the Loan Parties shall be in compliance with Section 7.11 as of the most recent fiscal quarter for which financial statements have been delivered pursuant to Section 6.01 hereof;
(g) Dispositions by the Borrowers and their Subsidiaries not otherwise permitted under this Section 7.05 ; provided that (i) at the time of such Disposition, no Default shall exist or would result from such Disposition, and (ii) the aggregate book value of all property Disposed of in reliance on this clause (g) in any fiscal year shall not exceed $75,000,000; and
(h) the settlement or early termination of any Permitted Convertible Indebtedness Call Transaction; provided that the sole consideration paid by Holdings in connection with such settlement or early termination is common stock of Holdings and cash in lieu of fractional shares (other than, in the case of an early termination of such Permitted Convertible Indebtedness Call Transaction, pursuant to customary exceptions to the right of an issuer to settle the relevant close-out amount, cancellation amount or other similar payment obligation in shares).
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7.06 Restricted Payments . Declare or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except that:
(a) each Subsidiary may make Restricted Payments to (i) the Loan Parties and any other Person that owns an Equity Interest in such Subsidiary, ratably according to their respective holdings of the type of Equity Interest in respect of which such Restricted Payment is being made or (ii) the Loan Parties in an amount equal to the Tax liabilities of such Loan Parties then due and owing attributable to such Subsidiary;
(b) each Subsidiary may declare and make dividend payments or other distributions payable solely in the common stock or other common Equity Interests of such Person;
(c) Holdings and each Subsidiary may purchase, redeem or otherwise acquire Equity Interests issued by it with the proceeds received from the substantially concurrent issue of other common Equity Interests;
(d) Holdings may (i) declare or pay cash dividends to its shareholders and (ii) purchase, redeem or otherwise acquire for cash Equity Interests issued by it, so long as both (a) from and after the Restatement Effective Date the aggregate amount of such Restricted Payments (excluding shares retained in a cashless exchange in connection with the vesting or exercise of share based compensation arrangements pursuant to Holdings share-based compensation plans) shall not exceed $233,000,000 in the aggregate and (b) before and immediately after giving pro forma effect to such transaction or series of related transactions (i) no Default shall then exist, (ii) the Consolidated Total Leverage Ratio as at the end of the fiscal quarter of Holdings most recently ended for which financial statements have been delivered pursuant to Section 6.01 shall not exceed a ratio determined by subtracting 0.25 from the first number in the maximum ratio permitted for such fiscal quarter by Section 7.11(b) as set forth in the column titled maximum Consolidated Total Leverage Ratio and (iii) the Loan Parties shall be in compliance with Sections 7.11(a) and 7.11(c) as of the end of the fiscal quarter most recently ended for which financial statements have been delivered pursuant to Section 6.01 ; provided , that simultaneously with the making any such Restricted Payment pursuant to this clause (d) (and without duplication of any other voluntary prepayment of Committed Loans or reduction of the Revolving Credit Commitments elected by any Borrower at any time), (x) the Borrowers shall have permanently reduced the Aggregate Revolving Commitments pursuant to Section 2.06 in a principal amount equal to (A) the amount of such Restricted Payment, multiplied by (B) 2, and (y) to the extent any Revolving Credit Loans must be prepaid in order for such reduction of the Aggregate Revolving Commitments to be permitted by Section 2.06 , the Borrowers shall have voluntarily prepaid the outstanding Revolving Credit Loans pursuant to Section 2.05(a) in an
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amount such that the Total Revolving Outstandings would not exceed the Aggregate Revolving Commitments after giving effect to the reduction of the Aggregate Revolving Commitments required by the foregoing clause (x);
(e) Holdings may purchase, redeem or otherwise acquire for cash Equity Interests issued by it in an aggregate amount not to exceed $1,150,000,000 with the cash proceeds of the 2014 Convertible Notes;
(f) (i) any payment of premium by Holdings to a counterparty under a Permitted Convertible Indebtedness Call Transaction, (ii) any payment in connection with a Permitted Convertible Indebtedness Call Transaction (x) by delivery of shares of Holdings common stock upon net share settlement thereof or (y) by set-off and/or payment of an early termination amount thereunder in common stock upon any early termination thereof and (iii) any payment of cash in lieu of fractional shares thereunder;
(g) Holdings may pay to the holders of the 2014 Convertible Notes interest payable pursuant to the terms thereof;
(h) Holdings may honor any conversion request of a holder of the 2014 Convertible Notes (including any payment of cash in connection with such conversion pursuant to the terms of such 2014 Convertible Notes in an amount not to exceed the principal amount of such 2014 Convertible Notes) and may make cash payments in lieu of fractional shares in connection with any such conversion, in each case on terms no less favorable in any material respect to the Loan Parties or the Lenders than the terms in effect on the Second Amendment Effective Date; and
(i) Holdings may refinance, renew, refund or extend the 2014 Convertible Notes as permitted by Section 7.03(k) , and may pay interest, honor any conversion request (including any payment of cash in connection with such conversion pursuant to the terms of any such refinancing, renewal, refunding or extension of the 2014 Convertible Notes in an amount not to exceed the principal amount of such refinancing, renewal, refunding or extension of the 2014 Convertible Notes) and make cash payments in lieu of fractional shares upon conversion in respect of the notes issued pursuant to any such refinancing, renewal, refunding or extension.
7.07 Change in Nature of Business . Engage in any material line of business substantially different from those lines of business conducted by the Borrowers and their Subsidiaries on the date hereof or any business substantially related or incidental thereto or any reasonable extension thereof.
7.08 Transactions with Affiliates . Enter into any transaction of any kind with any Affiliate of the Borrowers, whether or not in the ordinary course of business, other than on fair and reasonable terms substantially as favorable to such Borrower or such Subsidiary as could reasonably be obtainable by such Borrower or such Subsidiary at the time in a comparable arms length transaction with a Person other than an Affiliate, provided that the foregoing restriction shall not apply to (i) transactions between and among the Borrowers and their Subsidiaries, (ii) Restricted Payments permitted by Section 7.06 , (iii) Dispositions permitted by Section 7.05 , (iv) Investments permitted by Section 7.02 and (v) customary compensation and indemnification may be paid to officers, directors, employees and distributors.
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7.09 Burdensome Agreements . Enter into any Contractual Obligation (other than this Agreement or any other Loan Document) that (a) limits the ability (i) of any Borrower or any Subsidiary thereof to make Restricted Payments to any Borrower or any Guarantor or to otherwise transfer property to any Borrower or any Guarantor, (ii) of any Borrower or any Subsidiary thereof to Guarantee the Indebtedness of any Borrower or (iii) of any Borrower or any Subsidiary thereof that is party to the Security Agreement to create, incur, assume or suffer to exist Liens on property of such Person; provided , however , that this clause (iii) shall not prohibit any negative pledge incurred or provided in favor of any holder of Indebtedness permitted under Section 7.03(f) solely to the extent any such negative pledge relates to the property financed by or the subject of such Indebtedness; or (b) except as contemplated by Section 7.01(q) and (r) , requires the grant of a Lien to secure an obligation of such Person if a Lien is granted to secure another obligation of such Person; provided , that this Section 7.09 shall not prohibit (I) any such limitation or requirement pursuant to the terms of Indebtedness (x) of Foreign Subsidiaries which are not Loan Parties and (y) outstanding under a credit agreement, loan agreement, indenture or other documentation containing terms and provisions that are, in the good faith determination of Holdings, not materially adverse to the interests of the Lenders, in each case so long as such Indebtedness is permitted under Section 7.03 or (II) (a) any Permitted Lien or any document or instrument governing any Permitted Lien, provided that any such restriction contained therein relates only to the asset or assets subject to such Permitted Lien, (b) customary restrictions and conditions contained in any agreement relating to the sale of any property permitted under Section 7.05 pending the consummation of such sale, (c) agreements restricting assignments, subletting or other transfers contained in leases, licenses, joint venture agreements and similar agreements entered into in the ordinary course of business, in each case relating solely to the assets subject to such lease or license or assets relating solely to the such joint venture agreement, (d) contracts entered into in the ordinary course of business restricting the assignment of such contracts, and (e) any such limitations or requirements that are binding on a Person at the time such Person first became a Subsidiary of Holdings, so long as all such limitations and requirements were not entered into in contemplation of such Person becoming a Subsidiary of Holdings, together with any replacement agreement thereof so long as the terms thereof are not materially less favorable to such Subsidiary.
7.10 Use of Proceeds . Use the proceeds of any Credit Extension, whether directly or indirectly, and whether immediately, incidentally or ultimately,
(a) (i) to purchase or carry margin stock (within the meaning of Regulation U of the FRB) or to extend credit to others for the purpose of purchasing or carrying margin stock or to refund indebtedness originally incurred for such purpose or (ii) for any other purpose other than as specified in Section 6.11 ;
(b) knowingly in violation of the Trading With the Enemy Act (50 U.S.C. § 1 et seq., as amended) (the Trading With the Enemy Act ) or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) (the Foreign Assets Control Regulations ) or any enabling legislation or executive order relating thereto (which for the avoidance of doubt shall include, but shall not be limited to
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(i) Executive Order 13224 of September 21, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)) (the Executive Order ) and (ii) the Act). Furthermore, none of the Borrowers or their Subsidiaries (x) shall become a blocked person as described in the Executive Order, the Trading With the Enemy Act or the Foreign Assets Control Regulations or (y) knowingly engages or will engage in any dealings or transactions, or be otherwise associated, with any such blocked person or in any manner violative in any material respects of any such order; or
(c) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in violation of Anti-Corruption Laws.
7.11 Financial Covenants .
(a) Consolidated Coverage Ratio. Permit the Consolidated Coverage Ratio as of the end of any fiscal quarter of Holdings to be less than 4.00 to 1.00.
(b) Consolidated Total Leverage Ratio. Permit the Consolidated Total Leverage Ratio as of the end of any fiscal quarter of Holdings set forth below to be greater than the ratio set forth below opposite such period:
|
Four Fiscal Quarters Ending as of |
Maximum
Consolidated Total Leverage Ratio |
|
|
Each fiscal quarter ended on or prior to December 31, 2013 |
2.50 to 1.00 | |
|
March 31, 2014 |
3.50 to 1.00 | |
|
June 30, 2014 |
3.50 to 1.00 | |
|
September 30, 2014 |
3.50 to 1.00 | |
|
December 31, 2014 |
3.50 to 1.00 | |
|
March 31, 2015 and each fiscal quarter ended thereafter |
3.25 to 1.00 |
(c) Consolidated Cash. Permit the amount of cash and cash equivalents of Holdings and its consolidated Subsidiaries to be less than $200,000,000 in the aggregate at any time.
7.12 Capital Expenditures . Make or become legally obligated to make any expenditure in respect of the purchase or other acquisition of any fixed or capital asset (excluding normal replacements and maintenance which are properly charged to current operations) unless both before and immediately after giving pro forma effect to such expenditure (i) no Default shall then exist and (ii) the Loan Parties shall be in compliance with Section 7.11 as of the most recent fiscal quarter for which financial statements have been delivered pursuant to Section 6.01 .
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7.13 Accounting Changes . Make any material change in accounting policies or reporting practices, except as required or permitted by GAAP.
7.14 Sanctions . Permit any Loan or Letter of Credit or the proceeds of any Loan or Letter of Credit, directly or indirectly, (i) to be lent, contributed or otherwise made available to fund any activity or business in any Designated Jurisdiction; (ii) to fund any activity or business of any Sanctioned Person; or (iii) in any other manner that will result in any violation by any Person (including any Lender, Arranger, Administrative Agent, L/C Issuer or Swing Line Lender) of any Sanctions.
7.15 Prepayments, Etc. of Subordinated Indebtedness . Optionally prepay, redeem, purchase, defease or otherwise satisfy prior to the scheduled maturity thereof in any manner, or make any payment in violation of any subordination terms of, any Indebtedness contractually subordinated in right of payment to the Obligations hereunder; provided, however, that, Holdings and its Subsidiaries may refinance or replace any such Indebtedness to the extent permitted by Section 7.03 hereof and the subordination terms governing such Indebtedness.
7.16 Amendment, Etc. of Organization Documents and Subordinated Indebtedness .
(a) Agree to or permit any material amendment, restatement, supplement or other modification to, or waiver of, any of its Organization Documents without obtaining the prior written consent of the Administrative Agent if such amendment, restatement, supplement or other modification or waiver would be materially adverse to the Lenders; provided that, for the avoidance of doubt, any reincorporation of Holdings permitted by Section 6.05 shall not by itself be regarded as materially adverse to the Lenders.
(b) Amend or otherwise change the terms of any Indebtedness subordinated in right of payment to the Indebtedness hereunder, if such amendment or change would be prohibited by the subordination terms governing such Indebtedness.
ARTICLE VIII.
EVENTS OF DEFAULT AND REMEDIES
8.01 Events of Default . Any of the following shall constitute an Event of Default :
(a) Non-Payment . Any Borrower or any other Loan Party fails to pay in the currency required hereunder (i) when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation, or (ii) within five Business Days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or any other amount payable hereunder or under any other Loan Document; or
(b) Specific Covenants . Any Borrower fails to perform or observe any term, covenant or agreement contained in any of Section 6.02(h) , 6.03(a) , 6.05 (but solely with respect to the continued existence of each Borrower), or 6.11 or Article VII ; or
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(c) Other Defaults . Any Loan Party fails to perform or observe any other covenant or agreement (not specified in subsection (a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for 30 days after the earlier of (i) actual knowledge by any Loan Party or (ii) receipt by Holdings of written notice thereof from the Administrative Agent or Lenders constituting Required Lenders; or
(d) Representations and Warranties . Any representation, warranty, certification or statement of fact made or deemed made by or on behalf of any Borrower or any other Loan Party herein, in any other Loan Document, or in any document required to have been delivered hereby or thereby shall be incorrect or misleading in any material respect when made, confirmed or deemed made (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof); or
(e) Cross-Default . (i) Any Borrower or any Subsidiary thereof (A) fails to make any payment when due (whether by scheduled maturity, required prepayment, acceleration, demand, or otherwise) in respect of any Indebtedness (other than Indebtedness hereunder and Indebtedness under Swap Contracts) having an aggregate principal amount (including undrawn committed or available amounts and including amounts owing to all creditors under any combined or syndicated credit arrangement) of more than the Threshold Amount, or (B) fails to observe or perform any other agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto, or any other event occurs, the effect of which default or other event is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause, with the giving of notice if required, such Indebtedness to be demanded or to become due or to be repurchased, prepaid, defeased or redeemed (automatically or otherwise), or an offer to repurchase, prepay, defease or redeem such Indebtedness to be made, prior to its stated maturity; provided , that this clause (e)(i)(B) shall not apply to secured Indebtedness that becomes due as a result of the voluntary sale or transfer of the assets securing such Indebtedness, if such sale or transfer is permitted hereunder, and, provided further , that, for the avoidance of doubt, this clause (e)(i)(B) shall not apply to any honoring permitted hereunder by Holdings of any conversion request of a holder of the 2014 Convertible Notes or any refinancing, renewal, refunding or extension thereof permitted by Section 7.03(k) ; or (ii) there occurs under any Swap Contract an Early Termination Date (as defined in such Swap Contract) resulting from (A) any event of default under such Swap Contract as to which any Borrower or any Subsidiary thereof is the Defaulting Party (as defined in such Swap Contract) or (B) any Termination Event (as so defined) under such Swap Contract as to which any Borrower or any Subsidiary thereof is an Affected Party (as so defined) and, in the case of either clause (e)(ii)(A) or (e)(ii)(B), (x) the Swap Termination Value owed by such Borrower or such Subsidiary as a result thereof is greater than the Threshold Amount and (y) such Swap Termination Value has not been paid or discharged within 15 days of the incurrence thereof; or
(f) Insolvency Proceedings, Etc. Any Loan Party institutes or consents to the institution of any proceeding under any Debtor Relief Law (including any of the events listed in Section 1.02(d) of this Agreement), or makes an assignment for the benefit of creditors; or applies for or consents to the appointment of any receiver, trustee, custodian, conservator, provisional liquidator, liquidator, rehabilitator or similar officer for it or for all or any material
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part of its property; or any receiver, trustee, custodian, conservator, provisional liquidator, liquidator, rehabilitator or similar officer is appointed without the application or consent of such Person and the appointment continues undischarged or unstayed for 60 calendar days (or 90 calendar days in the case of any Loan Party that is a Foreign Subsidiary); or any proceeding under any Debtor Relief Law relating to any such Person or to all or any material part of its property is instituted without the consent of such Person and continues undismissed or unstayed for 60 calendar days (or 90 calendar days in the case of any Loan Party that is a Foreign Subsidiary), or an order for relief is entered in any such proceeding; or
(g) Inability to Pay Debts; Attachment . (i) Any Loan Party becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
(h) Judgments . There is entered against any Loan Party or any of its Subsidiaries one or more final judgments or orders for the payment of money in an aggregate amount (as to all such judgments or orders then outstanding) exceeding the Threshold Amount (to the extent not covered by independent third-party insurance as to which the insurer does not dispute coverage) and such judgment or order shall not have been vacated, discharged or stayed or bonded pending an appeal for a period of 30 consecutive days; or
(i) ERISA . (i) An ERISA Event occurs with respect to a Pension Plan or Multiemployer Plan which has resulted or could reasonably be expected to result in liability of any Borrower under Title IV of ERISA to the Pension Plan, Multiemployer Plan or the PBGC in an aggregate amount in excess of the Threshold Amount, or (ii) any Borrower or any ERISA Affiliate fails to pay when due, after the expiration of any applicable grace period, any installment payment with respect to its withdrawal liability under Section 4201 of ERISA under a Multiemployer Plan in an aggregate amount in excess of the Threshold Amount; or
(j) Invalidity of Loan Documents . Any material provision of any Loan Document, at any time after its execution and delivery and for any reason other than as expressly permitted hereunder or thereunder or pursuant to satisfaction in full of all the Obligations, ceases to be in full force and effect; or any Loan Party or any other Person contests in writing the validity or enforceability of any material provision of any Loan Document; or any Loan Party denies in writing that it has any or further liability or obligation under any Loan Document, or purports in writing to revoke, terminate or rescind any provision of any Loan Document; or
(k) Change of Control . There occurs any Change of Control (other than any merger, dissolution, liquidation, consolidation with or into another Person by Holdings solely to effect a change in its jurisdiction of organization to the extent permitted by Section 6.05(a)(ii) ); or
(l) Collateral Documents . Any Collateral Document after delivery thereof pursuant to Section 4.01 , 6.13 , 6.14 or 6.15 shall for any reason (other than pursuant to the terms thereof) cease to create a valid and perfected Lien (subject to Liens permitted by Section 7.01 ) on any Collateral purported to be covered thereby having a fair market value in excess of $5,000,000; or
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(m) Subordination and Intercreditor Provisions . (i) The subordination or intercreditor provisions applicable to any Indebtedness of Holdings or any of its Subsidiaries in favor of or for the benefit of the Obligations hereunder (the Intercreditor Provisions ) shall, in whole or in part, terminate, cease to be effective or cease to be legally valid, binding and enforceable against any holder of the applicable Indebtedness in the principal amount in excess of the Threshold Amount for a period in excess of 30 calendar days; or (ii) any Loan Party shall, directly or indirectly, disavow or contest in writing (A) the effectiveness, validity or enforceability of any of the Intercreditor Provisions, (B) that the Intercreditor Provisions exist for the benefit of the Administrative Agent, the Lenders and the L/C Issuer or (C) that all payments of principal of or premium and interest on the applicable Indebtedness, or realized from the liquidation of property of the Persons the subject of the Intercreditor Provisions , shall be subject to any of the Intercreditor Provisions; or
(n) Any Loan Party or any Subsidiary thereof becomes party or subject to a consent decree, agreement, public closing letter imposing explicit restrictions on business operations, administrative or judicial order, final judgment, and/or permanent injunction (a Resolution ), with or by the Federal Trade Commission or any Governmental Authority, where the entering into or effectiveness of such Resolution could reasonably be expected to result in a material adverse change in, or have a Material Adverse Effect upon, the business operations (as currently conducted), assets or financial condition of Holdings and its Subsidiaries taken as a whole, including without limitation as a result of impacts of such Resolution upon revenue or income, marketing claims or practices, distributor compensation practices, or terms or agreements with distributors or other purchasers of the Borrowers and their Subsidiaries products.
8.02 Remedies Upon Event of Default . If any Event of Default occurs and is continuing, the Administrative Agent shall, at the request of, or may, with the consent of, the Required Lenders, take any or all of the following actions:
(a) declare the commitment of each Lender to make Loans and any obligation of the L/C Issuer to make L/C Credit Extensions to be terminated, whereupon such commitments and obligation shall be terminated;
(b) declare the unpaid principal amount of all outstanding Loans, all interest accrued and unpaid thereon, and all other amounts owing or payable hereunder or under any other Loan Document to be immediately due and payable, without presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived by the Borrowers;
(c) require that the Borrowers Cash Collateralize their respective L/C Obligations (in an amount equal to the then Outstanding Amount thereof); and
(d) exercise on behalf of itself, the Lenders and the L/C Issuer all rights and remedies available to it, the Lenders and the L/C Issuer under the Loan Documents;
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provided , however , that upon the occurrence of an actual or deemed entry of an order for relief with respect to any Borrower under the Bankruptcy Code of the United States, the obligation of each Lender to make Loans and any obligation of the L/C Issuer to make L/C Credit Extensions shall automatically terminate, the unpaid principal amount of all outstanding Loans and all interest and other amounts as aforesaid shall automatically become due and payable, and the obligation of the Borrowers to Cash Collateralize their respective L/C Obligations as aforesaid shall automatically become effective, in each case without further act of the Administrative Agent or any Lender.
8.03 Application of Funds . After the exercise of remedies provided for in Section 8.02 (or after the Loans have automatically become immediately due and payable and the L/C Obligations have automatically been required to be Cash Collateralized as set forth in the proviso to Section 8.02 ), any amounts received on account of the Obligations shall, subject to the provisions of Sections 2.13 , 2.17 and 2.18 , be applied by the Administrative Agent in the following order:
First , to payment of that portion of the Obligations constituting fees, indemnities, expenses and other amounts (including fees, charges and disbursements of counsel to the Administrative Agent and amounts payable under Article III ) payable to the Administrative Agent in its capacity as such;
Second , to payment of that portion of the Obligations constituting fees, indemnities and other amounts (other than principal, interest and Letter of Credit Fees) payable to the Lenders and the L/C Issuer (including fees, charges and disbursements of counsel to the respective Lenders and the L/C Issuer (including fees and time charges for attorneys who may be employees of any Lender or the L/C Issuer) and amounts payable under Article III ), ratably among them in proportion to the respective amounts described in this clause Second payable to them;
Third , to payment of that portion of the Obligations constituting accrued and unpaid Letter of Credit Fees and interest on the Loans, L/C Borrowings and other Obligations, ratably among the Lenders and the L/C Issuer in proportion to the respective amounts described in this clause Third payable to them;
Fourth , to payment of that portion of the Obligations constituting unpaid principal of the Loans, L/C Borrowings, to Obligations then owing under Secured Hedge Agreements and Secured Cash Management Agreements and to the Administrative Agent for the account of the L/C Issuer, to Cash Collateralize that portion of L/C Obligations comprised of the aggregate undrawn amount of Letters of Credit, ratably among the Administrative Agent, the Lenders, the L/C Issuer, the Hedge Banks and the Cash Management Banks in proportion to the respective amounts described in this clause Fourth held by them;
Last , the balance, if any, after all of the Obligations have been paid in full, to the Borrowers or as otherwise required by Law.
Subject to Sections 2.03(c) and 2.17, amounts used to Cash Collateralize the aggregate undrawn amount of Letters of Credit pursuant to clause Fourth above shall be applied to satisfy
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drawings under such Letters of Credit as they occur. If any amount remains on deposit as Cash Collateral after all Letters of Credit have either been fully drawn or expired, such remaining amount shall be applied to the other Obligations, if any, in the order set forth above.
Notwithstanding the foregoing, Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements shall be excluded from the application described above if the Administrative Agent has not received written notice thereof, together with such supporting documentation as the Administrative Agent may reasonably request, from the applicable Cash Management Bank or Hedge Bank, as the case may be. Each Cash Management Bank or Hedge Bank not a party to the Credit Agreement that has given the notice contemplated by the preceding sentence shall, by such notice, be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of Article IX hereof for itself and its Affiliates as if a Lender party hereto. Excluded Swap Obligations with respect to any Guarantor shall not be paid with amounts received from such Guarantor or its assets, but appropriate adjustments shall be made with respect to payments from other Loan Parties to preserve the allocation to Obligations otherwise set forth above in this Section.
ARTICLE IX.
ADMINISTRATIVE AGENT
9.01 Appointment and Authority .
(a) Each of the Lenders and the L/C Issuer hereby irrevocably appoints Bank of America to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuer, and no Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term agent herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable Law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
(b) The Administrative Agent shall also act as the collateral agent under the Loan Documents, and each of the Lenders (including in its capacities as a potential Hedge Bank and a potential Cash Management Bank) and the L/C Issuer hereby irrevocably appoints and authorizes the Administrative Agent to act as the agent of such Lender and the L/C Issuer for purposes of acquiring, holding and enforcing any and all Liens on Collateral granted by any of the Loan Parties to secure any of the Obligations, together with such powers and discretion as are reasonably incidental thereto. In this connection, the Administrative Agent, as collateral agent and any co-agents, sub-agents and attorneys-in-fact appointed by the Administrative Agent pursuant to Section 9.05 for purposes of holding or enforcing any Lien on the Collateral (or any portion thereof) granted under the Collateral Documents, or for exercising any rights and remedies thereunder at the direction of the Administrative Agent, shall be entitled to the benefits
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of all provisions of this Article IX and Article XI (including Section 11.04(c) , as though such co-agents, sub-agents and attorneys-in-fact were the collateral agent under the Loan Documents) as if set forth in full herein with respect thereto.
9.02 Rights as a Lender . The Person serving as the Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent and the term Lender or Lenders shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrowers or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
9.03 Exculpatory Provisions . The Administrative Agent shall not have any duties or obligations except those expressly set forth herein and in the other Loan Documents, and its duties hereunder shall be administrative in nature. Without limiting the generality of the foregoing, the Administrative Agent:
(a) shall not be subject to any fiduciary or other implied duties, regardless of whether a Default has occurred and is continuing;
(b) shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated hereby or by the other Loan Documents that the Administrative Agent is required to exercise as directed in writing by the Required Lenders (or such other number or percentage of the Lenders as shall be expressly provided for herein or in the other Loan Documents), provided that the Administrative Agent shall not be required to take any action that, in its opinion or the opinion of its counsel, may expose the Administrative Agent to liability or that is contrary to any Loan Document or applicable law, including for the avoidance of doubt any action that may be in violation of the automatic stay under any Debtor Relief Law or that may effect a forfeiture, modification or termination of property of a Defaulting Lender in violation of any Debtor Relief Law; and
(c) shall not, except as expressly set forth herein and in the other Loan Documents, have any duty to disclose, and shall not be liable for the failure to disclose, any information relating to any of the Borrowers or any of their respective Affiliates that is communicated to or obtained by the Person serving as the Administrative Agent or any of its Affiliates in any capacity.
The Administrative Agent shall not be liable for any action taken or not taken by it (i) with the consent or at the request of the Required Lenders (or such other number or percentage of the Lenders as shall be necessary, or as the Administrative Agent shall believe in good faith shall be necessary, under the circumstances as provided in Sections 10.01 and 8.02 ) or (ii) in the absence of its own gross negligence or willful misconduct as determined by a court of competent jurisdiction by final and nonappealable judgment. The Administrative Agent shall be deemed not to have knowledge of any Default unless and until notice describing such Default is given in writing to the Administrative Agent by a Borrower, a Lender or the L/C Issuer.
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The Administrative Agent shall not be responsible for or have any duty to ascertain or inquire into (i) any statement, warranty or representation made in or in connection with this Agreement or any other Loan Document, (ii) the contents of any certificate, report or other document delivered hereunder or thereunder or in connection herewith or therewith, (iii) the performance or observance of any of the covenants, agreements or other terms or conditions set forth herein or therein or the occurrence of any Default, (iv) the validity, enforceability, effectiveness or genuineness of this Agreement, any other Loan Document or any other agreement, instrument or document, or the creation, perfection or priority of any Lien purported to be created by the Collateral Documents, (v) the value or the sufficiency of any Collateral or (vi) the satisfaction of any condition set forth in Article IV or elsewhere herein, other than to confirm receipt of items expressly required to be delivered to the Administrative Agent.
9.04 Reliance by Administrative Agent . The Administrative Agent shall be entitled to rely upon, and shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing (including any electronic message, Internet or intranet website posting or other distribution) reasonably believed by it to be genuine and to have been signed, sent or otherwise authenticated by the proper Person. The Administrative Agent also may rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper Person, and shall not incur any liability for relying thereon. In determining compliance with any condition hereunder to the making of a Loan, or the issuance, extension, renewal or increase of a Letter of Credit, that by its terms must be fulfilled to the satisfaction of a Lender or the L/C Issuer, the Administrative Agent may presume that such condition is satisfactory to such Lender or the L/C Issuer unless the Administrative Agent shall have received notice to the contrary from such Lender or the L/C Issuer prior to the making of such Loan or the issuance of such Letter of Credit. The Administrative Agent may consult with legal counsel (who may be counsel for Borrowers), independent accountants and other experts reasonably selected by it, and shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.
9.05 Delegation of Duties . The Administrative Agent may perform any and all of its duties and exercise its rights and powers hereunder or under any other Loan Document by or through any one or more sub agents appointed by the Administrative Agent. The Administrative Agent and any such sub agent may perform any and all of its duties and exercise its rights and powers by or through their respective Related Parties. The exculpatory provisions of this Article shall apply to any such sub agent and to the Related Parties of the Administrative Agent and any such sub agent, and shall apply to their respective activities in connection with the syndication of the credit facilities provided for herein as well as activities as Administrative Agent. The Administrative Agent shall not be responsible for the negligence or misconduct of any sub-agents except to the extent that a court of competent jurisdiction determines in a final and nonappealable judgment that the Administrative Agent acted with gross negligence or willful misconduct in the selection of such sub-agents.
9.06 Resignation of Administrative Agent .
(a) The Administrative Agent may at any time give notice of its resignation to the Lenders, the L/C Issuer and the Borrowers. Upon receipt of any such notice of resignation,
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the Required Lenders shall have the right, in consultation with the Borrowers, to appoint a successor, which shall be a bank with an office in the United States, or an Affiliate of any such bank with an office in the United States. If no such successor shall have been so appointed by the Required Lenders and shall have accepted such appointment within 30 days after the retiring Administrative Agent gives notice of its resignation (or such earlier day as shall be agreed by the Required Lenders) (the Resignation Effective Date ), then the retiring Administrative Agent may (but shall not be obligated to) on behalf of the Lenders and the L/C Issuer, appoint a successor Administrative Agent meeting the qualifications set forth above. Whether or not a successor has been appointed, such resignation shall become effective in accordance with such notice on the Resignation Effective Date.
(b) If the Person serving as Administrative Agent is a Defaulting Lender pursuant to clause (d) of the definition thereof, the Required Lenders may, to the extent permitted by applicable law, by notice in writing to the Borrowers and such Person remove such Person as Administrative Agent and, in consultation with the Borrowers, appoint a successor. If no such successor shall have been so appointed by the Required Lenders and shall have accepted such appointment within 30 days (or such earlier day as shall be agreed by the Required Lenders) (the Removal Effective Date), then such removal shall nonetheless become effective in accordance with such notice on the Removal Effective Date.
(c) With effect from the Resignation Effective Date or the Removal Effective Date (as applicable) (1) the retiring or removed Administrative Agent shall be discharged from its duties and obligations hereunder and under the other Loan Documents (except that in the case of any Collateral held by the Administrative Agent on behalf of the Secured Parties under any of the Loan Documents, the retiring or removed Administrative Agent shall continue to hold such Collateral until such time as a successor Administrative Agent is appointed) and (2) except for any indemnity payments or other amounts then owed to the retiring or removed Administrative Agent, all payments, communications and determinations provided to be made by, to or through the Administrative Agent shall instead be made by or to each Lender and the L/C Issuer directly, until such time, if any, as the Required Lenders appoint a successor Administrative Agent as provided for above. Upon the acceptance of a successors appointment as Administrative Agent hereunder, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring (or removed) Administrative Agent (other than as provided in Section 3.07 and other than any rights to indemnity payments or other amounts owed to the retiring or removed Administrative Agent as of the Resignation Effective Date or the Removal Effective Date, as applicable), and the retiring or removed Administrative Agent shall be discharged from all of its duties and obligations hereunder or under the other Loan Documents (if not already discharged therefrom as provided above in this Section). The fees payable by a Borrower to a successor Administrative Agent shall be the same as those payable to its predecessor unless otherwise agreed between such Borrower and such successor. After the retiring or removed Administrative Agents resignation or removal hereunder and under the other Loan Documents, the provisions of this Article and Section 10.04 shall continue in effect for the benefit of such retiring or removed Administrative Agent, its sub-agents and their respective Related Parties in respect of any actions taken or omitted to be taken by any of them while the retiring or removed Administrative Agent was acting as Administrative Agent.
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(d) Any resignation by Bank of America as Administrative Agent pursuant to this Section shall also constitute its resignation as L/C Issuer and Swing Line Lender. If Bank of America resigns as an L/C Issuer, it shall retain all the rights, powers, privileges and duties of the L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as L/C Issuer and all L/C Obligations with respect thereto, including the right to require the Lenders to make Base Rate Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.03(c) . If Bank of America resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Line Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c) . Upon the appointment by the Borrowers of a successor L/C Issuer or Swing Line Lender hereunder (which successor shall in all cases be a Lender other than a Defaulting Lender) and acceptance of such appointment by such successor L/C Issuer or Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer or Swing Line Lender, as applicable, (b) the retiring L/C Issuer and Swing Line Lender shall be discharged from all of their respective duties and obligations hereunder or under the other Loan Documents, and (c) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, outstanding at the time of such succession or make other arrangements satisfactory to Bank of America to effectively assume the obligations of Bank of America with respect to such Letters of Credit.
9.07 Non-Reliance on Administrative Agent and Other Lenders . Each Lender and the L/C Issuer acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender or any of their Related Parties and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Lender and the L/C Issuer also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Lender or any of their Related Parties and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any other Loan Document or any related agreement or any document furnished hereunder or thereunder.
9.08 No Other Duties, Etc. . Anything herein to the contrary notwithstanding, none of the Bookrunners, Arrangers, Documentation Agents or Syndication Agents listed on the cover page hereof shall have any powers, duties or responsibilities under this Agreement or any of the other Loan Documents, except in its capacity, as applicable, as the Administrative Agent, a Lender or the L/C Issuer hereunder.
9.09 Administrative Agent May File Proofs of Claim . In case of the pendency of any proceeding under any Debtor Relief Law or any other judicial proceeding relative to any Loan Party, the Administrative Agent (irrespective of whether the principal of any Loan or L/C Obligation shall then be due and payable as herein expressed or by declaration or otherwise and irrespective of whether the Administrative Agent shall have made any demand on any Borrower) shall be entitled and empowered, by intervention in such proceeding or otherwise
(a) to file and prove a claim for the whole amount of the principal and interest owing and unpaid in respect of the Loans, L/C Obligations and all other Obligations (other than
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Obligations under Secured Hedge Agreements and Secured Cash Management Agreements) that are owing and unpaid and to file such other documents as may be necessary or advisable in order to have the claims of the Lenders, the L/C Issuer and the Administrative Agent (including any claim for the reasonable compensation, expenses, disbursements and advances of the Lenders, the L/C Issuer and the Administrative Agent and their respective agents and counsel and all other amounts due the Lenders, the L/C Issuer and the Administrative Agent under Sections 2.03(h) and (i) , 2.09 and 10.04) allowed in such judicial proceeding; and
(b) to collect and receive any monies or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, provisional liquidator, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Lender and the L/C Issuer to make such payments to the Administrative Agent and, in the event that the Administrative Agent shall consent to the making of such payments directly to the Lenders and the L/C Issuer, to pay to the Administrative Agent any amount due for the reasonable compensation, expenses, disbursements and advances of the Administrative Agent and its agents and counsel, and any other amounts due the Administrative Agent under Sections 2.09 and 10.04 .
Nothing contained herein shall be deemed to authorize the Administrative Agent to authorize or consent to or accept or adopt on behalf of any Lender or the L/C Issuer any plan of reorganization, arrangement, adjustment or composition affecting the Obligations or the rights of any Lender or the L/C Issuer to authorize the Administrative Agent to vote in respect of the claim of any Lender or the L/C Issuer in any such proceeding.
9.10 Collateral and Guaranty Matters . Each of the Lenders (including in its capacities as a potential Cash Management Bank and a potential Hedge Bank) and the L/C Issuer irrevocably authorize the Administrative Agent, at its option and in its discretion,
(a) to release any Lien on any property granted to or held by the Administrative Agent under any Loan Document (i) upon termination of the Aggregate Commitments and payment in full of all Obligations (other than (A) contingent indemnification obligations and (B) obligations and liabilities under Secured Cash Management Agreements and Secured Hedge Agreements as to which arrangements satisfactory to the applicable Cash Management Bank or Hedge Bank shall have been made) and the expiration or termination of all Letters of Credit (other than Letters of Credit as to which other arrangements satisfactory to the Administrative Agent and the L/C Issuer shall have been made) (such time as when all of the foregoing events have occurred, a Discharge of Secured Obligations ), (ii) that is either sold or to be sold as part of or in connection with any sale, or otherwise transferred (pursuant to an Investment or otherwise), in either event pursuant to a transaction permitted hereunder or under any other Loan Document, or (iii) subject to Section 10.01 , if approved, authorized or ratified in writing by the Required Lenders;
(b) to subordinate any Lien on any property granted to or held by the Administrative Agent under any Loan Document to the holder of any Lien on such property that is permitted by Section 7.01(h) or 7.01(k) ; and
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(c) to release any Guarantor from its obligations under its Guaranty if (1) such Person ceases to be a Subsidiary as a result of transaction permitted hereunder or (2) in the case of a Foreign Subsidiary that is a Guarantor hereunder, the Administrative Agent (after consultation with the Borrowers) determines that it would not be commercially reasonable for such Guarantor to remain a Guarantor (taking into account the expense (including taxes), the ability of Borrowers or such Guarantor to obtain any necessary approvals or consents required to be obtained under applicable law (but have not been previously obtained) in connection therewith, and the effectiveness and enforceability thereof under applicable law) or (3) the Guaranties provided by such Guarantor becomes illegal under applicable law and such Guarantor delivers to the Administrative Agent a legal opinion from its counsel to such effect, and no reasonable alternative structure can be devised having substantially the same effect as the issuance of a Guarantee that would not be illegal under applicable law.
Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agents authority to release or subordinate its interest in particular types or items of property, or to release any Guarantor from its obligations under the Guaranty pursuant to this Section 9.10 .
The Administrative Agent shall not be responsible for or have a duty to ascertain or inquire into any representation or warranty regarding the existence, value or collectability of the Collateral, the existence, priority or perfection of the Administrative Agents Lien thereon, or any certificate prepared by any Loan Party in connection therewith, nor shall the Administrative Agent be responsible or liable to the Lenders for any failure to monitor or maintain any portion of the Collateral.
9.11 Secured Cash Management Agreements and Secured Hedge Agreements . No Cash Management Bank or Hedge Bank that obtains the benefits of Section 8.03 , any Guaranty or any Collateral by virtue of the provisions hereof or of any Guaranty or any Collateral Document shall have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Collateral (including the release or impairment of any Collateral) other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Loan Documents. Notwithstanding any other provision of this Article IX to the contrary, the Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements unless the Administrative Agent has received written notice of such Obligations, together with such supporting documentation as the Administrative Agent may reasonably request, from the applicable Cash Management Bank or Hedge Bank, as the case may be. The Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements upon the occurrence of the events described in Section 9.10(a)(i) .
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ARTICLE X.
MISCELLANEOUS
10.01 Amendments, Etc. . No amendment or waiver of any provision of this Agreement or any other Loan Document, and no consent to any departure by any Loan Party therefrom, shall be effective unless in writing signed by the Required Lenders and the applicable Loan Party, as the case may be, and acknowledged by the Administrative Agent, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such amendment, waiver or consent shall:
(a) waive any condition set forth in Section 4.01(a) without the written consent of each Lender;
(b) extend or increase the Commitment of any Lender (or reinstate any Commitment terminated pursuant to Section 8.02 ) without the written consent of such Lender;
(c) postpone any date fixed by this Agreement or any other Loan Document for any payment of principal, interest, fees or other amounts due to the Lenders (or any of them) hereunder or under any other Loan Document without the written consent of each Lender directly affected thereby;
(d) reduce the principal of, or the rate of interest specified herein on, any Loan or L/C Borrowing, or (subject to clause (iv) of the second proviso to this Section 10.01 ) any fees or other amounts payable hereunder or under any other Loan Document; provided , however , that only the consent of the Required Lenders shall be necessary (i) to amend the definition of Default Rate or to waive any obligation of any Borrower to pay interest or Letter of Credit Fees at the Default Rate or (ii) to amend any financial covenant hereunder (or any defined term used therein) even if the effect of such amendment would be to reduce the rate of interest on any Loan or L/C Borrowing or to reduce any fee payable hereunder;
(e) change Section 8.03 in a manner that would alter the pro rata sharing of payments required thereby without the written consent of each Lender;
(f) amend Section 1.06 or the definition of Alternative Currency without the written consent of each Lender;
(g) change any provision of this Section or the definition of Required Lenders or any other provision hereof specifying the number or percentage of Lenders required to amend, waive or otherwise modify any rights hereunder or make any determination or grant any consent hereunder without the written consent of each Lender;
(h) release all or substantially all of the Collateral in any transaction or series of related transactions, without the written consent of each Lender; or
(i) release any Borrower from any Guaranty or all or substantially all of the value of the Guaranties without the written consent of each Lender, except to the extent the release of any Guarantor is permitted pursuant to Section 9.10 (in which case such release may be made by the Administrative Agent acting alone);
and, provided further , that (i) no amendment, waiver or consent shall, unless in writing and signed by the L/C Issuer in addition to the Lenders required above, affect the rights or duties of
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the L/C Issuer under this Agreement or any Issuer Document relating to any Letter of Credit issued or to be issued by it; (ii) no amendment, waiver or consent shall, unless in writing and signed by the Swing Line Lender in addition to the Lenders required above, affect the rights or duties of the Swing Line Lender under this Agreement; (iii) no amendment, waiver or consent shall, unless in writing and signed by the Administrative Agent in addition to the Lenders required above, affect the rights or duties of the Administrative Agent under this Agreement or any other Loan Document; and (iv) the Fee Letter may be amended, or rights or privileges thereunder waived, in a writing executed only by the parties thereto. Notwithstanding anything to the contrary herein, no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent hereunder (and any amendment, waiver or consent which by its terms requires the consent of all Lenders or each affected Lender may be effected with the consent of the applicable Lenders other than Defaulting Lenders), except that (x) the Commitment of any Defaulting Lender may not be increased or extended, and the stated maturity date of any Loan made by any Defaulting Lender may not be extended, without the consent of such Lender and (y) any waiver, amendment or modification requiring the consent of all Lenders or each affected Lender that by its terms affects any Defaulting Lender more adversely than other affected Lenders shall require the consent of such Defaulting Lender.
If any Lender does not consent to a proposed amendment, waiver, consent or release with respect to any Loan Document that requires the consent of each Lender and that has been approved by the Required Lenders, the Borrowers may replace such non-consenting Lender in accordance with Section 10.13 .
10.02 Notices; Effectiveness; Electronic Communication . (a) Notices Generally . Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows:
(i) if to a Borrower or any other Loan Party, the Administrative Agent, the L/C Issuer or the Swing Line Lender, to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 10.02 ( provided that any notice delivered to the Company shall be deemed to have been delivered to each Borrower and each other Loan Party); and
(ii) if to any other Lender, to the address, telecopier number, electronic mail address or telephone number specified in its Administrative Questionnaire (including, as appropriate, notices delivered solely to the Person designated by a Lender on its Administrative Questionnaire then in effect for the delivery of notices that may contain material non-public information relating to the Borrowers).
Notices and other communications sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices and other communications sent by telecopier shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at
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the opening of business on the next Business Day for the recipient). Notices and other communications delivered through electronic communications to the extent provided in subsection (b) below, shall be effective as provided in such subsection (b).
(b) Electronic Communications . Notices and other communications to the Lenders and the L/C Issuer hereunder may be delivered or furnished by electronic communication (including e mail and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent, provided that the foregoing shall not apply to notices to any Lender or the L/C Issuer pursuant to Article II if such Lender or the L/C Issuer, as applicable, has notified the Administrative Agent that it is incapable of receiving notices under such Article by electronic communication. The Administrative Agent, the Swing Line Lender, the L/C Issuer or any Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications.
Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the senders receipt of an acknowledgement from the intended recipient (such as by the return receipt requested function, as available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii), if such notice, email or other communication is not sent during the normal business hours of the recipient, such notice, email or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient.
(c) The Platform . THE PLATFORM IS PROVIDED AS IS AND AS AVAILABLE. THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall the Administrative Agent or any of its Related Parties (collectively, the Agent Parties ) have any liability to any Borrower, any Lender, the L/C Issuer or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of any Borrowers or the Administrative Agents transmission of Borrower Materials through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided , however , that in no event shall any Agent Party have any liability to any Borrower, any Lender, the L/C Issuer or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages).
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(d) Change of Address , Etc. Each of the Borrowers, the Administrative Agent, the L/C Issuer and the Swing Line Lender may change its address, telecopier or telephone number for notices and other communications hereunder by notice to the other parties hereto. Each other Lender may change its address, telecopier or telephone number for notices and other communications hereunder by notice to the Borrowers, the Administrative Agent, the L/C Issuer and the Swing Line Lender. In addition, each Lender agrees to notify the Administrative Agent from time to time to ensure that the Administrative Agent has on record (i) an effective address, contact name, telephone number, telecopier number and electronic mail address to which notices and other communications may be sent and (ii) accurate wire instructions for such Lender. Furthermore, each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the Private Side Information or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lenders compliance procedures and applicable Law, including United States Federal and state securities Laws, to make reference to Borrower Materials that are not made available through the Public Side Information portion of the Platform and that may contain material non-public information with respect to any Borrower or its securities for purposes of United States Federal or state securities Laws.
(e) Reliance by Administrative Agent, L/C Issuer and Lenders . The Administrative Agent, the L/C Issuer and the Lenders shall be entitled to rely and act upon any notices (including, without limitation, telephonic or electronic notices, Committed Loan Notices and Swing Line Loan Notices) purportedly given by or on behalf of any Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrowers shall indemnify the Administrative Agent, the L/C Issuer, each Lender and the Related Parties of each of them from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of any Borrower. All telephonic notices to and other telephonic communications with the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording.
10.03 No Waiver; Cumulative Remedies; Enforcement . No failure by any Lender or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided and provided under each other Loan Document are cumulative and not exclusive of any rights, remedies, powers and privileges provided by Law.
Notwithstanding anything to the contrary contained herein or in any other Loan Document, the authority to enforce rights and remedies hereunder and under the other Loan Documents against the Loan Parties or any of them shall be vested exclusively in, and all actions and proceedings at law in connection with such enforcement shall be instituted and maintained
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exclusively by, the Administrative Agent in accordance with Section 8.02 for the benefit of all the Lenders and the L/C Issuer; provided , however , that the foregoing shall not prohibit (a) the Administrative Agent from exercising on its own behalf the rights and remedies that inure to its benefit (solely in its capacity as Administrative Agent) hereunder and under the other Loan Documents, (b) the L/C Issuer or the Swing Line Lender from exercising the rights and remedies that inure to its benefit (solely in its capacity as L/C Issuer or Swing Line Lender, as the case may be) hereunder and under the other Loan Documents, (c) any Lender from exercising setoff rights in accordance with Section 10.08 (subject to the terms of Section 2.13 ), or (d) any Lender from filing proofs of claim or appearing and filing pleadings on its own behalf during the pendency of a proceeding relative to any Loan Party under any Debtor Relief Law; and provided, further, that if at any time there is no Person acting as Administrative Agent hereunder and under the other Loan Documents, then (i) the Required Lenders shall have the rights otherwise ascribed to the Administrative Agent pursuant to Section 8.02 and (ii) in addition to the matters set forth in clauses (b), (c) and (d) of the preceding proviso and subject to Section 2.13 , any Lender may, with the consent of the Required Lenders, enforce any rights and remedies available to it and as authorized by the Required Lenders.
10.04 Expenses; Indemnity; Damage Waiver . (a) Costs and Expenses . The Borrowers shall pay (i) all reasonable and documented out of pocket expenses incurred by the Administrative Agent and its Affiliates (including the reasonable fees, charges and disbursements of counsel for the Administrative Agent), in connection with the syndication of the credit facilities provided for herein, the preparation, negotiation, execution, delivery and administration of this Agreement and the other Loan Documents or any amendments, modifications or waivers of the provisions hereof or thereof (whether or not the transactions contemplated hereby or thereby shall be consummated), (ii) all reasonable and documented out of pocket expenses incurred by the L/C Issuer in connection with the issuance, amendment, renewal or extension of any Letter of Credit or any demand for payment thereunder and (iii) all reasonable and documented out of pocket expenses incurred by the Administrative Agent, any Lender or the L/C Issuer (including the fees, charges and disbursements of any counsel for the Administrative Agent, any Lender or the L/C Issuer), and shall pay all fees and time charges for attorneys who may be employees of the Administrative Agent, any Lender or the L/C Issuer, in connection with the enforcement or protection of its rights (A) in connection with this Agreement and the other Loan Documents, including its rights under this Section, or (B) in connection with the Loans made or Letters of Credit issued hereunder, including all such out of pocket expenses incurred during any workout, restructuring or negotiations in respect of such Loans or Letters of Credit. Notwithstanding anything in this Section to the contrary, no Excluded U.S. Guarantor shall be liable for the reimbursement obligations of any Loan Party that is a U.S. Person as defined in the Code, either (x) directly or (y) indirectly by virtue of guaranteeing the Obligations of any Borrower that is not a U.S. Person which has itself guaranteed the Obligations of a U.S. Loan Party (but, for the avoidance of doubt, any Excluded U.S. Guarantor that has guaranteed the Obligations of any Loan Party that is not a U.S. Person shall be liable for all Obligations of such Loan Party pursuant to any such guarantee other than such Loan Partys obligations under any guarantee of the Obligations of a U.S. Person).
(b) Indemnification by the Borrowers . The Borrowers shall, jointly and severally, indemnify the Administrative Agent (and any sub-agent thereof), each Lender and the L/C Issuer, and each Related Party of any of the foregoing Persons (each such Person being
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called an Indemnitee ) against, and hold each Indemnitee harmless from, any and all losses, claims, damages, liabilities and related expenses (including the fees, charges and disbursements of any counsel for any Indemnitee), and shall indemnify and hold harmless each Indemnitee from all fees and time charges and disbursements for attorneys who may be employees of any Indemnitee, incurred by any Indemnitee or asserted against any Indemnitee by any third party or by any Borrower or any other Loan Party arising out of, in connection with, or as a result of (i) the execution or delivery of this Agreement, any other Loan Document or any agreement or instrument contemplated hereby or thereby, the performance by the parties hereto of their respective obligations hereunder or thereunder, the consummation of the transactions contemplated hereby or thereby, or, in the case of the Administrative Agent (and any sub-agent thereof) and its Related Parties only, the administration of this Agreement and the other Loan Documents (including in respect of any matters addressed in Section 3.01 ), (ii) any Loan or Letter of Credit or the use or proposed use of the proceeds therefrom (including any refusal by the L/C Issuer to honor a demand for payment under a Letter of Credit if the documents presented in connection with such demand do not strictly comply with the terms of such Letter of Credit), (iii) any actual or alleged presence or release of Hazardous Materials on or from any property owned or operated by any Borrower or any of its Subsidiaries, or any Environmental Liability related in any way to any Borrower or any of its Subsidiaries, or (iv) any actual or prospective claim, litigation, investigation or proceeding relating to any of the foregoing, whether based on contract, tort or any other theory, whether brought by a third party or by any Loan Party, and regardless of whether any Indemnitee is a party thereto, IN ALL CASES, WHETHER OR NOT CAUSED BY OR ARISING, IN WHOLE OR IN PART, OUT OF THE COMPARATIVE, CONTRIBUTORY OR SOLE NEGLIGENCE OF THE INDEMNITEE; provided that such indemnity shall not, as to any Indemnitee, be available to the extent that such losses, claims, damages, liabilities or related expenses (x) are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Indemnitee or (y) result from a claim brought by any Loan Party against an Indemnitee for breach in bad faith of such Indemnitees obligations hereunder or under any other Loan Document, if such Loan Party has obtained a final and nonappealable judgment in its favor on such claim as determined by a court of competent jurisdiction. Notwithstanding anything in this Section to the contrary, no Excluded U.S. Guarantor shall be liable for the indemnification obligations of any Loan Party that is a U.S. Person as defined in the Code, either (A) directly or (B) indirectly by virtue of indemnifying the Obligations of any Borrower that is not a U.S. Person which has itself guaranteed the Obligations of a U.S. Loan Party (but, for the avoidance of doubt, any Excluded U.S. Guarantor that has guaranteed the Obligations of any Loan Party that is not a U.S. Person shall be liable for all Obligations of such Loan Party pursuant to any such guarantee other than such Loan Partys obligations under any guarantee of the Obligations of a U.S. Person). This Section 10.04(b) shall not apply with respect to Taxes other than any Taxes that represent losses, claims, damages, etc. arising from any non-Tax claim.
(c) Reimbursement by Lenders . To the extent that the Borrowers for any reason fail to indefeasibly pay any amount required under subsection (a) or (b) of this Section to be paid by it to the Administrative Agent (or any sub-agent thereof), the L/C Issuer, the Swing Line Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), the L/C Issuer, the Swing Line Lender or such Related Party, as the case may be, such Lenders pro rata share (determined as of the time that
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the applicable unreimbursed expense or indemnity payment is sought based on each Lenders share of the Aggregate Commitments at such time) of such unpaid amount (including any such unpaid amount in respect of a claim asserted by such Lender), such payment to be made severally among them based on such Lenders Applicable Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Administrative Agent (or any such sub-agent), the L/C Issuer or the Swing Line Lender in its capacity as such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), the L/C Issuer or the Swing Line Lender in connection with such capacity. The obligations of the Lenders under this subsection (c) are subject to the provisions of Section 2.12(d) .
(d) Waiver of Consequential Damages, Etc . To the fullest extent permitted by applicable Law, no Borrower or any other Loan Party shall assert, and hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.
(e) Payments . All amounts due under this Section shall be payable not later than ten Business Days after demand therefor.
(f) Survival . The agreements in this Section and the indemnity provisions of Section 10.02(e) shall survive the resignation of the Administrative Agent, the L/C Issuer and the Swing Line Lender, the replacement of any Lender, the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all the other Obligations.
10.05 Payments Set Aside . To the extent that any payment by or on behalf of any Borrower is made to the Administrative Agent, the L/C Issuer or any Lender, or the Administrative Agent, the L/C Issuer or any Lender exercises its right of setoff, and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by the Administrative Agent, the L/C Issuer or such Lender in its discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Law or otherwise, then (a) to the extent of such recovery, the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such setoff had not occurred, and (b) each Lender and the L/C Issuer severally agrees to pay to the Administrative Agent upon demand its applicable
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share (without duplication) of any amount so recovered from or repaid by the Administrative Agent, plus interest thereon from the date of such demand to the date such payment is made at a rate per annum equal to the applicable Overnight Rate from time to time in effect, in the applicable currency of such recovery or payment. The obligations of the Lenders and the L/C Issuer under clause (b) of the preceding sentence shall survive the payment in full of the Obligations and the termination of this Agreement.
10.06 Successors and Assigns . (a) Successors and Assigns Generally . The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that no Borrower may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section, or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (e) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section, the Indemnitees, and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, the L/C Issuer and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.
(b) Assignments by Lenders . Any Lender may at any time assign to one or more assignees all or a portion of its rights and obligations under this Agreement (including all or a portion of its Commitment and the Loans (including for purposes of this subsection (b), participations in L/C Obligations and in Swing Line Loans) at the time owing to it under either Facility); provided that any such assignment shall be subject to the following conditions:
(i) Minimum Amounts .
(A) in the case of an assignment of the entire remaining amount of the assigning Lenders Commitment and the Loans at the time owing to it under either Facility or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund, no minimum amount need be assigned; and
(B) in any case not described in subsection (b)(i)(A) of this Section, the aggregate amount of the Commitment (which for this purpose includes Loans outstanding thereunder) under a Facility or, if the relevant Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent or, if Trade Date is specified in the Assignment and Assumption, as of the Trade Date, shall not be less than $5,000,000, unless each of the Administrative Agent and, so long as no Event of Default has occurred and is continuing, the Borrowers otherwise consent (each such consent not to be unreasonably withheld or delayed); provided , however , that concurrent
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assignments to members of an Assignee Group and concurrent assignments from members of an Assignee Group to a single Eligible Assignee (or to an Eligible Assignee and members of its Assignee Group) will be treated as a single assignment for purposes of determining whether such minimum amount has been met.
(ii) Proportionate Amounts . Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lenders rights and obligations under this Agreement with respect to the Loans or the Commitment assigned, except that this clause (ii) shall not apply to the Swing Line Lenders rights and obligations in respect of Swing Line Loans;
(iii) Required Consents . No consent shall be required for any assignment except to the extent required by subsection (b)(i) (B) of this Section and, in addition:
(A) the consent of Holdings (such consent not to be unreasonably withheld or delayed) shall be required unless (1) an Event of Default has occurred and is continuing at the time of such assignment or (2) such assignment is to a Lender, an Affiliate of a Lender or an Approved Fund; provided that Holdings shall be deemed to have consented to any such assignment unless it shall object thereto by written notice to the Administrative Agent within ten (10) Business Days after having received notice thereof;
(B) the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed) shall be required for assignments in respect of (1) any Revolving Credit Commitment if such assignment is to a Person that is not Lender with a Commitment in respect of the applicable Facility, an Affiliate of such Lender or an Approved Fund with respect to such Lender or (2) any Loan to a Person that is not a Lender, an Affiliate of a Lender or an Approved Fund;
(C) the consent of the L/C Issuer (such consent not to be unreasonably withheld or delayed) shall be required for any assignment that increases the obligation of the assignee to participate in exposure under one or more Letters of Credit (whether or not then outstanding); and
(D) the consent of the Swing Line Lender (such consent not to be unreasonably withheld or delayed) shall be required for any assignment in respect of the Revolving Credit Facility.
(iv) Assignment and Assumption . The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee in the amount of $3,500; provided , however , that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. The assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.
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(v) No Assignment to Borrowers and Certain Persons . No such assignment shall be made (A) to any Borrower or any of the Borrowers respective Affiliates or Subsidiaries, (B) to any Defaulting Lender or any of its Subsidiaries, or any Person who, upon becoming a Lender hereunder, would constitute any of the foregoing Persons described in this clause (A), or (C) to a natural person.
(vi) Certain Additional Payments . In connection with any assignment of rights and obligations of any Defaulting Lender hereunder, no such assignment shall be effective unless and until, in addition to the other conditions thereto set forth herein, the parties to the assignment shall make such additional payments to the Administrative Agent in an aggregate amount sufficient, upon distribution thereof as appropriate (which may be outright payment, purchases by the assignee of participations or subparticipations, or other compensating actions, including funding, with the consent of the Borrowers and the Administrative Agent, the applicable pro rata share of Loans previously requested but not funded by the Defaulting Lender, to each of which the applicable assignee and assignor hereby irrevocably consent), to (x) pay and satisfy in full all payment liabilities then owed by such Defaulting Lender to the Administrative Agent, the L/C Issuer or any Lender hereunder (and interest accrued thereon) and (y) acquire (and fund as appropriate) its full pro rata share of all Loans and participations in Letters of Credit and Swing Line Loans in accordance with its Applicable Percentage. Notwithstanding the foregoing, in the event that any assignment of rights and obligations of any Defaulting Lender hereunder shall become effective under applicable Law without compliance with the provisions of this paragraph, then the assignee of such interest shall be deemed to be a Defaulting Lender for all purposes of this Agreement until such compliance occurs.
Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lenders rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01 , 3.04 , 3.05 , and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment; provided that except to the extent otherwise expressly agreed by the affected parties, no assignment by a Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from that Lenders having been a Defaulting Lender. Upon request, each Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.
In the case of any assignment, transfer or novation by a Lender to a new Lender, or any participation by such Lender in favor of a Participant, of all or any part of such Lenders rights
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and obligations under this Agreement or any of the other Loan Documents, such Lender and the new Lender or Participant (as applicable) and each of the Luxembourg Loan Parties hereby agrees that, for the purposes of Article 1278 and/or Article 1281 of the Luxembourg Civil Code (to the extent applicable), any assignment, amendment, transfer and/or novation of any kind permitted under, and made in accordance with the provisions of, this Agreement or any agreement referred to herein to which any Luxembourg Loan Party is a party (including any Collateral Document), any security created or guarantee given under or in connection with this Agreement or any other Loan Document shall be preserved and shall continue in full force and effect for the benefit of such new Lender or Participant (as applicable).
(c) Register . The Administrative Agent, acting solely for this purpose as an agent of the Borrowers (and such agency being solely for tax purposes), shall maintain at the Administrative Agents Office a copy of each Assignment and Assumption delivered to it (or the equivalent thereof in electronic form) and a register for the recordation of the names and addresses of the Lenders, and the Commitments of, and principal amounts (and stated interest) of the Loans and L/C Obligations owing to, each Lender pursuant to the terms hereof from time to time (the Register ). The entries in the Register shall be conclusive, and the Borrowers, the Administrative Agent and the Lenders may treat each Person whose name is recorded in the Register pursuant to the terms hereof as a Lender hereunder for all purposes of this Agreement, notwithstanding notice to the contrary. In addition, the Administrative Agent shall maintain on the Register information regarding the designation, and revocation of designation, of any Lender as a Defaulting Lender. The Register shall be available for inspection by the Borrowers and any Lender, at any reasonable time and from time to time upon reasonable prior notice.
(d) Participations . Any Lender may at any time, without the consent of, or notice to, any Borrower or the Administrative Agent, sell participations to any Person (other than a natural person, Defaulting Lender or a Borrower or any of the Borrowers Affiliates or Subsidiaries) (each, a Participant ) in all or a portion of such Lenders rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lenders participations in L/C Obligations and/or Swing Line Loans) owing to it under either Facility); provided that (i) such Lenders obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrowers, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lenders rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 10.04(c) without regard to the existence of any participation.
Any agreement or instrument pursuant to which a Lender sells such a participation shall provide that such Lender shall retain the sole right to enforce this Agreement and to approve any amendment, modification or waiver of any provision of this Agreement; provided that such agreement or instrument may provide that such Lender will not, without the consent of the Participant, agree to any amendment, waiver or other modification described in the first proviso to Section 10.01 that affects such Participant. Each Borrower agrees that each Participant shall be entitled to the benefits of Sections 3.01 , 3.04 and 3.05 to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to subsection (b) of this Section (it being understood that the documentation required under Section 3.01(e) shall be delivered to the
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Lender who sells the participation); provided that such Participant (A) agrees to be subject to the provisions of Sections 3.06 and 10.13 as if it were an assignee under paragraph (b) of this Section and (B) shall not be entitled to receive any greater payment under Sections 3.01 or 3.04 , with respect to any participation, than the Lender from whom it acquired the applicable participation would have been entitled to receive, except to the extent such entitlement to receive a greater payment results from a Change in Law that occurs after the Participant acquired the applicable participation. Each Lender that sells a participation agrees, at the Companys request and expense, to use reasonable efforts to cooperate with the Company to effectuate the provisions of Section 3.06 with respect to any Participant. To the extent permitted by law, each Participant also shall be entitled to the benefits of Section 10.08 as though it were a Lender, provided such Participant agrees to be subject to Section 2.13 as though it were a Lender.
Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary agent of the applicable Borrower solely for purposes of applicable United States federal income tax law and Treasury regulations promulgated thereunder, shall maintain a book entry register (as further described in the foregoing Treasury regulations) on which it records the name and address of the applicable Participant and the principal amounts (and stated interest) of such Participants interest in the Loans or other obligations under the Loan Documents (the Participant Register ); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participants interest in any commitments, loans, letters of credit or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit or other obligation is in registered form under Section 5f.103-1(c) of the United States Treasury Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement, notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.
(e) Certain Pledges . Any Lender may at any time pledge or assign a security interest in all or any portion of its rights under this Agreement (including under its Note(s), if any) to secure obligations of such Lender, including any pledge or assignment to secure obligations to a Federal Reserve Bank or any central bank; provided that no such pledge or assignment shall release such Lender from any of its obligations hereunder or substitute any such pledgee or assignee for such Lender as a party hereto.
(f) Resignation as L/C Issuer or Swing Line Lender after Assignment . Notwithstanding anything to the contrary contained herein, if at any time Bank of America assigns all of its Commitments and Loans pursuant to subsection (b) above, Bank of America may, (i) upon 30 days notice to the Borrowers and the Lenders, resign as L/C Issuer and/or (ii) upon 30 days notice to the Borrowers, resign as Swing Line Lender. In the event of any such resignation as L/C Issuer or Swing Line Lender, the Borrowers shall be entitled to appoint from among the Lenders a successor L/C Issuer or Swing Line Lender hereunder; provided , however , that no failure by the Borrowers to appoint any such successor shall affect the resignation of Bank of America as L/C Issuer or Swing Line Lender, as the case may be. If Bank of America resigns as L/C Issuer, it shall retain all the rights, powers, privileges and duties of the L/C Issuer
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hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Committed Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.03(c) ). If Bank of America resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Line Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Committed Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c) . Upon the appointment of a successor L/C Issuer and/or Swing Line Lender and acceptance of such appointment by such successor L/C Issuer or Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer or Swing Line Lender, as the case may be, and (b) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, outstanding at the time of such succession or make other arrangements satisfactory to Bank of America to effectively assume the obligations of Bank of America with respect to such Letters of Credit.
10.07 Treatment of Certain Information; Confidentiality . Each of the Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) or in connection with any pledge or assignment permitted under Section 10.06 , (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to any of the Borrowers and their obligations, this Agreement or payments hereunder, (g) with the consent of the Borrowers, (h) to the extent such Information (x) was or becomes publicly available other than as a result of a breach of this Section by such Lender, (y) was or becomes available to the Administrative Agent, any Lender, the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrowers or (z) was independently developed by the Administrative Agent, such Lender or the L/C Issuer, or (i) on a confidential basis to (i) any rating agency in connection with rating Holdings or its Subsidiaries or the credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the credit facilities provided hereunder.
For purposes of this Section, Information means all information received from the Borrowers or any Subsidiary relating to the Borrowers or any Subsidiary or any of their respective businesses, other than any such information that is available to the Administrative
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Agent, any Lender or the L/C Issuer on a nonconfidential basis prior to disclosure by the Borrowers or any Subsidiary. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.
Each of the Administrative Agent, the Lenders and the L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Borrowers or a Subsidiary thereof, as the case may be and (b) it has developed compliance procedures regarding the use of material non-public information.
10.08 Right of Setoff . If an Event of Default shall have occurred and be continuing, each Lender, the L/C Issuer and each of their respective Affiliates is hereby authorized at any time and from time to time, after obtaining the prior written consent of the Administrative Agent, to the fullest extent permitted by applicable Law, to set off and apply any and all deposits (general or special, time or demand, provisional or final, in whatever currency) at any time held and other obligations (in whatever currency) at any time owing by such Lender, the L/C Issuer or any such Affiliate to or for the credit or the account of any Borrower or any other Loan Party against any and all of the obligations of such Borrower or such Loan Party now or hereafter existing under this Agreement or any other Loan Document to such Lender or the L/C Issuer or their respective Affiliates, irrespective of whether or not such Lender, the L/C Issuer or such Affiliate shall have made any demand under this Agreement or any other Loan Document and although such obligations of such Borrower or such Loan Party may be contingent or unmatured or are owed to a branch, office or Affiliate of such Lender or the L/C Issuer different from the branch, office or Affiliate holding such deposit or obligated on such indebtedness; provided , that in the event that any Defaulting Lender shall exercise any such right of setoff, (x) all amounts so set off shall be paid over immediately to the Administrative Agent for further application in accordance with the provisions of Section 2.18 and, pending such payment, shall be segregated by such Defaulting Lender from its other funds and deemed held in trust for the benefit of the Administrative Agent, the L/C Issuer and the Lenders, and (y) the Defaulting Lender shall provide promptly to the Administrative Agent a statement describing in reasonable detail the Obligations owing to such Defaulting Lender as to which it exercised such right of setoff. The rights of each Lender, the L/C Issuer and their respective Affiliates under this Section are in addition to other rights and remedies (including other rights of setoff) that such Lender, the L/C Issuer or their respective Affiliates may have. Each Lender and the L/C Issuer agrees to notify the Borrowers and the Administrative Agent promptly after any such setoff and application, provided that the failure to give such notice shall not affect the validity of such setoff and application.
10.09 Interest Rate Limitation . Notwithstanding anything to the contrary contained in any Loan Document, the interest paid or agreed to be paid under the Loan Documents shall not exceed the maximum rate of non-usurious interest permitted by applicable Law (the Maximum Rate ). If the Administrative Agent or any Lender shall receive interest in an amount that exceeds the Maximum Rate, the excess interest shall be applied to the principal of the Loans or, if it exceeds such unpaid principal, refunded to the applicable Borrower. In determining whether the interest contracted for, charged, or received by the Administrative Agent or a Lender exceeds the Maximum Rate, such Person may, to the extent permitted by applicable Law, (a) characterize
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any payment that is not principal as an expense, fee, or premium rather than interest, (b) exclude voluntary prepayments and the effects thereof, and (c) amortize, prorate, allocate, and spread in equal or unequal parts the total amount of interest throughout the contemplated term of the Obligations hereunder.
10.10 Counterparts; Integration; Effectiveness . This Agreement may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and the other Loan Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01 , this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement or any other Loan Document, or any certificate delivered thereunder, by fax transmission or e-mail transmission (e.g. pdf or tif) shall be effective as delivery of a manually executed counterpart of this Agreement or such other Loan Document or certificate. Without limiting the foregoing, to the extent a manually executed counterpart is not specifically required to be delivered under the terms of any Loan Document, upon the request of any party, such fax transmission or e-mail transmission shall be promptly followed by such manually executed counterpart.
10.11 Survival of Representations and Warranties . All representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by the Administrative Agent and each Lender, regardless of any investigation made by the Administrative Agent or any Lender or on their behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default at the time of any Credit Extension, and shall continue in full force and effect as long as any Loan or any other Obligation hereunder shall remain unpaid or unsatisfied or any Letter of Credit shall remain outstanding.
10.12 Severability . If any provision of this Agreement or the other Loan Documents is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Agreement and the other Loan Documents shall not be affected or impaired thereby and (b) the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid or unenforceable provisions. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without limiting the foregoing provisions of this Section 10.12 , if and to the extent that the enforceability of any provisions in this Agreement relating to Defaulting Lenders shall be limited by Debtor Relief Laws, as determined in good faith by the Administrative Agent, the L/C Issuer or the Swing Line Lender, as applicable, then such provisions shall be deemed to be in effect only to the extent not so limited.
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10.13 Replacement of Lenders . If the Borrowers are entitled to replace a Lender pursuant to the provisions of Section 3.06 , if any Lender is a Defaulting Lender or a Non-Consenting Lender or if any other circumstance exists hereunder that gives the Borrowers the right to replace a Lender as a party hereto, then the Borrowers may, at their sole expense and effort, upon notice to such Lender and the Administrative Agent, require such Lender to assign and delegate, without recourse (in accordance with and subject to the restrictions contained in, and consents required by, Section 10.06 ), all of its interests, rights (other than its existing rights to payments pursuant to Sections 3.01 and 3.04 ) and obligations under this Agreement and the related Loan Documents to an Eligible Assignee that shall assume such obligations (which assignee may be another Lender, if a Lender accepts such assignment), provided that:
(a) the Borrowers shall have paid (or caused a Designated Borrower to pay) to the Administrative Agent the assignment fee specified in Section 10.06(b) ;
(b) such Lender shall have received payment of an amount equal to the outstanding principal of its Loans and L/C Advances, accrued interest thereon, accrued fees and all other amounts payable to it hereunder and under the other Loan Documents (including any amounts under Section 3.05 ) from the assignee (to the extent of such outstanding principal and accrued interest and fees) or the applicable Borrower (in the case of all other amounts);
(c) in the case of any such assignment resulting from a claim for compensation under Section 3.04 or payments required to be made pursuant to Section 3.01 , such assignment will result in a reduction in such compensation or payments thereafter;
(d) such assignment does not conflict with applicable Laws; and
(e) in the case of an assignment resulting from a Lender becoming a Non-Consenting Lender, the applicable assignee shall have consented to the applicable amendment, waiver or consent.
A Lender shall not be required to make any such assignment or delegation if, prior thereto, as a result of a waiver by such Lender or otherwise, the circumstances entitling the Borrowers to require such assignment and delegation cease to apply.
10.14 Governing Law; Jurisdiction; Etc. . (a) GOVERNING LAW . THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT (EXCEPT, AS TO ANY OTHER LOAN DOCUMENT, AS EXPRESSLY SET FORTH THEREIN) AND THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES THEREOF.
(b) SUBMISSION TO JURISDICTION . EACH BORROWER IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND OR DESCRIPTION, WHETHER IN LAW OR EQUITY, WHETHER IN CONTRACT OR IN TORT OR
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OTHERWISE, AGAINST THE ADMINISTRATIVE AGENT, ANY LENDER, THE L/C ISSUER, OR ANY RELATED PARTY OF THE FOREGOING IN ANY WAY RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS RELATING HERETO OR THERETO, IN ANY FORUM OTHER THAN THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY AND OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE JURISDICTION OF SUCH COURTS AND AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION, LITIGATION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION, LITIGATION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR IN ANY OTHER LOAN DOCUMENT SHALL AFFECT ANY RIGHT THAT THE ADMINISTRATIVE AGENT, ANY LENDER OR THE L/C ISSUER MAY OTHERWISE HAVE TO BRING ANY ACTION, LITIGATION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AGAINST ANY BORROWER OR ANY OTHER LOAN PARTY OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.
(c) WAIVER OF VENUE . EACH BORROWER IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT IN ANY COURT REFERRED TO IN PARAGRAPH (B) OF THIS SECTION. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DEFENSE OF AN INCONVENIENT FORUM TO THE MAINTENANCE OF SUCH ACTION OR PROCEEDING IN ANY SUCH COURT.
(d) SERVICE OF PROCESS . EACH PARTY HERETO IRREVOCABLY CONSENTS TO SERVICE OF PROCESS IN THE MANNER PROVIDED FOR NOTICES IN SECTION 10.02. NOTHING IN THIS AGREEMENT WILL AFFECT THE RIGHT OF ANY PARTY HERETO TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY APPLICABLE LAW.
10.15 Waiver of Jury Trial . EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF
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LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
10.16 No Advisory or Fiduciary Responsibility . In connection with all aspects of each transaction contemplated hereby (including in connection with any amendment, waiver or other modification hereof or of any other Loan Document), each Borrower acknowledges and agrees, and acknowledges its Affiliates understanding, that: (i) (A) the arranging and other services regarding this Agreement provided by the Administrative Agent and the Arrangers are arms -length commercial transactions between such Borrower and its Affiliates, on the one hand, and the Administrative Agent and the Arrangers, on the other hand, (B) such Borrower has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (C) such Borrower is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Loan Documents; (ii) (A) the Administrative Agent, each Lender and each Arranger each is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary for such Borrower or any of its Affiliates, or any other Person and (B) neither the Administrative Agent nor any Lender nor any Arranger has any obligation to such Borrower or any of its Affiliates with respect to the transactions contemplated hereby except those obligations expressly set forth herein and in the other Loan Documents; and (iii) the Administrative Agent, the Lenders, the Arrangers and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of such Borrower and its Affiliates, and neither the Administrative Agent nor any Lender nor any Arranger has any obligation to disclose any of such interests to any Borrower or its Affiliates. To the fullest extent permitted by law, each of the Borrowers hereby waives and releases any claims that it may have against the Administrative Agent, the Lenders and the Arrangers with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated hereby.
10.17 Electronic Execution of Assignments and Certain Other Documents . The words delivery , execute , execution , signed , signature , and words of like import in any Loan Document or any other document executed in connection herewith shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent, or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that notwithstanding anything contained herein to the contrary the Administrative Agent is under no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided further without limiting the foregoing, upon the request of the Administrative Agent, any electronic signature shall be promptly followed by such manually executed counterpart.
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10.18 USA PATRIOT Act . Each Lender that is subject to the Act (as hereinafter defined) and the Administrative Agent (for itself and not on behalf of any Lender) hereby notifies the Borrowers that pursuant to the requirements of the USA PATRIOT Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)) (the Act ), it is required to obtain, verify and record information that identifies the Borrowers, which information includes the name and address of each Borrower and other information that will allow such Lender or the Administrative Agent, as applicable, to identify such Borrower in accordance with the Act. Each Borrower shall, promptly following a request by the Administrative Agent or any Lender, provide all documentation and other information that the Administrative Agent or such Lender requests in order to comply with its ongoing obligations under applicable know your customer and anti-money laundering rules and regulations, including the Act.
10.19 Judgment Currency . If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each Borrower in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the Judgment Currency ) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the Agreement Currency ), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from any Borrower in the Agreement Currency, such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to such Borrower (or to any other Person who may be entitled thereto under applicable law).
10.20 Amendment and Restatement.
(a) It is the intention of each of the parties to the Third Amendment and this Agreement that the Existing Credit Agreement be amended and restated so as to preserve the perfection and priority of all security interests securing indebtedness and obligations under the Existing Credit Agreement, that all Indebtedness and Obligations of the Borrowers and the other Loan Parties under the Loan Documents shall be secured by the Collateral Documents, and that this Agreement does not constitute a novation of the obligations and liabilities existing under the Existing Credit Agreement. The parties to the Third Amendment and this Agreement further acknowledge and agree that this Agreement constitutes an amendment of the Existing Credit Agreement made under and in accordance with the Existing Credit Agreement. For the avoidance of doubt, the Third Amendment and this Agreement do not amend, modify or supplement Schedules 5.06, 5.11, 7.01 and 7.03 to the Existing Credit Agreement in any respect.
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(b) Each Borrower and each other Loan Party hereby acknowledges and agrees that any Loan Document to which it is a party or otherwise bound shall continue in full force and effect (including, without limitation, the pledge and security interest in the Collateral granted by it pursuant to the Collateral Documents) and that all of its obligations thereunder shall be valid, binding, and enforceable in accordance with its terms, and shall not be impaired or limited by the execution or effectiveness of this Agreement. Each Borrower and each other Loan Party (in its capacity as debtor, grantor, pledger, guarantor, assignor, or in any other similar capacity in which such Borrower or such Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be) hereby (i) acknowledges and agrees that the Third Amendment and this Agreement does not constitute a novation or termination of the secured obligations under any of the Collateral Documents or the other Loan Documents as in effect prior to the Restatement Effective Date and which remain outstanding as of the Restatement Effective Date, (ii) acknowledges and agrees that the secured obligations under the Collateral Documents and the other Loan Documents (as amended or modified in connection herewith) are in all respects continuing, (iii) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party (after giving effect hereto), (iv) to the extent such Borrower or such Loan Party granted Liens on any of its Collateral pursuant to any such Loan Document as security for or otherwise guaranteed the Obligations under or with respect to the Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and Liens and confirms and agrees that such security interests and Liens are in all respects continuing and in full force and effect and shall continue to secure all of the secured obligations under the Collateral Documents or the other Loan Documents, including, without limitation, all of the Obligations hereunder and (v) agrees that this Agreement shall in no manner impair or otherwise adversely affect any of such Liens.
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SCHEDULE G-1
INITIAL GUARANTORS
| 1. | Herbalife International of America, Inc., a Nevada corporation. |
| 2. | Herbalife International Do Brasil Ltda., a corporation dually organized in Brazil and Delaware. |
| 3. | Herbalife Korea Co., Ltd., a corporation dually organized in the Republic of Korea and Delaware. |
| 4. | Herbalife Taiwan, Inc., a California corporation. |
| 5. | Herbalife International of Europe, Inc., a California corporation, |
| 6. | WH Intermediate Holdings Ltd., a Cayman Islands exempted company with limited liability. |
| 7. | WH Luxembourg Holdings S.à.R.L., a Luxembourg private limited liability company ( société à responsabilité limitée ). |
| 8. | HBL (BVI) Limited, a British Virgin Islands business company. |
| 9. | HBL (Gibraltar) Limited, a Gibraltar limited company. |
| 10. | Herbalife Venezuela Holdings, LLC, a Delaware limited liability company. |
| 11. | Herbalife Manufacturing LLC, a Delaware limited liability company. |
SCHEDULE 1.01
MANDATORY COST FORMULAE
1. The Mandatory Cost (to the extent applicable) is an addition to the interest rate to compensate Lenders for the cost of compliance with:
(a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions); or
(b) the requirements of the European Central Bank.
2. On the first day of each Interest Period (or as soon as possible thereafter) the Administrative Agent shall calculate, as a percentage rate, a rate (the Additional Cost Rate) for each Lender, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Administrative Agent as a weighted average of the Lenders Additional Cost Rates (weighted in proportion to the percentage participation of each Lender in the relevant Loan) and will be expressed as a percentage rate per annum. The Administrative Agent will, at the request of any Borrower or any Lender, deliver to such Borrower or such Lender, as the case may be, a statement setting forth the calculation of any Mandatory Cost.
3. The Additional Cost Rate for any Lender lending from a Lending Office in a Participating Member State will be the percentage notified by that Lender to the Administrative Agent. This percentage will be certified by such Lender in its notice to the Administrative Agent to be its reasonable determination of the cost (expressed as a percentage of such Lenders participation in all Loans made from such Lending Office) of complying with the minimum reserve requirements of the European Central Bank in respect of Loans made from that Lending Office.
4. The Additional Cost Rate for any Lender lending from a Lending Office in the United Kingdom will be calculated by the Administrative Agent as follows:
(a) in relation to any Loan in Sterling:
|
AB+C(B-D)+E x 0.01 |
per cent per annum |
|||
| 100 - (A+C) |
(b) in relation to any Loan in any currency other than Sterling:
|
E x 0.01 |
per cent per | |||
| 300 | annum |
Where:
A is the percentage of Eligible Liabilities (assuming these to be in excess of any stated minimum) which that Lender is from time to time required to maintain as an interest free cash ratio deposit with the Bank of England to comply with cash ratio requirements.
B is the percentage rate of interest (excluding the Applicable Rate, the Mandatory Cost and any interest charged on overdue amounts pursuant to the first sentence of Section 2.08(b) and, in the case of interest (other than on overdue amounts) charged at the Default Rate, without counting any increase in interest rate effected by the charging of the Default Rate) payable for the relevant Interest Period of such Loan.
C is the percentage (if any) of Eligible Liabilities which that Lender is required from time to time to maintain as interest bearing Special Deposits with the Bank of England.
D is the percentage rate per annum payable by the Bank of England to the Administrative Agent on interest bearing Special Deposits.
E is designed to compensate Lenders for amounts payable under the Fees Rules and is calculated by the Administrative Agent as being the average of the most recent rates of charge supplied by the Lenders to the Administrative Agent pursuant to paragraph 7 below and expressed in pounds per £1,000,000.
5. For the purposes of this Schedule:
(a) Eligible Liabilities and Special Deposits have the meanings given to them from time to time under or pursuant to the Bank of England Act 1998 or (as may be appropriate) by the Bank of England;
(b) Fees Rules means the rules on periodic fees contained in the FSA Supervision Manual or such other law or regulation as may be in force from time to time in respect of the payment of fees for the acceptance of deposits;
(c) Fee Tariffs means the fee tariffs specified in the Fees Rules under the activity group A.1 Deposit acceptors (ignoring any minimum fee or zero rated fee required pursuant to the Fees Rules but taking into account any applicable discount rate); and
(d) Sterling and £ mean the lawful currency of the United Kingdom.
(e) Tariff Base has the meaning given to it in, and will be calculated in accordance with, the Fees Rules.
6. In application of the above formulae, A, B, C and D will be included in the formulae as percentages (i.e. 5% will be included in the formula as 5 and not as 0.05). A negative result obtained by subtracting D from B shall be taken as zero. The resulting figures shall be rounded to four decimal places.
7. If requested by the Administrative Agent or any Borrower, each Lender with a Lending Office in the United Kingdom or a Participating Member State shall, as soon as practicable after publication by the Financial Services Authority, supply to the Administrative Agent and Borrowers, the rate of charge payable by such Lender to the Financial Services Authority pursuant to the Fees Rules in respect of the relevant financial year of the Financial Services Authority (calculated for this purpose by such Lender as being the average of the Fee Tariffs applicable to such Lender for that financial year) and expressed in pounds per £1,000,000 of the Tariff Base of such Lender.
8. Each Lender shall supply any information required by the Administrative Agent for the purpose of calculating its Additional Cost Rate. In particular, but without limitation, each Lender shall supply the following information in writing on or prior to the date on which it becomes a Lender:
(a) the jurisdiction of the Lending Office out of which it is making available its participation in the relevant Loan; and
(b) any other information that the Administrative Agent may reasonably require for such purpose.
Each Lender shall promptly notify the Administrative Agent in writing of any change to the information provided by it pursuant to this paragraph.
9. The percentages of each Lender for the purpose of A and C above and the rates of charge of each Lender for the purpose of E above shall be determined by the Administrative Agent based upon the information supplied to it pursuant to paragraphs 7 and 8 above and on the assumption that, unless a Lender notifies the Administrative Agent to the contrary, each Lenders obligations in relation to cash ratio deposits and Special Deposits are the same as those of a typical bank from its jurisdiction of incorporation with a lending office in the same jurisdiction as its Lending Office.
10. The Administrative Agent shall have no liability to any Person if such determination results in an Additional Cost Rate which over- or under- compensates any Lender and shall be entitled to assume that the information provided by any Lender pursuant to paragraphs 3 , 7 and 8 above is true and correct in all respects.
11. The Administrative Agent shall distribute the additional amounts received as a result of the Mandatory Cost to the Lenders on the basis of the Additional Cost Rate for each Lender based on the information provided by each Lender pursuant to paragraphs 3 , 7 and 8 above.
12. Any determination by the Administrative Agent pursuant to this Schedule in relation to a formula, the Mandatory Cost, an Additional Cost Rate or any amount payable to a Lender shall, in the absence of manifest error, be conclusive and binding on all parties hereto.
13. The Administrative Agent may from time to time, after consultation with the Borrowers and the Lenders, determine and notify to all parties any amendments which are required to be made to this Schedule in order to comply with any change in law, regulation or
any requirements from time to time imposed by the Bank of England, the Financial Services Authority or the European Central Bank (or, in any case, any other authority which replaces all or any of its functions) and any such determination shall, in the absence of manifest error, be conclusive and binding on all parties hereto.
For avoidance of doubt, Sterling shall not be an Alternative Currency unless and until it shall have been approved as an Alternative Currency pursuant to Section 1.06 of the Agreement.
SCHEDULE 2.01
COMMITMENTS AND APPLICABLE PERCENTAGES
|
Lender |
Term A
Commitment (as of the First Amendment Effective Date) |
Term A
Loans (as of the Restatement Effective Date) |
Applicable
Percentage |
Revolving Credit
Commitment (as of the Restatement Effective Date) |
Applicable
Percentage |
|||||||||||||||
|
Bank of America, N.A. |
$ | 102,000,000 | $ | 62,156,250 | 20.40 | % | $ | 79,553,571 | 17.14285714 | % | ||||||||||
|
Coöperative Centrale Raiffeisen-Boerenleenbank B.A., Rabobank Nederland, New York Branch |
$ | 75,000,000 | $ | 45,703,125 | 15.00 | % | $ | 66,294,643 | 14.28571429 | % | ||||||||||
|
HSBC Bank USA, National Association |
$ | 75,000,000 | $ | 45,703,125 | 15.00 | % | $ | 49,720,982 | 10.71428571 | % | ||||||||||
|
JPMorgan Chase Bank, N.A. |
$ | 30,000,000 | $ | 18,281,250 | 6.00 | % | $ | 79,553,571 | 17.14285714 | % | ||||||||||
|
Wells Fargo Bank, N.A. |
$ | 70,000,000 | $ | 42,656,250 | 14.00 | % | $ | 53,035,714 | 11.42857143 | % | ||||||||||
|
Fifth Third Bank |
$ | 50,000,000 | $ | 30,468,750 | 10.00 | % | $ | 0 | 0.0 | % | ||||||||||
|
KeyBank National Association |
$ | 0 | $ | 0 | 0.00 | % | $ | 49,720,982 | 10.71428571 | % | ||||||||||
|
Union Bank N.A. |
$ | 0 | $ | 0 | 0.00 | % | $ | 29,832,589 | 6.42857143 | % | ||||||||||
|
ING Bank N.V., Dublin Branch |
$ | 10,000,000 | $ | 6,093,750 | 2.00 | % | $ | 19,888,393 | 4.28571429 | % | ||||||||||
|
Comerica Bank |
$ | 0 | $ | 0 | 0.00 | % | $ | 19,888,393 | 4.28571429 | % | ||||||||||
|
Mizuho Corporate Bank, Ltd. |
$ | 30,000,000 | $ | 18,281,250 | 6.00 | % | $ | 0 | 0.0 | % | ||||||||||
|
Associated Bank National Association |
$ | 0 | $ | 0 | 0.00 | % | $ | 16,573,661 | 3.57142857 | % | ||||||||||
|
Standard Chartered Bank |
$ | 15,000,000 | $ | 9,140,625 | 3.00 | % | $ | 0 | 0.0 | % | ||||||||||
|
Mega International Commercial Bank Co., Ltd. New York Branch |
$ | 13,000,000 | $ | 7,921,875 | 2.60 | % | $ | 0 | 0.0 | % | ||||||||||
|
First Commercial Bank, Ltd., Los Angeles Branch |
$ | 10,000,000 | $ | 6,093,750 | 2.00 | % | $ | 0 | 0.0 | % | ||||||||||
|
Land Bank of Taiwan Los Angeles Branch |
$ | 10,000,000 | $ | 6,093,750 | 2.00 | % | $ | 0 | 0.0 | % | ||||||||||
|
Taiwan Business Bank Los Angeles Branch |
$ | 10,000,000 | $ | 6,093,750 | 2.00 | % | $ | 0 | 0.0 | % | ||||||||||
|
Total |
$ | 500,000,000 | $ | 304,687,500 | 100.0 | % | $ | 464,062,500 | 100.0 | % | ||||||||||
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
Schedule 5.03
Authorizations and Consents
Approval of the transactions contemplated by the Loan Documents by the Board of Directors (or analogous governing body) of each Loan Party, which have been obtained as of the Effective Date.
Schedule 5.13
Subsidiaries; Other Equity Investments
(a) Subsidiaries
|
Subsidiary |
Percentage Owned |
|
| WH Intermediate Holdings Ltd. | 100% - Herbalife Ltd. | |
| HBL Ltd. | 100% - WH Intermediate Holdings Ltd | |
| WH Luxembourg Holdings S.à R.L. | 100% - HBL Luxembourg Holdings S.à R.L. | |
| HLF Luxembourg Holdings S.à R.L. | 100% - WH Luxembourg Holdings S.à R.L. | |
| WH Capital Corporation | 100% - HLF Luxembourg Holdings S.à R.L. | |
| WH Luxembourg Intermediate Holdings S.à R.L. | 100% WH Capital Corporation | |
| HV Holdings Ltd. | 100% - WH Intermediate Holdings Ltd | |
| Herbalife International, Inc. (see below) | 100% - WH Luxembourg Intermediate Holdings S.à R.L. | |
| Herbalife International Luxembourg S.à R.L. (see below) | 100% - WH Luxembourg Holdings S.à R.L. | |
| Herbalife Australasia Pty., Ltd. | 100% - Herbalife International, Inc. | |
| Herbalife China, LLC | 100% - Herbalife International, Inc. | |
| Herbalife del Ecuador, S.A. |
99.99% - Herbalife International, Inc. .01% - Herbalife International of America, Inc. |
|
| Herbalife Denmark ApS | 100% - Herbalife International, Inc. | |
| Herbalife Dominicana, S.A. |
61% - Herbalife International of America, Inc. 34% - Herbalife International, Inc. 1% - Herbalife International Distribution, Inc. 1% - Herbalife International Communication, LLC 1% - Herbalife International South Africa, Inc. 1% - Herbalife International of Europe, Inc. 1% - Herbalife Taiwan. All represented by a special attorney |
|
| Herbalife Europe Limited | 100% - Herbalife (UK) Limited | |
| Herbalife Foreign Sales Corporation (Barbados) | 100% - Herbalife International, Inc. | |
| Herbalife Internacional de Mexico, S.A. de C.V. |
99.98% - Herbalife International, Inc. by Luis Emilio Lujan Sauri 0.02% - Herbalife International of America, Inc. by Jose Antonio Cervantes Acosta |
|
| Herbalife International Argentina, S.A. |
90% - Herbalife International, Inc. 10% - Herbalife International of America, Inc. |
|
| Herbalife International Belgium, S.A. |
99% - Herbalife International, Inc. by James P. Berklas 1% - Herbalife International of America, Inc. by Richard Goudis |
|
| Herbalife International of Europe, Inc. | 100% - Herbalife International, Inc. | |
| Herbalife International del Colombia | 100% - Herbalife International, Inc. | |
| Herbalife International del Ecuador | 100% - Herbalife International, Inc. |
| Herbalife International Deutschland GmbH | 100% - Herbalife International, Inc. | |
| Herbalife International Distribution, Inc. | 100% - Herbalife International, Inc. | |
| Herbalife International Do Brasil Ltda | 99.99% - Herbalife International, Inc. (Managing Partner) by Richard P. Goudis <0.01 - Herbalife International of America, Inc. by Brett R. Chapman | |
| Herbalife International España, S.A. |
99.82% - Herbalife International, Inc. 0.09% - Herbalife International of America, Inc. 0.09% - Herbalife (U.K.) Limited |
|
| Herbalife International Finland OY | 100% - Herbalife International, Inc. | |
| Herbalife International France, S.A. |
99.99% - Herbalife International, Inc. <0.01% - Herbalife International of America, Inc., <0.01% - Herbalife (U.K.) Limited <0.01% - Herbalife International España, Inc. <0.01% - Herbalife (NZ) Limited <0.01% - Herbalife Australasia Pty. Ltd. |
|
| Herbalife International Greece S.A. | 100% - Herbalife International, Inc. | |
| Herbalife International India Private Limited |
24% - HIIP Investment Co., LLC 76% - Herbalife International, Inc. |
|
| Herbalife International (Netherlands) B.V. | 100% - Herbalife International, Inc. | |
| Herbalife International of America, Inc. | 100% - Herbalife International, Inc. | |
| Herbalife International of Hong Kong Limited. |
99% - Herbalife International, Inc. by Richard P. Goudis 1% - Herbalife International of America, Inc. by Brett R. Chapman |
|
| Herbalife International of Israel (1990) Ltd. |
99% - Herbalife International, Inc. 1% - Herbalife International of America, Inc. |
|
| Herbalife International Philippines, Inc. |
99.99% - Herbalife International, Inc. <0.01% - Robert Levy <0.01% - Abelardo Tolentino <0.01% - Harvey Ringler <0.01% - Richard Goudis |
|
| Herbalife International Products N.V. | 100% - Herbalife International, Inc. | |
| Herbalife International Russia 1995 Ltd. |
99% - Herbalife International, Inc. 1% - Herbalife International of America, Inc. |
|
| Herbalife International South Africa, Ltd. | 100% - Herbalife International, Inc. | |
| Herbalife International (Thailand), Ltd. | 100% - Herbalife International, Inc. | |
| Herbalife International Urunleri Ticaret Limited (Turkey) |
50% - Herbalife International, Inc. 50% - Herbalife International of America, Inc. |
|
| Herbalife International, S.A. |
99.99% - Herbalife International, Inc. <0.01% - Herbalife International of America, Inc. <0.01% - Herbalife (UK) Limited <0.01% - Herbalife International España, S.A. <0.01% - Herbalife International France, S.A. |
|
| Herbalife Italia, S.p.A. |
95% - Herbalife International, Inc. 5% - Herbalife International of America, Inc. |
|
| Herbalife Korea Co., Ltd. | 100% - Herbalife International, Inc. | |
| Herbalife Manufacturing LLC | 100% - Herbalife International, Inc. | |
| Herbalife Norway Products AS | 100% - Herbalife International, Inc. | |
| Herbalife (NZ) Limited | 100% - Herbalife International, Inc. | |
| Herbalife of Canada Ltd. | 100% - Herbalife International, Inc. | |
| Herbalife of Japan K.K. | 100% - Herbalife International, Inc. | |
| Herbalife Polska Sp. Z. o. o. | 100% - Herbalife International, Inc. | |
| HBL Products, S.A. |
50% - Herbalife International, Inc. 50% - Herbalife International of America, Inc. |
|
| Herbalife Products de Mexico, S.A. de C.V. |
99% - Herbalife International, Inc. by Luis Emilio Lujan Sauri 1% - Herbalife International of America, Inc. by Jose Antonio Cervantes Acosta |
|
| Herbalife Sweden Akiebolag | 100% - Herbalife International, Inc. | |
| Herbalife Taiwan, Inc. | 100% - Herbalife International, Inc. | |
| Herbalife (UK) Limited | 100% - Herbalife International, Inc. | |
| HIIP Investment Co., LLC | 100% - Herbalife International, Inc. | |
| Importadora y Distribuidora Herbalife International de Chile, Limitada |
99.99% - Herbalife International, Inc. 0.01% - Herbalife International of America, Inc. |
|
| Promotions One, Inc. | 100% - Herbalife International, Inc. | |
| PT Herbalife Indonesia |
0.18% - Alpiter Steven Silaen 99.82% - PT Dian Gatra Mokmur |
|
| Servicios Integrales HIM, S.A. de C.V. |
99% - Herbalife International, Inc. 1% - Herbalife International of America, Inc. |
|
| Vida Herbal Supplementos Alimenticio, C.A., LLC | 100% - Herbalife International, Inc. | |
| VidaHerbal Dutch LLC | 100% - Herbalife International, Inc. | |
| HLF Intl of India Investment Co. | 100% - Herbalife International, Inc. | |
| Herbalife Mexicana, S.A. de C.V. |
99.98% - Herbalife International, Inc. 0.02% - Herbalife International of America, Inc. |
|
| Herbalife Africa S.à R.L. | 100% - Herbalife International Luxembourg S.à R.L. | |
| Herbalife Asia Pacific Services Ltd. | 100% - Herbalife Natural Products LP | |
| Herbalife Central America LLC | 100% - Herbalife International Luxembourg S.à R.L. | |
| Herbalife (China) Health Products Ltd. | 100% - Herbalife International Luxembourg, S.à R.L. | |
| Herbalife d.o.o. (Croatia) | 100% - Herbalife International Luxembourg, S.à R.L. | |
| Herbalife Distribution Ltd. | 100% - Herbalife International Luxembourg S.à R.L. | |
|
Herbalife Hungary Trading, Limited (Herbalife Magyarorszag Kereskedelmi Kft.) |
97.6% -Herbalife International Luxembourg S.à R.L. 2.4% - WH Luxembourg Holdings S.à R.L. |
|
| Herbalife International Costa Rica, Sociedad de Responsibilidad Limitada | 100% - Herbalife International Luxembourg, S.à R.L. | |
| Limited Liability Company Herbalife International RS |
99% - Herbalife International Luxembourg S.à R.L. 1% - WH Luxembourg Holdings S.à R.L. |
|
| Herbalife International Singapore Pte. Ltd. | 100% - Herbalife International Luxembourg, S.à R.L. | |
| Herbalife Luxembourg Distribution S.à R.L. | 100% - Herbalife International Luxembourg S.à R.L. | |
| Herbalife Natural Products LP |
89.9% (Limited Partnership Interest) - Herbalife International Luxembourg S.à R.L. 0.1% (General Partnership Interest) - HLF Luxembourg Distribution S.à R.L. 10% (Limited Partnership Interest) - Qun Yi (S Corp) |
|
| Herbalife NatSource (Hunan) Natural Products Co., Ltd. |
100% - Herbalife Asia Pacific Services Limited |
|
Subsidiary |
Percentage Owned |
|
| Herbalife Paraguay S.R.L. |
99.99% - Herbalife International Luxembourg, S.à R.L. <0.01% - WH Luxembourg Holdings, S.à R.L. |
|
| Herbalife Peru S.R.L. |
99% - Herbalife International Luxembourg, S.à R.L. 1% - WH Luxembourg Holdings, S.à R.L. |
|
| Herbalife Products Malaysia SDN, BHD | 100% - Herbalife International Luxembourg S.à R.L. | |
| Herbalife RO SRL |
99% - Herbalife International Luxembourg S.Á R.L. 1% - HLF Luxembourg Distribution S.à R.L.. |
|
| Herbalife Ukraine LLC |
99% - Herbalife International Luxembourg S.à R.L. 1% - HLF Luxembourg Distribution S.à R.L.. |
|
| Herbalife Uruguay S.R.L. |
99% - Herbalife International Luxembourg S.à R.L. 1% - HLF Luxembourg Distribution S.à R.L. |
|
| Herbalife Vietnam SMLLC | 100% - Herbalife International Luxembourg, S.à R.L. | |
| HBL (Gibraltar) Limited | 100% - Herbalife International Luxembourg S.à R.L. | |
| HLF Colombia Ltda. |
50% - Herbalife Luxembourg Distribution, S.à R.L. 50% - HLF Luxembourg Distribution, S.à R.L. |
|
| HLF Luxembourg Distribution S.à R.L. | 100% - Herbalife International Luxembourg S.à R.L. | |
| HBL Luxembourg Holdings S.à R.L. | 100% - WH Intermediate Holdings Ltd | |
| Herbalife Bulgaria EOOD | 100% - Herbalife International Luxembourg, S.à R.L. | |
| WHBL Luxembourg S.à R.L. | 100% -WH Luxembourg Holdings S.à R.L. | |
| Herbalife Bela LLC |
90% - Herbalife International Luxembourg, S.à R.L. 10% - HLF Luxembourg Distribution, S.à R.L. |
|
| Herbalife Bolivia Ltda. |
90% - Herbalife International Luxembourg, S.à R.L. 10% - HLF Luxembourg Distribution, S.à R.L. |
|
| Herbalife Latin America Comercial Exportadora Ltda (TradeCo) |
99% - Herbalife International Luxembourg, S.à R.L. 1% - HLF Luxembourg Distribution, S.à R.L. |
|
| Herbalife (Cambodia) Co., Ltd. | 100% - Herbalife International Luxembourg, S.à R.L. | |
| Herbalife (Shanghai) Management Co., Ltd. | 100% - Herbalife International Luxembourg, S.à R.L. | |
| Herbalife of Ghana Limited | 100% - Herbalife International Luxembourg, S.à R.L. | |
| Herbalife Kazakhstan LLP |
99.99% - Herbalife International Luxembourg, S.à R.L. 0.01% - HLF Luxembourg Distribution, S.à R.L. |
|
| Herbalife Macau Limited |
96% - Herbalife International Luxembourg, S.à R.L. 4% - HLF Luxembourg Distribution, S.à R.L. |
|
| I.C.S. Herbalife MA S.R.L. | 100% - Herbalife International Luxembourg, S.à R.L. | |
| Herbalife Mongolia LLC | 100% - Herbalife International Luxembourg, S.à R.L. | |
| Herbalife (NZ) Limited | 100% - Herbalife International, Inc. | |
| HIL Swiss International GmbH | 100% - Herbalife International Luxembourg, S.à R.L. | |
| HBL Products, SA |
50% - Herbalife International, Inc. 50% - Herbalife International of America, Inc. |
|
| iChange Network, Inc. | 100% - Herbalife International, Inc. | |
| Herbalife Worldwide Events LLC | 100% - Herbalife International, Inc. | |
| Herbalife Puerto Rico, LLC | 100% - Herbalife International, Inc. | |
| Herbalife International Communications, LLC | 100% - Herbalife International of America, Inc. | |
| HBL (BVI) Limited | 100% - HBL (Gibraltar) Limited | |
(b) Other Equity Interests
None.
Schedule 5.17
Identification Numbers for Foreign Obligors
|
Foreign Obligor |
Jurisdiction |
Organizational ID |
||
| Herbalife Ltd. | Cayman Islands | CR-116838 | ||
| Herbalife International Luxembourg S.à.R.L | Luxembourg | B 88006 | ||
| WH Intermediate Holdings Ltd. | Cayman Islands | CR-117890 | ||
| WH Luxembourg Holdings S.à.R.L. | Luxembourg | B 88007 | ||
| HBL (BVI) Limited | British Virgin Islands | 1798846 | ||
| HBL Gibraltar Limited | Gibraltar | 109936 |
Schedule 5.23
IP Rights
IP Rights granted pursuant to that certain Cost Sharing Agreement dated as of January 1, 2005 by and between Herbalife International, Inc. and HIL Swiss International G.m.b.H. (pursuant to which Herbalife International, Inc. and HBL (BVI) Limited currently exploit IP developed in connection with such agreement); as supplemented by that certain Intellectual Property Conveyance dated as of June 30, 2013 by and between HIL Swiss International G.m.b.H. and Herbalife International Luxembourg S.à R.L.; as further supplemented by that certain Contribution Agreement dated as of June 30, 2013 by and between Herbalife International Luxembourg S.à R.L. and HBL (Gibraltar) Limited; as further supplemented by that certain Contribution Agreement dated as of March 25, 2014 by and between HBL (Gibraltar) Limited and HBL (BVI) Limited; as further supplemented by that certain License Agreement dated as of August 13, 2014 by and between HBL (BVI) Limited and Herbalife International Luxembourg S.à R.L; and that certain Trademark License Agreement dated as of August 13, 2014 by and between Herbalife International, Inc. and HBL (BVI) Limited (pursuant to which certain trademark rights held by Herbalife International, Inc. are licensed to HBL (BVI) Limited, with Herbalife International, Inc. retaining certain remaining trademark rights). HBL (BVI) Limited, Herbalife International Luxembourg S.à R.L, and Herbalife International, Inc. further license out IP Rights to certain Foreign Subsidiaries of Holdings.
Patent License
U.S. no. 6,117,872 licensed by Unither to Herbalife International, Inc., through expiration of patent on June 23, 2108 (agreement originally covered other patents now expired).
Trademark License
SOUL, license of multiple registrations in European jurisdictions in international class 03 and common-law rights in the U.S.A., all from Procter & Gamble, expires upon cessation of use by Herbalife (still in use though planned for discontinuation).
AMINOGEN, license of trademark in classes 5, 29, or 30 in the U.S.A. and European Community, contingent upon purchase and use of branded ingredient from Triarco Industries.
NKO, license of graphical mark registered in U.S.A. and Canada to Neptune Technologies & Bioressources, contingent upon purchase and use of branded ingredient from Triarco Industries.
NSF CERTIFIED FOR SPORT certification mark, U.S. reg. no. 3,808-681, license of graphical mark in larger agreement between Herbalife International, Inc. and NSF Health Sciences.
LACTIUM, word mark registered in European markets, use conditional upon purchase of branded ingredient from Ingredia Corp., licensed to Herbalife International, Inc. under supply agreement.
PISANE, word mark registered in Benelux, European Community, and International registers, license contingent upon purchase and use of branded ingredient from Cosucra to Herbalife International, Inc.
FIN certification mark, graphical mark license taken by Herbalife Italia from Federazione Italiana Nuoto, renewed annually by Herbalife Italia.
SNQ certification mark, graphical mark licensed by Herbalife Taiwan for use conditionally upon products approved by local quality-review organization.
GFCO certification mark, graphical mark licensed in U.S.A. from Gluten Intolerance Group of North America, use conditional upon satisfaction of gluten-free product testing.
Goods of Health GH certification mark, graphical mark licensed by KFDA for use upon products, conditionally upon completion of food quality testing, renewed annually by Herbalife Korea.
ESTRO-G, word and graphical mark registered in South Korea, licensed by Herbalife Korea from Naturalendo Tech Co., conditionally upon purchase of branded ingredient for use in ingestible products.
U.S. and International Patents
|
Country |
Title |
Application Number/ Patent
|
Filing Date |
Issue Date |
Owner/ Assignee |
Status |
||||||
| US | Herbal Supplement to Support Weight Loss | Appl. No. 11/233,782 Patent No. 7,329,419 | 9/22/2005 | 2/12/2008 | Herbalife International, Inc. | Issued | ||||||
| US | Oral Supplement | Appl. No. 29/362,880 Patent No. D632,386 | 6/1/2010 | 2/8/2011 | Herbalife International of America, Inc. | Issued | ||||||
| Canada | Tablet | Design Patent No. 138148 | 11/30/2010 | 6/20/2011 | Herbalife International, Inc. | Issued | ||||||
| China | Oral Supplement | Patent No. ZL201030658634.9 | ||||||||||
| European | Dietary Supplements | Design Patent No. 001248397-0001 | 11/30/2010 | 11/30/2010 | Herbalife International, Inc. | Issued | ||||||
| Mexico | Energy Drink Compositions | Appl. No. MXPA05003378 | 3/30/2005 | Herbalife International. Inc. | ||||||||
| South Africa | Energy Drink Compositions | Appl. No. ZA20060010365 Patent No. ZA200610365 | 12/11/2006 | 2/27/2008 | Herbalife International Inc. | Issued | ||||||
| Turkey | Appl. No. TR200607344 | 1/20/2005 | Herbalife International, Inc. | |||||||||
U.S. Registered Copyrights
|
Title |
Copyright Number |
Registration Date |
Owner/Claimant |
|||
| 1997 Presidents Council bonus awards | PA0000955403 | 10/5/2000 | Herbalife International, Inc. | |||
| 2000 Presidents Council bonus awards | PA0000955404 | 10/5/2000 | Herbalife International, Inc. | |||
| Herbalife journal | TX0005126108 | 10/5/2000 | Herbalife International, Inc. | |||
| LDW Miami with Chris Carley | PA0000955405 | 10/5/2000 | Herbalife International, Inc. | |||
| Marketing plan with John Tartol & Leslie Stanford | PA0000955406 | 10/5/2000 | Herbalife International, Inc. | |||
| Shapeworks meal guide lean-protein estimator | VA0001389017 | 9/13/2006 | Herbalife International of America, Inc. | |||
| Shapeworks slide-rule (English) | VAu000721093 | 4/12/2004 | Herbalife International of America, Inc. | |||
| Shapeworks slide-rule (French) | VAu000721094 | 4/12/2004 | Herbalife International of America, Inc. | |||
| Shapeworks slide-rule (Spanish) | VAu000721095 | 4/12/2004 | Herbalife International of America, Inc. |
Domain Names
|
Domain Name |
Paid Through Date |
Status |
||
| 1000000poundmission.com | 2015-01-29 | registered locked | ||
| 24-hourathlete.com | 2014-10-28 | registered locked | ||
| 24-hourathlete.net | 2014-11-03 | registered locked | ||
| 24-hourathlete.org | 2014-11-03 | registered locked | ||
| 24hourathlete.org | 2014-11-03 | registered locked | ||
| 24hourathletes.com | 2014-12-06 | registered locked | ||
| 24hrathlete.com | 2015-10-11 | registered locked | ||
| 24hrathlete.net | 2014-11-03 | registered locked | ||
| 24hrathlete.org | 2014-11-03 | registered locked | ||
| 24hrathletes.com | 2014-12-06 | registered locked | ||
| a221a1ad7569.net | 2016-02-13 | registered locked | ||
| about-herbalife.com | 2014-09-02 | registered locked | ||
| about-herbalife.com.ar | 2014-09-05 | registered locked | ||
| about-herbalife.com.tw | 2014-09-02 | registered locked | ||
| about-herbalife.de | 2014-09-04 | registered locked | ||
| aboutherbalife.com | 2014-12-26 | registered locked | ||
| ackmanherbalife.biz | 2015-01-18 | registered locked | ||
| ackmanherbalife.co | 2015-01-18 | registered locked | ||
| ackmanherbalife.com | 2015-01-09 | registered locked | ||
| ackmanherbalife.info | 2015-01-09 | registered locked | ||
| ackmanherbalife.net | 2015-01-09 | registered locked | ||
| ackmanlies.biz | 2015-01-18 | registered locked | ||
| ackmanlies.co | 2015-01-18 | registered locked | ||
| ackmanlies.com | 2015-01-18 | registered locked | ||
| ackmanlies.info | 2015-01-18 | registered locked | ||
| ackmanlies.net | 2015-01-18 | registered locked | ||
| ackmanpershing.biz | 2015-01-18 | registered locked | ||
| ackmanpershing.co | 2015-01-18 | registered locked | ||
| ackmanpershing.com | 2015-01-18 | registered locked | ||
| ackmanpershing.info | 2015-01-18 | registered locked | ||
| ackmanpershing.net | 2015-01-18 | registered locked | ||
| ackmanpershingsquare.biz | 2015-01-18 | registered locked | ||
| ackmanpershingsquare.co | 2015-01-18 | registered locked | ||
| ackmanpershingsquare.com | 2015-01-18 | registered locked | ||
| ackmanpershingsquare.info | 2015-01-18 | registered locked | ||
| ackmanpershingsquare.net | 2015-01-18 | registered locked | ||
| areyoureadyla.com | 2015-08-24 | registered locked | ||
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| discovergoodbeauty.com | 2015-07-05 | registered locked | ||
| discovergoodfitness.com | 2014-08-01 | registered locked | ||
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| goherbalife.es | 2014-12-29 | registered locked | ||
| goherbalife.fi | 2014-11-18 | registered locked | ||
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| goherbalife.ro | 2015-01-01 | registered locked | ||
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| hbntv.com | 2015-12-31 | registered locked | ||
| hbntv.net | 2015-03-19 | registered locked | ||
| hbnvideo.com | 2016-02-23 | registered locked | ||
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| herbalaloe.cn | 2014-10-18 | registered locked | ||
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| herbalife-central.com | 2015-10-13 | registered locked | ||
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| herbalife-h3opro.com | 2014-06-10 | registered locked | ||
| herbalife-h3opro.de | 2014-06-13 | registered locked | ||
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| herbalife-h3opro.fr | 2014-06-11 | registered locked | ||
| herbalife-h3opro.it | 2014-06-12 | registered locked | ||
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| herbalife.ca | 2016-01-02 | registered locked | ||
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| herbalife.cn | 2015-03-17 | registered locked | ||
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| herbalife.co.il | 2015-01-07 | registered locked | ||
| herbalife.co.in | 2015-09-08 | registered locked | ||
| herbalife.co.jp | 2015-03-31 | registered locked | ||
| herbalife.co.ke | 2015-07-13 | registered locked | ||
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| herbalife.co.ma | 2014-11-02 | registered locked | ||
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| herbalife.co.tz | 2014-10-19 | registered locked | ||
| herbalife.co.ug | 2015-07-13 | registered locked | ||
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| herbalife.com | 2018-02-22 | registered locked | ||
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| herbalife.com.cn | 2016-02-28 | registered locked | ||
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| herbalife.com.fr | 2015-10-24 | registered locked | ||
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| herbalife.com.mx | 2015-05-13 | registered locked | ||
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| hlf-24.com | 2015-03-21 | registered locked | ||
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| ichange.fi | 2015-03-30 | registered locked | ||
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| ichange.gl | 2015-03-25 | registered locked | ||
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| ichange.pe | 2015-03-26 | registered locked | ||
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| joinshapeworks.com | 2014-11-06 | registered locked | ||
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| liftoff.com | 2015-06-03 | registered locked | ||
| liftoff.com.ar | 2014-08-05 | registered locked | ||
| liftoff.com.bo | 2015-07-27 | registered locked | ||
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| liftoff.com.hk | 2014-07-10 | registered locked | ||
| liftoff.com.mx | 2015-12-16 | registered locked | ||
| liftoff.com.pa | 2014-07-26 | registered locked | ||
| liftoff.com.ph | 2014-07-21 | registered locked | ||
| liftoff.com.pl | 2014-04-07 | registered locked | ||
| liftoff.com.pt | 2014-11-01 | registered locked | ||
| liftoff.com.py | 2015-10-25 | registered locked | ||
| liftoff.com.sg | 2015-07-28 | registered unlocked | ||
| liftoff.com.tw | 2016-03-03 | registered locked | ||
| liftoff.com.ve | 2015-08-25 | registered locked | ||
| liftoff.fr | 2016-04-03 | registered locked | ||
| liftoff.gr | 2014-07-23 | registered locked | ||
| liftoff.hk | 2014-12-10 | registered locked | ||
| liftoff.ie | 2016-01-05 | registered locked | ||
| liftoff.kr | 2016-03-02 | registered locked | ||
| liftoff.mobi | 2014-06-12 | registered locked | ||
| liftoff.ph | 2014-07-21 | registered locked | ||
| liftoff.pl | 2016-03-30 | registered locked | ||
| liftoff.sg | 2015-07-28 | registered unlocked | ||
| liftoffenergy.com | 2014-10-21 | registered locked | ||
| liftoffenergydrink.com | 2016-03-21 | registered locked | ||
| liftoffnow.com | 2015-05-05 | registered locked | ||
| livetheherbalife.com | 2014-11-21 | registered locked | ||
| livingherbalifelean.com | 2015-09-17 | registered locked | ||
| livingshapeworkslean.com | 2015-03-15 | registered locked | ||
| loseweightnow.com | 2014-11-13 | registered locked | ||
| m-herbalife.com | 2014-11-05 | registered locked | ||
| mark-hughes.com | 2015-03-08 | registered locked | ||
| megaescuelademayoristas-sa.com | 2015-05-18 | registered locked | ||
| megaescuelalatina.com | 2015-08-10 | registered locked | ||
| meineweightlosschallenge.de | 2016-02-03 | registered locked | ||
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| mherbalife.com | 2014-07-25 | registered locked | ||
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| misionperderlibras.com | 2015-03-11 | registered locked | ||
| mojewlc.pl | 2014-12-07 | registered locked | ||
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| myherbalife.at | 2015-05-31 | registered locked | ||
| myherbalife.be | 2015-03-17 | registered unlocked | ||
| myherbalife.bi | 2014-09-27 | registered locked | ||
| myherbalife.bo | 2015-06-05 | registered locked | ||
| myherbalife.ca | 2015-02-06 | registered locked | ||
| myherbalife.ch | 2015-05-30 | registered locked | ||
| myherbalife.cl | 2014-09-13 | registered locked | ||
| myherbalife.cn | 2015-06-08 | registered locked | ||
| myherbalife.co | 2016-02-23 | registered locked | ||
| myherbalife.co.at | 2015-06-30 | registered locked | ||
| myherbalife.co.bw | 2015-08-14 | registered locked | ||
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| myherbalife.co.hu | 2015-06-05 | registered locked | ||
| myherbalife.co.il | 2015-05-18 | registered locked | ||
| myherbalife.co.in | 2015-06-08 | registered locked | ||
| myherbalife.co.ke | 2014-07-28 | registered locked | ||
| myherbalife.co.kr | 2015-10-04 | registered locked | ||
| myherbalife.co.nz | 2014-05-18 | registered locked | ||
| myherbalife.co.tz | 2014-09-28 | registered locked | ||
| myherbalife.co.ug | 2014-09-28 | registered locked | ||
| myherbalife.co.uk | 2015-07-18 | registered locked | ||
| myherbalife.co.ve | 2015-05-28 | registered locked | ||
| myherbalife.co.za | 2015-08-17 | registered locked | ||
| myherbalife.com | 2014-07-20 | registered locked | ||
| myherbalife.com.au | 2016-03-11 | registered locked | ||
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| myherbalife.com.vn | 2015-10-07 | registered locked | ||
| myherbalife.cr | 2016-03-03 | registered locked | ||
| myherbalife.cz | 2014-06-02 | registered locked | ||
| myherbalife.de | 2015-04-18 | registered locked | ||
| myherbalife.dk | 2014-08-31 | registered locked | ||
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| myherbalife.do | 2016-02-26 | registered locked | ||
| myherbalife.ee | 2016-02-10 | registered locked | ||
| myherbalife.eu | 2014-04-30 | registered locked | ||
| myherbalife.fi | 2015-07-01 | registered locked | ||
| myherbalife.fr | 2015-04-03 | registered locked | ||
| myherbalife.gen.in | 2015-06-08 | registered locked | ||
| myherbalife.gl | 2014-12-31 | registered locked | ||
| myherbalife.gr | 2014-05-29 | registered locked | ||
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| myherbalife.se | 2015-07-21 | registered locked | ||
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| myherbalife.sk | 2015-07-10 | registered locked | ||
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| myherbalifeww.com | 2014-08-13 | registered locked | ||
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| myherbaloffice.com | 2015-09-28 | registered locked | ||
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| niteworks.eu | 2014-04-30 | registered locked | ||
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| prepare-la.com | 2015-08-24 | registered locked | ||
| presidentssummit.com | 2016-01-07 | registered locked | ||
| presidentsteamlounge.com | 2014-11-07 | registered locked | ||
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| prolessa.com | 2014-05-10 | registered locked | ||
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| shapeworks.com.py | 2015-02-24 | registered locked | ||
| shapeworks.eu | 2014-06-30 | registered locked | ||
| shapeworks.fr | 2014-04-27 | registered locked | ||
| shapeworks.mobi | 2014-06-12 | registered locked | ||
| shapeworks.net | 2014-11-06 | registered locked | ||
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| skherbalife.sk | 2016-03-21 | registered locked | ||
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| visiteherbalife.co.ve | 2015-01-31 | registered locked | ||
| visiteherbalife.com | 2014-11-30 | registered locked | ||
| visiteherbalife.com.ar | 2015-01-26 | registered locked | ||
| visiteherbalife.com.bo | 2015-01-28 | registered locked | ||
| visiteherbalife.com.br | 2015-01-26 | registered locked | ||
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| weightworks.com | 2014-10-08 | registered locked | ||
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| weightworksprogram.com | 2014-10-14 | registered locked | ||
| wellness.uk.net | 2014-06-12 | registered locked | ||
| welzijnscheck.nl | 2014-08-25 | registered locked | ||
| wesellherbalife.com | 2016-01-07 | registered locked | ||
| whatdoyouhavetolose.co.za | 2015-02-07 | registered locked | ||
| whitening.cn | 2015-10-18 | registered locked | ||
| whyherbalife.co.uk | 2016-04-25 | registered locked | ||
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| whyherbalifewhynow.com | 2014-09-12 | registered locked | ||
| wlcsupercoach.co.za | 2015-02-07 | registered locked | ||
| wno.com.pl | 2015-05-21 | registered locked | ||
| worldwidewellness.net | 2014-05-19 | registered locked | ||
| wwwherbalife24.com | 2014-08-24 | registered locked | ||
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xn3e0bu4qc7deun9pq7oavx.kr
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2014-10-08 | registered locked | ||
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xn8dt021gzyg.asia
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2015-07-03 | registered locked | ||
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2014-10-08 | registered locked | ||
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2014-04-26 | registered locked | ||
| xnpreooficialherbalife-50b.com.br preçooficialherbalife.com.br | 2015-10-06 | registered locked | ||
| yerbalife.com | 2014-06-23 | registered locked | ||
| yourlifestartsnow.com | 2015-02-19 | registered locked |
Trademarks
( See attached)
| 3/4/2014 | Portfolio Report |
| Portfolio Report |
Printed: 03-04-2014 Total Number of Records: 2579 |
|
| Trademark Angola | TM1600AO05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Published | |||||||
| Application No. | 37482 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-10-2013 | |||||||
| Trademark Argentina | TM1031AR05 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2721747 | Registration No. | 2178676 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamins and nutritional supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-28-2006 | Registration Date | 08-31-2007 | |||||
| Next Renewal | 08-31-2017 | |||||||
| Trademark Argentina | TM1226AR05 | |||||||
|
CORE COMPLEX |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2640565 | Registration No. | 2154356 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-21-2005 | Registration Date | 04-24-2007 | |||||
| Next Renewal | 04-24-2017 | |||||||
1/745
| 3/4/2014 | Portfolio Report |
| Trademark Argentina | TM1001AR03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2887845 | Registration No. | 2355514 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Products for skin care, mainly body creams. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-14-2009 | |||||||
| Trademark Argentina | TM1001AR30 | |||||||
|
HERBALIFE |
||||||||
| Status: | Pending | |||||||
| Application No. | 2887846 | Registration No. | 2354012 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-14-2009 | |||||||
| Trademark Argentina | TM1001AR05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Pending | |||||||
| Application No. | 2904426 | Registration No. | 2368089 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutrition supplement, dietary foods, comprising vitamins, minerals, herbs, fiber and protein, all as a tablet, powder or liquid. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-27-2009 | |||||||
| Trademark Argentina | TM1001AR29 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2514864 | Registration No. | 2002547 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Protein foodstuffs for human consumption, in International Class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-17-2004 | Registration Date | 12-17-2004 | |||||
| Next Renewal | 12-17-2014 | |||||||
2/745
| 3/4/2014 | Portfolio Report |
| Trademark Argentina | TM1001AR32 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2600131 | Registration No. | 2063210 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Fruit juices and drinks based on fruit juice, protein powders, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-28-2005 | Registration Date | 01-19-2006 | |||||
| Next Renewal | 01-19-2016 | |||||||
| Trademark Argentina | TM1006AR03 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2469850 | Registration No. | 1968407 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoo, cream rinse and hair conditioners, skin cleansers, moisturizers, facial creams and shaving creams. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-23-2003 | Registration Date | 01-27-2004 | |||||
| Next Renewal | 01-27-2014 | |||||||
| Trademark Argentina | TM1006AR32 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2600130 | Registration No. | 2063209 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Fruit juices and drinks based on fruit juice, protein powder, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-28-2005 | Registration Date | 01-19-2006 | |||||
| Next Renewal | 01-19-2016 | |||||||
| Trademark Argentina | TM1006AR05 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2469851 | Registration No. | 1968406 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplement of vitamins, minerals, herbs and protein, all in the form of tablets, powder or liquid. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-23-2003 | Registration Date | 01-27-2004 | |||||
| Next Renewal | 01-27-2014 | |||||||
3/745
| 3/4/2014 | Portfolio Report |
| Trademark Argentina | TM1090AR05 | |||||||
|
HERBALIFE CELLULAR NUTRITION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2660707 | Registration No. | 2119185 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-31-2006 | Registration Date | 10-09-2006 | |||||
| Next Renewal | 10-09-2016 | |||||||
| Trademark Argentina | TM1029AR35 | |||||||
|
HERBALIFE DISTRIBUTOR NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2640567 | Registration No. | 2150033 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | All services in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-21-2005 | Registration Date | 03-29-2007 | |||||
| Next Renewal | 03-29-2017 | |||||||
| Trademark Argentina | TM1029AR41 | |||||||
|
HERBALIFE DISTRIBUTOR NUTRITION CLUB |
||||||||
| Status: | Closed | |||||||
| Application No. | 2640568 | Registration No. | 2150034 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | All services in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-21-2005 | Registration Date | 03-29-2007 | |||||
| Next Renewal | 03-29-2017 | |||||||
| Trademark Argentina | TM1020AR35 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2640569 | Registration No. | 2150035 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | All services in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-21-2005 | Registration Date | 03-29-2007 | |||||
| Next Renewal | 03-29-2017 | |||||||
4/745
| 3/4/2014 | Portfolio Report |
| Trademark Argentina | TM1020AR41 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2640570 | Registration No. | 2150036 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | All services in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-21-2005 | Registration Date | 03-29-2007 | |||||
| Next Renewal | 03-29-2017 | |||||||
| Trademark Argentina | TM1016AR05 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2601119 | Registration No. | 2060561 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-01-2005 | Registration Date | 01-02-2006 | |||||
| Next Renewal | 01-02-2016 | |||||||
| Trademark Argentina | TM1064AR05 | |||||||
|
KINDERMINS |
||||||||
| Status: | Closed | |||||||
| Application No. | 1970946 | Registration No. | 1874954 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-07-1995 | Registration Date | 06-05-2002 | |||||
| Next Renewal | 06-05-2012 | |||||||
5/745
| 3/4/2014 | Portfolio Report |
| Trademark Argentina | TM1049AR05 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2640571 | Registration No. | 2150037 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-21-2005 | Registration Date | 03-29-2007 | |||||
| Next Renewal | 03-29-2017 | |||||||
| Trademark Argentina | TM1049AR32 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2640572 | Registration No. | 2235870 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-21-2005 | Registration Date | 06-24-2008 | |||||
| Next Renewal | 06-24-2018 | |||||||
| Trademark Argentina | TM1081AR05 | |||||||
|
LIPO-BOND |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2116818 | Registration No. | 1873036 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-25-1997 | Registration Date | 05-24-2002 | |||||
| Next Renewal | 05-24-2012 | |||||||
| Trademark Argentina | TM1010AR32 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2640573 | Registration No. | 2150038 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-21-2005 | Registration Date | 03-29-2007 | |||||
| Next Renewal | 03-29-2017 | |||||||
6/745
| 3/4/2014 | Portfolio Report |
| Trademark Argentina | TM1021AR03 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2580524 | Registration No. | 2105919 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-01-2005 | Registration Date | 08-16-2006 | |||||
| Next Renewal | 08-16-2016 | |||||||
| Trademark Argentina | TM1021AR05 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2580525 | Registration No. | 2105920 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-01-2005 | Registration Date | 08-16-2006 | |||||
| Next Renewal | 08-16-2016 | |||||||
| Trademark Argentina | TM1021AR30 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2580526 | Registration No. | 2115992 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-01-2005 | Registration Date | 09-25-2006 | |||||
| Next Renewal | 09-25-2016 | |||||||
7/745
| 3/4/2014 | Portfolio Report |
| Trademark Argentina | TM1082AR05 | |||||||
|
NRG |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2580352 | Registration No. | 2048834 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-31-2005 | Registration Date | 10-26-2005 | |||||
| Next Renewal | 10-26-2015 | |||||||
| Trademark Argentina | TM1037AR03 | |||||||
|
RADIANT C |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2603898 | Registration No. | 2123058 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-13-2005 | Registration Date | 10-26-2006 | |||||
| Next Renewal | 10-26-2016 | |||||||
| Trademark Argentina | TM1036AR03 | |||||||
|
RADIANT C (stylized) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2300754 | Registration No. | 1962313 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-04-2000 | Registration Date | 12-02-2003 | |||||
| Next Renewal | 12-02-2013 | |||||||
| Trademark Argentina | TM1038AR30 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2530425 | Registration No. | 2046474 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2004 | Registration Date | 10-11-2005 | |||||
| Next Renewal | 10-11-2015 | |||||||
8/745
| 3/4/2014 | Portfolio Report |
| Trademark Argentina | TM1038AR32 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
2530426 | Registration No. | 2046475 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2004 | Registration Date | 10-11-2005 | |||||
| Next Renewal | 10-11-2015 | |||||||
|
Trademark Argentina |
TM1038AR44 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
|
Application No. |
2530427 | Registration No. | 2046476 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | All services in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2004 | Registration Date | 10-11-2005 | |||||
| Next Renewal | 10-11-2015 | |||||||
|
Trademark Argentina |
TM1038AR05 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
| Application No. | 2530423 | Registration No. | 2046472 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2004 | Registration Date | 10-11-2005 | |||||
| Next Renewal | 10-11-2015 | |||||||
|
Trademark Argentina |
TM1038AR29 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2530424 | Registration No. | 2046473 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2004 | Registration Date | 10-11-2005 | |||||
| Next Renewal | 10-11-2015 | |||||||
9/745
| 3/4/2014 | Portfolio Report |
| Trademark Argentina | TM1040AR05 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2530418 | Registration No. | 2072226 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2004 | Registration Date | 03-14-2006 | |||||
| Next Renewal | 03-14-2016 | |||||||
| Trademark Argentina | TM1040AR29 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Closed | |||||||
| Application No. | 2530419 | Registration No. | 2072227 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2004 | Registration Date | 03-14-2006 | |||||
| Next Renewal | 03-14-2016 | |||||||
| Trademark Argentina | TM1040AR32 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2530421 | Registration No. | 2072229 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2004 | Registration Date | 03-14-2006 | |||||
| Next Renewal | 03-14-2016 | |||||||
10/745
| 3/4/2014 | Portfolio Report |
| Trademark Argentina | TM1040AR30 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Closed | |||||||
| Application No. | 2530420 | Registration No. | 2080981 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2004 | Registration Date | 04-21-2006 | |||||
| Next Renewal | 04-21-2016 | |||||||
| Trademark Argentina | TM1040AR44 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2530422 | Registration No. | 2072230 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | All services in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2004 | Registration Date | 03-14-2006 | |||||
| Next Renewal | 03-14-2016 | |||||||
| Trademark Argentina | TM1007AR03 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2351687 | Registration No. | 1911552 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-04-2001 | Registration Date | 01-28-2003 | |||||
| Next Renewal | 01-28-2013 | |||||||
| Trademark Argentina | TM1259AR00 | |||||||
|
Soft Green, cl. 3 |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2912116 | Registration No. | 2352700 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-30-2009 | Registration Date | 03-18-2010 | |||||
| Next Renewal | 03-18-2020 | |||||||
11/745
| 3/4/2014 | Portfolio Report |
12/745
| 3/4/2014 | Portfolio Report |
| Trademark Argentina | TM1027AR16 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2828577 | Registration No. | 2280885 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-30-2008 | Registration Date | 04-03-2009 | |||||
| Next Renewal | 04-03-2019 | |||||||
| Trademark Argentina | TM1665AR05 | |||||||
|
Tri-Leaf design |
||||||||
| Status: | Registered/Granted | |||||||
| Application Type: | Without Priority | Registration No. | 2374364 | |||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All in class. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 06-07-2010 | Next Renewal | 06-07-2020 | |||||
| Trademark Argentina | TM1033AR29 | |||||||
|
TRI-SHIELD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2640574 | Registration No. | 2150039 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-21-2005 | Registration Date | 03-29-2007 | |||||
| Next Renewal | 03-29-2017 | |||||||
13/745
| 3/4/2014 | Portfolio Report |
| Trademark Armenia | TM1627AM00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application Type: | Without Priority | Registration No. | 19292 | |||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplement made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snacks; snack foods; powder for making tea-based, cocoa-based beverages; powder for making herbal food beverages; herbal teas and herbal infusions; culinary herbs; herb tea for food purposes. | |||||||
| 32 | Mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices and other preparations for making beverages; ready-to drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and on-alcoholic drinks. | |||||||
| 35 | Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-08-2012 | Next Renewal | 01-08-2022 | |||||
| Trademark Armenia | TM1650AM00 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Application Type: | Without Priority | Registration No. | 19291 | |||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplement made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snacks; snack foods; powder for making tea-based, cocoa-based beverages; powder for making herbal food beverages; herbal teas and herbal infusions; culinary herbs; herb tea for food purposes. | |||||||
| 32 | Mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices and other preparations for making beverages; ready-to drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and on-alcoholic drinks. | |||||||
| 35 | Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-08-2012 | Next Renewal | 01-08-2022 | |||||
14/745
| 3/4/2014 | Portfolio Report |
15/745
| 3/4/2014 | Portfolio Report |
| Trademark Australia | TM1214AU00 | |||||||
|
CELL-U-LESS |
||||||||
| Status: | Expired | |||||||
| Application No. | 393042 | Registration No. | 393042 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All goods in this class including products as health aids to be taken internally, including vitamins and minerals, proteins, herbs, medicinal linseed and dietary supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-22-1983 | Registration Date | 06-19-1987 | |||||
| Next Renewal | 06-22-2014 | |||||||
| Trademark Australia | TM1031AU05 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application Type: | Without Priority | Registration No. | 1331909 | |||||
| Applicant: | Herbalife International, Inc. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 11-18-2009 | Next Renewal | 11-18-2019 | |||||
| Trademark Australia | TM1068AU00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Closed/Expired | |||||||
| Application No. | 635356 | Registration No. | 635356 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely cleansers, moisturisers, toners, astringents, facial masks, facial creams, eye creams, body creams, body toning creams, body lotions, bath oils and bath gels. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-19-1994 | Registration Date | 03-15-1996 | |||||
| Next Renewal | 07-19-2014 | |||||||
16/745
| 3/4/2014 | Portfolio Report |
| Trademark Australia | TM1011AU01 | |||||||
|
Figurine Design (rainbowman - style) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 620057 | Registration No. | 620057 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements in this class consisting of herbs, all in tablet or liquid form; and all other goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-10-1994 | Registration Date | 04-12-1995 | |||||
| Next Renewal | 01-10-2021 | |||||||
| Trademark Australia | TM1080AU01 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Expired | |||||||
| Application No. | 635063 | Registration No. | 635063 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making beverages in this class including minerals and herbs for making beverages; all other goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-12-1994 | Registration Date | 03-04-1996 | |||||
| Next Renewal | 07-12-2014 | |||||||
| Trademark Australia | TM1080AU02 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Expired | |||||||
| Application No. | 665690 | Registration No. | 665690 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Herbal teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-05-1995 | Registration Date | 11-11-1996 | |||||
| Next Renewal | 07-12-2014 | |||||||
| Trademark Australia | TM1215AU00 | |||||||
|
FLORAFIBRE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 417333 | Registration No. | 417333 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Herbal preparations containing or comprising dietary fibre, being goods within Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-25-1984 | Registration Date | 05-01-1989 | |||||
| Next Renewal | 10-25-2015 | |||||||
17/745
| 3/4/2014 | Portfolio Report |
| Trademark Australia | TM1054AU00 | |||||||
|
H3O |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1183530 | Registration No. | 1183530 | |||||
| Application Type: | With Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making sports drinks; sports drinks; powder mixes and other preparations for making hydrating energy drinks for enhancing mental performance, short-term memory and fatigue reduction, including dietary supplements; hydrating, dietary and energy drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-25-2007 | Registration Date | 04-28-2008 | |||||
| Next Renewal | 06-25-2017 | |||||||
| Trademark Australia | TM1001AU02 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 714056 | Registration No. | 714056 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | Books, stationery; printed publications and printed matter. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-31-1996 | Registration Date | 07-04-1997 | |||||
| Next Renewal | 07-31-2016 | |||||||
| Trademark Australia | TM1001AU00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 385933 | Registration No. | 385933 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | All goods in this class including products in this class for application to hair and skin, such as shampoos, lotions, rinses and conditioners for hair, and cleansers, moisturizers, toners, creams, ointment, gels and lotions for skin, all the aforesaid goods containing or consisting of herbs. | |||||||
| 05 | Products as health aids to be taken internally, such as vitamins, minerals, proteins, herbs, medicinal linseed, dietary supplements and analgesics, all the aforesaid goods containing or consisting of herbs; but excluding infants and invalids milk foods. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-07-1983 | Registration Date | 12-04-1986 | |||||
| Next Renewal | 01-07-2024 | |||||||
| Trademark Australia | TM1001AU01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 386839 | Registration No. | 386839 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | All goods in this class including soups, all the aforesaid goods containing or consisting of herbs; but excluding milk and milk foods and products. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-01-1983 | Registration Date | 12-04-1986 | |||||
| Next Renewal | 02-01-2024 | |||||||
18/745
| 3/4/2014 | Portfolio Report |
| Trademark Australia | TM1006AU00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 676550 | Registration No. | 676550 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, dietetic foods, all consisting of vitamins, minerals, herbs, fibre and protein, all in tablet, powder, capsule or liquid form. | |||||||
| 30 | Beverages and teas in this class. | |||||||
| 32 | Preparations in this class including minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-25-1995 | Registration Date | 06-10-1997 | |||||
| Next Renewal | 10-25-2015 | |||||||
| Trademark Australia | TM1212AU00 | |||||||
|
HERBALIFE CHITOSAN FIBRE COMPLEX |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 944373 | Registration No. | 944373 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements including herbal supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-19-2003 | Registration Date | 10-14-2003 | |||||
| Next Renewal | 02-19-2023 | |||||||
| Trademark Australia | TM1029AU00 | |||||||
|
HERBALIFE DISTRIBUTOR NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1094345 | Registration No. | 1094345 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35, 44 | |||||||
| List of Goods | ||||||||
| 35 | Business management services, including the provision of information and advice in relation to multi-level marketing and development of business operations. | |||||||
| 44 | Information and advisory services in relation to health and nutrition. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-12-2006 | Registration Date | 08-21-2006 | |||||
| Next Renewal | 01-12-2016 | |||||||
19/745
| 3/4/2014 | Portfolio Report |
| Trademark Australia | TM1020AU00 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1094344 | Registration No. | 1094344 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35, 44 | |||||||
| List of Goods | ||||||||
| 35 | Business management services, including the provision of information and advice in relation to multi-level marketing and development of business operations. | |||||||
| 44 | Information and advisory services in relation to health and nutrition. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-12-2006 | Registration Date | 08-21-2006 | |||||
| Next Renewal | 01-12-2016 | |||||||
| Trademark Australia | TM1016AU00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 393043 | Registration No. | 393043 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Products as health aids to be taken internally, including vitamins, minerals, proteins, herbs, medicinal linseed, dietary supplements and analgesics, all the aforesaid goods containing or consisting of herbs; but excluding infants and invalids milk foods. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-22-1983 | Registration Date | 07-31-1987 | |||||
| Next Renewal | 06-22-2014 | |||||||
| Trademark Australia | TM1017AU00 | |||||||
|
HERBALIGHTS |
||||||||
| Status: | Closed | |||||||
| Application No. | 834880 | Registration No. | 834880 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 04 | |||||||
| List of Goods | ||||||||
| 04 | Aromatherapy candles. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-11-2000 | Registration Date | 03-30-2001 | |||||
| Next Renewal | 05-11-2010 | |||||||
20/745
| 3/4/2014 | Portfolio Report |
| Trademark Australia | TM1064AU00 | |||||||
|
KINDERMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 402385 | Registration No. | 402385 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All goods in this class including products as health aids to be taken internally, including vitamins and minerals, herbs, medicinal linseed and dietary supplements, formulations for combating the effects of ageing. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-17-1984 | Registration Date | 12-18-1986 | |||||
| Next Renewal | 01-17-2015 | |||||||
| Trademark Australia | TM1049AU00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1055997 | Registration No. | 1055997 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages and preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-18-2005 | Registration Date | 01-09-2006 | |||||
| Next Renewal | 05-18-2015 | |||||||
| Trademark Australia | TM1062AU00 | |||||||
|
NATURES MIRROR |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 671896 | Registration No. | 671896 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely cleansers, moisturizers, facial creams, body powders, body oils, body lotions, body creams, body soaps, body deodorants, bath oils and bath gels. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-08-1995 | Registration Date | 12-09-1996 | |||||
| Trademark Australia | TM1010AU00 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 966165 | Registration No. | 966165 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements. | |||||||
| 30 | Non-alcoholic beverages and beverage preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-14-2003 | Registration Date | 07-24-2013 | |||||
| Next Renewal | 08-14-2023 | |||||||
21/745
| 3/4/2014 | Portfolio Report |
| Trademark Australia | TM1021AU00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1051043 | Registration No. | 1051043 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 30 | |||||||
| List of Goods | ||||||||
| 03 | Personal care products, including creams, gels, lotions, washes, masks, and milks for use on the face and body. | |||||||
| 30 | Dietary and nutritional supplements for non-medicinal health purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 11-21-2005 | |||||
| Next Renewal | 04-15-2015 | |||||||
| Trademark Australia | TM1216AU00 | |||||||
|
N-R-G (graphic for label, old) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 758711 | Registration No. | 758711 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Guarana based nutritional and dietary supplements and herbal tea mixes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-31-1998 | Registration Date | 12-15-2000 | |||||
| Next Renewal | 03-31-2018 | |||||||
| Trademark Australia | TM1036AU00 | |||||||
|
RADIANT C (stylized) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 931554 | Registration No. | 931554 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Facial creams, facial cleansers, lotions, moisturizers and toners. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-22-2002 | Registration Date | 03-26-2007 | |||||
| Next Renewal | 10-22-2022 | |||||||
22/745
| 3/4/2014 | Portfolio Report |
| Trademark Australia | TM1038AU00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed/Expired | |||||||
| Application No. | 1004925 | Registration No. | 1004925 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 08, 09, 10, 14, 16, 18, 21, 25, 28, 29, 30, 31, 32, 35, 41 | |||||||
| List of Goods | ||||||||
| 03 | Personal care products; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners, and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; hair and body treatments; cosmetics. | |||||||
| 05 | Medicated personal care products; skin care products; nutritional foods and supplements; vitamin and mineral supplements in liquid, tablet, powder, or capsule form; tablet boxes; dietary food supplements in powder, capsule and tablet form made from processed oils, fats and nuts. | |||||||
| 08 | Personal grooming kits, including nail clippers, files, scissors, combs, brushes, tweezers. | |||||||
| 09 | Audio and video tapes, discs, and recordings; personal identification and business account cards. | |||||||
| 10 | Electronic devices for the purpose of assessing health and fitness of humans. | |||||||
| 14 | Tie tacs, pins, pendants, all of base or precious metals; travel clocks, cuff links; jewellery. | |||||||
| 16 | Printed matter, including product catalogues, brochures, and informational flyers; books and periodicals about human health and fitness, weight management, dietary supplement and foods, business opportunities, marketing plans, and personal achievement; writing instruments, stationery; pens. | |||||||
| 18 | Tote bags, satchels, travel bags, bags made of natural or synthetic materials. | |||||||
| 21 | Mixing implements, containers for powdered or loose food items, stirring instruments, mugs, drinking glasses and drinking containers; small domestic utensils and containers. | |||||||
| 25 | Clothing, headgear, footwear. | |||||||
| 28 | Toys, including stuffed toys, plastic figurines; games; playthings. | |||||||
| 29 | Food products in class 29 and snacks made from processed oils, fats, and nuts; foods and snacks containing herbs, marine botanicals, fungi, tree bark, natural plants and flowers, seeds, roots and bulbs. | |||||||
| 30 | Teas, powdered beverage mixes, beverages; flour and preparations made from cereals, bread, pastry and confectionery, ices; sauces (condiments); spices. | |||||||
| 31 | Fresh fruit and vegetables; grains. | |||||||
| 32 | Ready-to-drink, concentrated, or powdered non-alcoholic beverages, beverages. | |||||||
| 35 | Services to assist others with direct marketing, advertising, lead generation, order processing; direct selling; retailing; wholesaling; Internet and electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small businesses. | |||||||
| 41 | Educational and training services related to weight management and human health and fitness; educational and training programs related to multi level marketing and development of small businesses. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-03-2004 | Registration Date | 03-14-2005 | |||||
| Next Renewal | 06-03-2014 | |||||||
| Trademark Australia | TM1202AU05 | |||||||
|
ROSEGUARD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1332410 | Registration No. | 1332410 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements; food supplements including Herbs, vitamins or minerals; food supplements in tablet or capsule form including herbs, vitamins or minerals; nutritional supplements on the basis of herbs, vitamins or minerals. | |||||||
| 30 | Foodstuffs including herbs, vitamins, or minerals. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-20-2009 | Registration Date | 11-20-2009 | |||||
| Next Renewal | 11-20-2019 | |||||||
| Trademark Australia | TM1039AU00 | |||||||
|
SHAPESCAN |
||||||||
| Status: | Closed/Expired | |||||||
| Application No. | 1005149 | Registration No. | 1005149 | |||||
| Application Type: | With Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 09, 44 | |||||||
| List of Goods | ||||||||
| 09 | Hand-held instruments, gauges or devices associated with weight management products and programs; electrical and electronic devices associated with weight management programs; computer software for use in weight management programs. | |||||||
23/745
| 3/4/2014 | Portfolio Report |
24/745
| 3/4/2014 | Portfolio Report |
| Trademark Australia | TM1025AU03 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 707807 | Registration No. | 707807 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Beverages, namely teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-02-1996 | Registration Date | 05-09-1997 | |||||
| Next Renewal | 05-02-2016 | |||||||
| Trademark Australia | TM1025AU01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 582297 | Registration No. | 582297 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-13-1992 | Registration Date | 05-03-1994 | |||||
| Next Renewal | 07-13-2019 | |||||||
| Trademark Australia | TM1025AU02 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 582298 | Registration No. | 582298 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-13-1992 | Registration Date | 05-03-1994 | |||||
25/745
| 3/4/2014 | Portfolio Report |
| Trademark Australia | TM1110AU00 | |||||||
|
THERMOJETICS & Design |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 582299 | Registration No. | 582299 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-13-1992 | Registration Date | 05-03-1994 | |||||
| Next Renewal | 07-13-2019 | |||||||
| Trademark Australia | TM1110AU01 | |||||||
|
THERMOJETICS & Design |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 582300 | Registration No. | 582300 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | All goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-13-1992 | Registration Date | 05-03-1994 | |||||
| Next Renewal | 07-13-2019 | |||||||
| Trademark Australia | TM1027AU00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 635064 | Registration No. | 635064 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Haircare products, namely shampoos, rinses and conditioners; skin care products, namely cleansers, moisturizers, toners, astringents, masks, facial creams, body creams, body lotions, shaving creams, suntan oils and suntan lotions; color cosmetics, namely lipstick, eyeshadows, foundation creams and blushes; personal hygiene products, namely powders, perfumes, colognes and body oils; all other goods in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-12-1994 | Registration Date | 10-12-1995 | |||||
| Next Renewal | 07-12-2011 | |||||||
| Trademark Australia | TM1027AU01 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1094343 | Registration No. | 1094343 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 08, 09, 10, 14, 16, 18, 21, 25, 28, 29, 30, 31, 32, 35, 41 | |||||||
| List of Goods | ||||||||
| 05 | Medicated personal care products; skin care products; nutritional foods and supplements; vitamin and mineral supplements in liquid, tablet, powder, or capsule form; tablet boxes; dietary food supplements in powder, capsule and tablet form made from processed oils, fats and nuts. | |||||||
| 08 | Personal grooming kits, including nail clippers, files, scissors, combs, brushes, tweezers. | |||||||
| 09 | Audio and video tapes, discs, and recordings; personal identification and business account cards. | |||||||
| 10 | Electronic devices for the purpose of assessing health and fitness of humans. | |||||||
| 14 | Tie tacs, pins, pendants, all of base or precious metals; travel clocks, cuff links; jewellery. | |||||||
| 16 | Printed matter, including product catalogues, brochures, and informational flyers; books and periodicals about human health and fitness, weight management, dietary | |||||||
26/745
| 3/4/2014 | Portfolio Report |
27/745
| 3/4/2014 | Portfolio Report |
28/745
| 3/4/2014 | Portfolio Report |
| Trademark Austria | TM1016AT00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | AM 1799/83 | Registration No. | 104277 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-06-1983 | Registration Date | 12-12-1983 | |||||
| Next Renewal | 12-31-2013 | |||||||
| Trademark Austria | TM1025AT00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Closed/Cancelled | |||||||
| Application No. | AM 1144/94 | Registration No. | 152813 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-10-1994 | Registration Date | 05-26-1994 | |||||
| Next Renewal | 05-31-2014 | |||||||
| Trademark Azerbaijan | TM1591AZ00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | N 2013 0062 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplement made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing cooked nuts, snacks dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snacks; snack foods powder for making tea-based, cocoa beverages; powder for making herbal food beverages; herbal teas and herbal infusions; culinary herbs; herb tea for food purposes. | |||||||
| 32 | Mineral and aerated waters and other non-alcoholic beverages, fruit drinks and fruit juices and other preparations for making beverages; ready-to drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and on-alcoholic drinks. | |||||||
| 35 | Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-21-2012 | Next Renewal | 09-21-2022 | |||||
29/745
| 3/4/2014 | Portfolio Report |
| Trademark Azerbaijan | TM1589AZ00 | |||||||
|
HERBALIFE & Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | N 2013 0063 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplement made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing cooked nuts, snacks dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snacks; snack foods powder for making tea-based, cocoa beverages; powder for making herbal food beverages; herbal teas and herbal infusions; culinary herbs; herb tea for food purposes. | |||||||
| 32 | Mineral and aerated waters and other non-alcoholic beverages, fruit drinks and fruit juices and other preparations for making beverages; ready-to drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and on-alcoholic drinks. | |||||||
| 35 | Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-21-2012 | Next Renewal | 09-21-2022 | |||||
| Trademark Azerbaijan | TM1590AZ00 | |||||||
|
Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | N 2013 0061 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplement made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing cooked nuts, snacks dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snacks; snack foods powder for making tea-based, cocoa beverages; powder for making herbal food beverages; herbal teas and herbal infusions; culinary herbs; herb tea for food purposes. | |||||||
| 32 | Mineral and aerated waters and other non-alcoholic beverages, fruit drinks and fruit juices and other preparations for making beverages; ready-to drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and on-alcoholic drinks. | |||||||
| 35 | Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-21-2012 | Next Renewal | 09-21-2022 | |||||
30/745
| 3/4/2014 | Portfolio Report |
| Trademark Belarus | TM1395BY00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 20060566 | Registration No. | 29059 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 03, 05, 09, 10, 14, 16, 21, 25, 28, 29, 30, 31, 32, 35, 41, 42 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 09 | ||||||||
| 10 | ||||||||
| 14 | ||||||||
| 16 | ||||||||
| 21 | ||||||||
| 25 | ||||||||
| 28 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 31 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| 41 | ||||||||
| 42 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-2006 | Registration Date | 01-30-2009 | |||||
| Next Renewal | 02-04-2016 | |||||||
| Trademark Belarus | TM1397BY00 | |||||||
|
HERBALIFE & TRI-LEAF device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 20060567 | Registration No. | 29060 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 03, 05, 09, 10, 14, 16, 21, 25, 28, 29, 30, 31, 32, 35, 41, 42 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 09 | ||||||||
| 10 | ||||||||
| 14 | ||||||||
| 16 | ||||||||
| 21 | ||||||||
| 25 | ||||||||
| 28 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 31 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| 41 | ||||||||
| 42 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-2006 | Registration Date | 01-30-2009 | |||||
| Next Renewal | 02-24-2016 | |||||||
31/745
| 3/4/2014 | Portfolio Report |
| Trademark Belarus | TM1398BY00 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 20060563 | Registration No. | 29057 | |||||
| Application Type: | Without Priority | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-2006 | Registration Date | 01-30-2009 | |||||
| Next Renewal | 02-24-2016 | |||||||
| Trademark Belarus | TM1399BY00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006558 | Registration No. | 29054 | |||||
| Application Type: | Without Priority | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-2006 | Registration Date | 01-30-2009 | |||||
| Next Renewal | 02-24-2016 | |||||||
| Trademark Belarus | TM1400BY00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 20060559 | Registration No. | 29055 | |||||
| Application Type: | Without Priority | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-2006 | Registration Date | 01-30-2009 | |||||
| Next Renewal | 02-24-2016 | |||||||
| Trademark Belarus | TM1401BY00 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 20060557 | Registration No. | 29053 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-2006 | Registration Date | 01-30-2009 | |||||
| Next Renewal | 02-24-2016 | |||||||
32/745
| 3/4/2014 | Portfolio Report |
| Trademark Belarus | TM1539BY00 | |||||||
|
Niteworks in Cyrillic characters |
||||||||
| Status: | Pending | |||||||
| Application No. | 20133216 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic drinks, powders and concentrates for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-06-2013 | |||||||
| Trademark Belarus | TM1402BY00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006561 | Registration No. | 29056 | |||||
| Application Type: | Without Priority | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-2006 | Registration Date | 01-30-2009 | |||||
| Next Renewal | 02-24-2016 | |||||||
| Trademark Belarus | TM1404BY00 | |||||||
| RADIANT C | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 20060560 | Registration No. | 29061 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-2006 | Registration Date | 01-24-2009 | |||||
| Next Renewal | 02-24-2016 | |||||||
| Trademark Belarus | TM1403BY00 | |||||||
| RING OF LEAVES | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006556 | Registration No. | 29052 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 05, 29, 30, 32, 35, 41 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| 41 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-2006 | Registration Date | 01-30-2009 | |||||
| Next Renewal | 02-04-2016 | |||||||
33/745
| 3/4/2014 | Portfolio Report |
34/745
| 3/4/2014 | Portfolio Report |
35/745
| 3/4/2014 | Portfolio Report |
36/745
| 3/4/2014 | Portfolio Report |
37/745
| 3/4/2014 | Portfolio Report |
| Trademark Bolivia, Plurinational State of | TM1031BO05 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 43369-C | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-31-1984 | Next Renewal | 05-31-2014 | |||||
| Trademark Bolivia, Plurinational State of | TM1257BO00 | |||||||
|
Figurine |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1877 | Registration No. | C-77423 | |||||
| Application Type: | Without Priority | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-13-1994 | Registration Date | 09-03-2000 | |||||
| Next Renewal | 09-03-2010 | |||||||
|
Trademark Bolivia, Plurinational State of Figurine Design (reversed rainbowman) |
TM1080BO05 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | 3201-94 | Registration No. | 79224-C | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All goods in International Class 5, namely nutritional supplements, dietetic foods, all types of vitamins, minerals, herbs, fiber and protein, all in tablets, powders, in capsules, in liquids. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-13-1994 | Registration Date | 06-12-2000 | |||||
| Next Renewal | 06-12-2020 | |||||||
|
Trademark Bolivia, Plurinational State of Figurine Design (reversed rainbowman) |
TM1080BO30 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94-3198 | Registration No. | 77423-C | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Tea, especially herbal tea. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-13-1994 | Registration Date | 03-09-2000 | |||||
| Next Renewal | 03-09-2020 | |||||||
38/745
| 3/4/2014 | Portfolio Report |
39/745
| 3/4/2014 | Portfolio Report |
40/745
| 3/4/2014 | Portfolio Report |
| Trademark Bolivia, Plurinational State of | TM1020BO41 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Closed | |||||||
| Application No. | SM-3521-2004 | Registration No. | 101800-C | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-03-2004 | Registration Date | 12-16-2005 | |||||
| Next Renewal | 12-16-2015 | |||||||
| Trademark Bolivia, Plurinational State of | TM1016BO05 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 43368-C | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-1984 | Next Renewal | 05-30-2014 | |||||
| Trademark Bolivia, Plurinational State of | TM1064BO05 | |||||||
|
KINDERMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 44301-C | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 10-16-1985 | Next Renewal | 10-16-2015 | |||||
| Trademark Bolivia, Plurinational State of | TM1085BO32 | |||||||
|
LIFE & VICTORY |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94-2051 | Registration No. | 72302-C | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-07-1994 | Registration Date | 04-05-1999 | |||||
| Next Renewal | 04-05-2019 | |||||||
41/745
| 3/4/2014 | Portfolio Report |
42/745
| 3/4/2014 | Portfolio Report |
43/745
| 3/4/2014 | Portfolio Report |
44/745
| 3/4/2014 | Portfolio Report |
45/745
| 3/4/2014 | Portfolio Report |
46/745
| 3/4/2014 | Portfolio Report |
47/745
| 3/4/2014 | Portfolio Report |
| Trademark Bolivia, Plurinational State of | TM1025BO30 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 68573 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-23-1997 | Next Renewal | 07-23-2017 | |||||
| Trademark Bolivia, Plurinational State of | TM1025BO32 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 68574 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-23-1997 | Next Renewal | 07-23-2017 | |||||
| Trademark Bolivia, Plurinational State of | TM1027BO32 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | SM-4670-2005 | Registration No. | 105609-C | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-12-2005 | Registration Date | 09-25-2006 | |||||
| Next Renewal | 09-25-2016 | |||||||
| Trademark Bolivia, Plurinational State of | TM1027BO03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | SM-1242-2001 | Registration No. | 88111-C | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 04-18-2001 | Registration Date | 09-06-2002 | |||||
| Next Renewal | 09-06-2022 | |||||||
48/745
| 3/4/2014 | Portfolio Report |
49/745
| 3/4/2014 | Portfolio Report |
50/745
| 3/4/2014 | Portfolio Report |
| Trademark Bosnia & Herzegovina | TM1080BA00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Closed | |||||||
| Application No. | BAZ983215A | Registration No. | BAZ983215 | |||||
| Application Type: | Without Priority | |||||||
51/745
| 3/4/2014 | Portfolio Report |
| Trademark Bosnia & Herzegovina | TM1006BA01 | |||||
| HERBALIFE & Design | ||||||
| Status: | Registered/Granted | |||||
| Application | BAZ069803A | Registration No. BAZ069803 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 03, 05, 09, 10, 14, 16, 21, 25, 28, 29, 30, 31, 32, 35, 41, 42 | |||||
| List of Goods | ||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners, and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||
| 05 | Dietetic substances; herbs, herbal preparations, herb teas, roots, drinks; additives for foodstuffs; skin care products; nutritional foods and supplements; vitamin and mineral supplements in tablet, powder, or capsule form; dietary products. | |||||
| 09 | Audio and video tapes, discs, and recordings; personal identification and business account cards; electronic publications. | |||||
| 10 | Electronic devices for the purposes of assessing health and fitness of humans; massage apparatus. | |||||
| 14 | Goods in precious metals or coated therewith; jewellery; precious stones; tie tacs, pins, pendants, of base or precious metals; travel clocks; cuff links; clocks, watches; parts and fittings for the aforesaid goods. | |||||
| 16 | Printed matter; printed publications; pens; bags; products catalogues, brochures, and informational flyers; books and periodicals about human health and fitness, weight management, dietary supplements and foods, business opportunities, marketing plans, and personal achievement. | |||||
| 21 | Household or kitchen utensils, porcelain and earthenware; mugs, cups, glassware, tablet boxes, containers for powdered or loose food items, stirring instruments. | |||||
| 25 | Clothing, footwear, headgear. | |||||
| 28 | Toys, stuffed toys, plastic figurines being toys, games and playthings. | |||||
| 29 | Foods and snacks made from processed oils, fats and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption; herbal preparations. | |||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snacks; snack foods; powder for making beverages; herbal preparations. | |||||
| 31 | Fresh herb preparations (other than for medicinal purposes), marine botanicals, fungi, tree bark, natural plants and flowers, seeds, roots, and bulbs. | |||||
| 32 | Mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages; ready-to-drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and non-alcoholic drinks. | |||||
| 35 | Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||
| 41 | Educational and training programs related to weight management and human health and fitness; educational and training programs related to multi-level marketing and development of small businesses. | |||||
| 42 | Providing and design of web spaces related to weight management, human health and fitness, multi-level marketing, and development of small businesses. | |||||
| Diary Dates: | ||||||
| Application | 03-16-2006 | Registration Date 04-15-2010 | ||||
| Date | ||||||
| Next Renewal | 03-16-2016 | |||||
52/745
| 3/4/2014 | Portfolio Report |
53/745
| 3/4/2014 | Portfolio Report |
54/745
| 3/4/2014 | Portfolio Report |
55/745
| 3/4/2014 | Portfolio Report |
56/745
| 3/4/2014 | Portfolio Report |
57/745
| 3/4/2014 | Portfolio Report |
58/745
| 3/4/2014 | Portfolio Report |
59/745
| 3/4/2014 | Portfolio Report |
60/745
| 3/4/2014 | Portfolio Report |
| Trademark Botswana | TM1045BW00 | |||||
| vegetACE | ||||||
| Status: | Registered/Granted | |||||
| Application | BW/M/07/00456 | Registration No. BW/M/07/00456 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. | |||||
| Diary Dates: | ||||||
| Application | 07-10-2007 | Registration Date 02-26-2008 | ||||
| Date | ||||||
| Next Renewal | 07-10-2017 | |||||
| Trademark Brazil | TM1619BR05 | |||||
| 24 graphic | ||||||
| Status: | Pending | |||||
| Application | 906915732 | |||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | Nutritional and dietary supplements. | |||||
| Diary Dates: | ||||||
| Application | 10-21-2013 | |||||
| Date | ||||||
| Trademark Brazil | TM1620BR32 | |||||
| 24 graphic | ||||||
| Status: | Pending | |||||
| Application | 906915740 | |||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 32 | |||||
| List of Goods | ||||||
| 32 | Preparations for making non-alcoholic drinks. | |||||
| Diary Dates: | ||||||
| Application | 10-21-2013 | |||||
| Date | ||||||
| Trademark Brazil | TM1031BR05 | |||||
| CELL-U-LOSS | ||||||
| Status: | Registered/Granted | |||||
| Application | 812036808 | Registration No. 812036808 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | Local Classes 5.15 and 5.18: Drugs that act on the digestive tract and accessory glands. Drugs that act on the endocrine functions and on the metabolism. | |||||
| Diary Dates: | ||||||
| Application | 06-14-1985 | Registration Date 11-17-1987 | ||||
| Date | ||||||
| Next Renewal | 11-17-2017 | |||||
61/745
| 3/4/2014 | Portfolio Report |
| Trademark Brazil | TM1069BR03 | |||||
| DINOKIDS | ||||||
| Status: | Closed | |||||
| Application | 819473308 | Registration No. 819473308 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 03 | |||||
| List of Goods | ||||||
| 03 | Local Class 3.20 | |||||
| Diary Dates: | ||||||
| Application | 09-11-1996 | Registration Date 07-20-1999 | ||||
| Date | ||||||
| Next Renewal | 07-20-2009 | |||||
| Trademark Brazil | TM1287BR00 | |||||
| ESPACO VIDA SAUDAVEL | ||||||
| Status: | Pending | |||||
| Application | 830953345 | Registration No. 830953345 | ||||
| No. | ||||||
| Application | Priority Founding | |||||
| Type: | ||||||
| Classes: | 35 | |||||
| List of Goods | ||||||
| 35 | ||||||
| Diary Dates: | ||||||
| Application | 03-10-2011 | |||||
| Date | ||||||
| Trademark Brazil | TM1084BR41 | |||||
| ESPAÇO VIDA SAUDÁVEL HERBALIFE (stylized) | ||||||
| Status: | Registered/Granted | |||||
| Application | 827270879 | Registration No. 827270879 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 41 | |||||
| List of Goods | ||||||
| 41 | Educational and training programs related to the control of weight, health and fitness, involving entertainment, sports and cultural activities. All included in this class. | |||||
| Diary Dates: | ||||||
| Application | 03-23-2005 | Registration Date 10-16-2007 | ||||
| Date | ||||||
| Next Renewal | 10-16-2017 | |||||
| Trademark Brazil | TM1084BR44 | |||||
| ESPAÇO VIDA SAUDÁVEL HERBALIFE (stylized) | ||||||
| Status: | Registered/Granted | |||||
| Application | 827280860 | Registration No. 827270860 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 44 | |||||
| List of Goods | ||||||
| 44 | Body hygiene and beauty services rendered by companies or individuals to humans. All included in this class. | |||||
| Diary Dates: | ||||||
| Application | 03-23-2005 | Registration Date 10-16-2007 | ||||
| Date | ||||||
| Next Renewal | 10-16-2017 | |||||
62/745
| 3/4/2014 | Portfolio Report |
| Trademark Brazil | TM1431BR00 | |||||
| ESPACO VIDA SUADAVEL | ||||||
| Status: | Pending | |||||
| Application | 830953345 | |||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Classes: | 35 | |||||
| List of Goods | ||||||
| 35 | Advertising; business management; business administration; office functions. | |||||
| Diary Dates: | ||||||
| Application | 02-18-2008 | |||||
| Date | ||||||
| Trademark Brazil | TM1228BR05 | |||||
| FIBER COMPLEX | ||||||
| Status: | Pending | |||||
| Application | 900378441 | |||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | ||||||
| Diary Dates: | ||||||
| Application | 07-02-2007 | |||||
| Date | ||||||
| Trademark Brazil | TM1107BR05 | |||||
| FIBERBOND | ||||||
| Status: | Registered/Granted | |||||
| Application | 821844016 | Registration No. 821844016 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | Nutritional and dietary supplements. | |||||
| Diary Dates: | ||||||
| Application | 07-23-1999 | Registration Date 11-11-2003 | ||||
| Date | ||||||
| Next Renewal | 11-11-2013 | |||||
| Trademark Brazil | TM1080BR35 | |||||
| Figurine Design (reversed rainbowman) | ||||||
| Status: | Closed | |||||
| Application | 817926950 | Registration No. 817926950 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 35 | |||||
| List of Goods | ||||||
| 35 | Local Class 35.20 | |||||
| Diary Dates: | ||||||
| Application | 07-28-1994 | Registration Date 10-01-1996 | ||||
| Date | ||||||
| Next Renewal | 10-01-2016 | |||||
63/745
| 3/4/2014 | Portfolio Report |
| Trademark Brazil | TM1080BR05 | |||||
| Figurine Design (reversed rainbowman) | ||||||
| Status: | Registered/Granted | |||||
| Application | 817926941 | Registration No. 817926941 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | Local Class 5.50 | |||||
| Diary Dates: | ||||||
| Application | 07-28-1994 | Registration Date 10-01-1996 | ||||
| Date | ||||||
| Next Renewal | 10-01-2016 | |||||
| Trademark Brazil | TM1080BR30 | |||||
| Figurine Design (reversed rainbowman) | ||||||
| Status: | Registered/Granted | |||||
| Application | 817926976 | Registration No. 817926976 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 30 | |||||
| List of Goods | ||||||
| 30 | Local Class 30.20: Herbs for infusion. | |||||
| Diary Dates: | ||||||
| Application | 07-28-1994 | Registration Date 10-01-1996 | ||||
| Date | ||||||
| Next Renewal | 10-01-2016 | |||||
| Trademark Brazil | TM1054BR32 | |||||
| H3O | ||||||
| Status: | Pending | |||||
| Application | 900580534 | |||||
| No. | Registration No. 900580534 | |||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 32 | |||||
| List of Goods | ||||||
| 32 | ||||||
| Diary Dates: | ||||||
| Application | 10-26-2007 | |||||
| Date | ||||||
64/745
| 3/4/2014 | Portfolio Report |
| Trademark Brazil | TM1001BR30 | |||||
| HERBALIFE | ||||||
| Status: | Pending | |||||
| Application | 827967810 | |||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 30 | |||||
| List of Goods | ||||||
| 30 | Cereal preparations and preparations of protein, including cereal bars and protein bar. | |||||
| Diary Dates: | ||||||
| Application | 12-06-2005 | |||||
| Date | ||||||
| Trademark Brazil | TM1001BR3001 | |||||
| HERBALIFE | ||||||
| Status: | Registered/Granted | |||||
| Application | 817948708 | Registration No. 817948708 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 30 | |||||
| List of Goods | ||||||
| 30 | Local Class 30.20: Herbs for infusion. | |||||
| Diary Dates: | ||||||
| Application | 08-26-1994 | Registration Date 07-01-1997 | ||||
| Date | ||||||
| Next Renewal | 07-01-2017 | |||||
| Trademark Brazil | TM1001BR03 | |||||
| HERBALIFE | ||||||
| Status: | Registered/Granted | |||||
| Application | 817948686 | Registration No. 817948686 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 03 | |||||
| List of Goods | ||||||
| 03 | Local Class 3.20: Perfumery and toilet articles and toilet articles in general. | |||||
| Diary Dates: | ||||||
| Application | 08-26-1994 | Registration Date 04-29-1997 | ||||
| Date | ||||||
| Next Renewal | 04-29-2017 | |||||
| Trademark Brazil | TM1001BR0501 | |||||
| HERBALIFE | ||||||
| Status: | Registered/Granted | |||||
| Application | 812036751 | Registration No. 812036751 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | Local Classes 5.15 and 5.18: Pharmaceutical preparations, vitamins, minerals, dietary supplements, protein, dietary supplements, medicinal supplements and human conditioning in all forms, including tablets, liquids, capsules and powders; medicinal broths. | |||||
| Diary Dates: | ||||||
| Application | 06-14-1985 | Registration Date 08-14-1990 | ||||
| Date | ||||||
| Next Renewal | 08-13-2020 | |||||
65/745
| 3/4/2014 | Portfolio Report |
| Trademark Brazil | TM1001BR35 | |||||
| HERBALIFE | ||||||
| Status: | Registered/Granted | |||||
| Application | 817948716 | Registration No. 817948716 | ||||
| No. | ||||||
| Application | Priority Founding | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 35 | |||||
| List of Goods | ||||||
| 35 | Local Class 35.20: Substances for the preparation of beverages in general. | |||||
| Diary Dates: | ||||||
| Application | 08-26-1994 | Registration Date 04-08-1997 | ||||
| Date | ||||||
| Next Renewal | 04-08-2017 | |||||
| TrademarkBrazil | TM1001BR05 | |||||
| HERBALIFE | ||||||
| Status: | Registered/Granted | |||||
| Application | 817948694 | Registration No. 817948694 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | Local Class 5.50: Chemicals and related products for the defense and protection of health. | |||||
| Diary Dates: | ||||||
| Application | 08-26-1994 | Registration Date 04-08-1997 | ||||
| Date | ||||||
| Next Renewal | 04-08-2017 | |||||
| TrademarkBrazil | TM1217BR41 | |||||
| HERBALIFE HEALTHY LIVING CENTER (stylized) | ||||||
| Status: | Registered/Granted | |||||
| Application | 827270887 | Registration No. 827270887 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 41 | |||||
| List of Goods | ||||||
| 41 | Educational and training programs related to the control of weight, health and fitness, involving entertainment, sports and cultural activites. All included in this class. | |||||
| Diary Dates: | ||||||
| Application | 03-23-2005 | Registration Date 10-16-2007 | ||||
| Date | ||||||
| Next Renewal | 10-16-2017 | |||||
| TrademarkBrazil | TM1217BR44 | |||||
| HERBALIFE HEALTHY LIVING CENTER (stylized) | ||||||
| Status: | Registered/Granted | |||||
| Application | 827270895 | Registration No. 827270895 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 44 | |||||
| List of Goods | ||||||
| 44 | Body hygiene and beauty services rendered by companies or individuals to humans. All included in this class. | |||||
| Diary Dates: | ||||||
| Application | 03-23-2005 | Registration Date 10-16-2007 | ||||
| Date | ||||||
| Next Renewal | 10-16-2017 | |||||
66/745
| 3/4/2014 | Portfolio Report |
| Trademark Brazil | TM1211BR30 | |||||
| HERBALIFE PROTEIN BAR | ||||||
| Status: | Registered/Granted | |||||
| Application | 827967802 | Registration No. 827967802 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 29 | |||||
| List of Goods | ||||||
| 29 | ||||||
| Diary Dates: | ||||||
| Application | 12-06-2005 | Registration Date 07-03-2012 | ||||
| Date | ||||||
| Next Renewal | 07-03-2022 | |||||
| Trademark Brazil | TM1016BR05 | |||||
| HERBALIFELINE | ||||||
| Status: | Registered/Granted | |||||
| Application | 812036794 | Registration No. 812036794 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | Local Classes 5.15 and 5.18 | |||||
| Diary Dates: | ||||||
| Application | 06-14-1985 | Registration Date 11-17-1987 | ||||
| Date | ||||||
| Next Renewal | 11-17-2017 | |||||
| Trademark Brazil | TM1049BR32 | |||||
| LIFTOFF | ||||||
| Status: | Registered/Granted | |||||
| Application | 828464715 | Registration No. 828464715 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 32 | |||||
| List of Goods | ||||||
| 32 | ||||||
| Diary Dates: | ||||||
| Application | 06-23-2006 | Registration Date 08-19-2008 | ||||
| Date | ||||||
| Next Renewal | 08-19-2018 | |||||
67/745
| 3/4/2014 | Portfolio Report |
| Trademark Brazil | TM1010BR05 | |||||
| NITEWORKS | ||||||
| Status: | Registered/Granted | |||||
| Application | 828028761 | Registration No. 828028761 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | ||||||
| Diary Dates: | ||||||
| Application | 12-21-2005 | Registration Date 02-06-2008 | ||||
| Date | ||||||
| Next Renewal | 02-06-2018 | |||||
| Trademark Brazil | TM1010BR32 | |||||
| NITEWORKS | ||||||
| Status: | Registered/Granted | |||||
| Application | 828013535 | Registration No. 828013535 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 32 | |||||
| List of Goods | ||||||
| 32 | ||||||
| Diary Dates: | ||||||
| Application | 12-21-2005 | Registration Date 02-06-2008 | ||||
| Date | ||||||
| Next Renewal | 02-06-2018 | |||||
| Trademark Brazil | TM1021BR03 | |||||
| NOURIFUSION | ||||||
| Status: | Registered/Granted | |||||
| Application | 827312601 | Registration No. 827312601 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 03 | |||||
| List of Goods | ||||||
| 03 | Creams, gels, lotions, washes, masks, and milks for use on the face and body, inclusively for cleansing and bathing. | |||||
| Diary Dates: | ||||||
| Application | 04-06-2005 | Registration Date 10-16-2007 | ||||
| Date | ||||||
| Next Renewal | 10-16-2017 | |||||
| Trademark Brazil | TM1021BR30 | |||||
| NOURIFUSION | ||||||
| Status: | Registered/Granted | |||||
| Application | 827312598 | Registration No. 827312598 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 30 | |||||
| List of Goods | ||||||
| 30 | Dietary and nutritional supplements for non-medicinal health purpose (all included in this class). | |||||
| Diary Dates: | ||||||
| Application | 04-06-2005 | Registration Date 10-16-2007 | ||||
| Date | ||||||
| Next Renewal | 10-16-2017 | |||||
68/745
| 3/4/2014 | Portfolio Report |
| Trademark Brazil | TM1082BR05 | |||||
| NRG | ||||||
| Status: | Registered/Granted | |||||
| Application | 812036778 | Registration No. 812036778 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | Local Classes 5.15 and 5.18 | |||||
| Diary Dates: | ||||||
| Application | 06-14-1985 | Registration Date11-17-1987 | ||||
| Date | ||||||
| Next Renewal | 11-17-2017 | |||||
| Trademark Brazil | TM1082BR30 | |||||
| NRG | ||||||
| Status: | Pending | |||||
| Application | 829064230 | |||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 30 | |||||
| List of Goods | ||||||
| 30 | ||||||
| Diary Dates: | ||||||
| Application | 03-27-2007 | |||||
| Date | ||||||
| Trademark Brazil | TM1082BR32 | |||||
| NRG | ||||||
| Status: | Pending | |||||
| Application | 829064249 | |||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 32 | |||||
| List of Goods | ||||||
| 32 | ||||||
| Diary Dates: | ||||||
| Application | 03-27-2007 | |||||
| Date | ||||||
| Trademark Brazil | TM1036BR03 | |||||
| RADIANT C (stylized) | ||||||
| Status: | Registered/Granted | |||||
| Application | 822982560 | Registration No. 822982560 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 03 | |||||
| List of Goods | ||||||
| 03 | ||||||
| Diary Dates: | ||||||
| Application | 07-18-2000 | Registration Date 05-15-2007 | ||||
| Date | ||||||
| Next Renewal | 05-15-2017 | |||||
69/745
| 3/4/2014 | Portfolio Report |
| Trademark Brazil | TM1040BR30 | |||||
| SHAPEWORKS | ||||||
| Status: | Closed | |||||
| Application | 826452574 | Registration No. 826452574 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International of America, Inc. | |||||
| Classes: | 30 | |||||
| List of Goods | ||||||
| 30 | ||||||
| Diary Dates: | ||||||
| Application | 04-30-2004 | Registration Date 10-30-2007 | ||||
| Date | ||||||
| Next Renewal | 10-30-2017 | |||||
| Trademark Brazil | TM1040BR32 | |||||
| SHAPEWORKS | ||||||
| Status: | Closed | |||||
| Application | 826452566 | Registration No. 826452566 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International of America, Inc. | |||||
| Classes: | 32 | |||||
| List of Goods | ||||||
| 32 | ||||||
| Diary Dates: | ||||||
| Application | 04-30-2004 | Registration Date 09-11-2007 | ||||
| Date | ||||||
| Next Renewal | 09-11-2017 | |||||
| Trademark Brazil | TM1040BR29 | |||||
| SHAPEWORKS | ||||||
| Status: | Closed | |||||
| Application | 826452531 | Registration No. 826452531 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International of America, Inc. | |||||
| Classes: | 29 | |||||
| List of Goods | ||||||
| 29 | ||||||
| Diary Dates: | ||||||
| Application | 04-30-2004 | Registration Date 10-30-2007 | ||||
| Date | ||||||
| Next Renewal | 10-30-2017 | |||||
70/745
| 3/4/2014 | Portfolio Report |
| Trademark Brazil | TM1007BR03 | |||||
| SKIN ACTIVATOR | ||||||
| Status: | Pending | |||||
| Application | 823599779 | |||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 03 | |||||
| List of Goods | ||||||
| 03 | ||||||
| Diary Dates: | ||||||
| Application | 07-25-2001 | |||||
| Date | ||||||
| Trademark Brazil | TM1089BR03 | |||||
| SOFT GREEN | ||||||
| Status: | Pending | |||||
| Application | 900347988 | |||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 03 | |||||
| List of Goods | ||||||
| 03 | ||||||
| Diary Dates: | ||||||
| Application | 06-11-2007 | |||||
| Date | ||||||
| Trademark Brazil | TM1089BR030 | |||||
| SOFT GREEN | ||||||
| Status: | Pending | |||||
| Application | 904570207 | |||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 03 | |||||
| List of Goods | ||||||
| 03 | ||||||
| Patent | Brazil | P1004BR00 | ||||
| TABLET LEAF IMPRINT DESIGN | ||||||
| Status: | Registered/Granted | |||||
| Application | DI7005616-1 | Patent No. DI7005616-1 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Diary Dates: | ||||||
| Application | 11-25-2010 | Registration Date 10-04-2011 | ||||
| Date | ||||||
| Duration | 11-26-2030 | Next Annuity 02-25-2013 | ||||
| Trademark Brazil | TM1042BR05 | |||||
| THERMO COMPLETE | ||||||
| Status: | Pending | |||||
| Registration No. 904182320 | ||||||
| Application | 904182320 | |||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| Diary Dates: | ||||||
| Application | 10-24-2011 | |||||
| Date | ||||||
71/745
| 3/4/2014 | Portfolio Report |
| Trademark Brazil | TM1218BR05 | |||||
| THERMO GREEN | ||||||
| Status: | Registered/Granted | |||||
| Application | 826136990 | Registration No. 826136990 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | ||||||
| Diary Dates: | ||||||
| Application | 12-17-2003 | Registration Date 07-31-2007 | ||||
| Date | ||||||
| Next Renewal | 07-31-2017 | |||||
| Trademark Brazil | TM1027BR03 | |||||
| Tri-Leaf Design | ||||||
| Status: | Registered/Granted | |||||
| Application | 817927000 | Registration No. 817927000 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 03 | |||||
| List of Goods | ||||||
| 03 | ||||||
| Diary Dates: | ||||||
| Application | 07-28-1994 | Registration Date 07-21-1998 | ||||
| Date | ||||||
| Next Renewal | 07-21-2018 | |||||
| Trademark Brazil | TM1027BR05 | |||||
| Tri-Leaf Design | ||||||
| Status: | Registered/Granted | |||||
| Application | 817926992 | Registration No. 817926992 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | Local Class 5.50: Healthcare substances and related products. | |||||
| Diary Dates: | ||||||
| Application | 07-28-1994 | Registration Date 10-01-1996 | ||||
| Date | ||||||
| Next Renewal | 10-01-2016 | |||||
72/745
| 3/4/2014 | Portfolio Report |
| Trademark Brazil | TM1027BR16 | |||||
| Tri-Leaf Design | ||||||
| Status: | Registered/Granted | |||||
| Application | 817926984 | Registration No. 817926984 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 16 | |||||
| List of Goods | ||||||
| 16 | Local Class 16.20 | |||||
| Diary Dates: | ||||||
| Application | 07-28-1994 | Registration Date 05-05-1998 | ||||
| Date | ||||||
| Next Renewal | 05-05-2018 | |||||
| Trademark Brazil | TM1027BR30 | |||||
| Tri-Leaf Design | ||||||
| Status: | Registered/Granted | |||||
| Application | 817927018 | Registration No. 817927018 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 30 | |||||
| List of Goods | ||||||
| 30 | Herbs for infusion. | |||||
| Diary Dates: | ||||||
| Application | 07-28-1994 | Registration Date 10-01-1996 | ||||
| Date | ||||||
| Next Renewal | 10-01-2016 | |||||
| Trademark Brazil | TM1027BR3001 | |||||
| Tri-Leaf Design | ||||||
| Status: | Registered/Granted | |||||
| Application | 827967829 | Registration No. 827967829 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 30 | |||||
| List of Goods | ||||||
| 30 | ||||||
| Diary Dates: | ||||||
| Application | 12-06-2005 | Registration Date 02-10-2009 | ||||
| Date | ||||||
| Next Renewal | 02-10-2019 | |||||
| Trademark Brazil | TM1027BR32 | |||||
| Tri-Leaf Design | ||||||
| Status: | Registered/Granted | |||||
| Application | 817927026 | Registration No. 817927026 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 32 | |||||
| List of Goods | ||||||
| 32 | Local Class 35.20: Substances for the preparation of beverages in general. | |||||
| Diary Dates: | ||||||
| Application | 07-28-1994 | Registration Date 10-01-1996 | ||||
| Date | ||||||
| Next Renewal | 10-01-2016 | |||||
73/745
| 3/4/2014 | Portfolio Report |
74/745
| 3/4/2014 | Portfolio Report |
| Trademark Bulgaria | TM1001BG01 | |||||
| HERBALIFE | ||||||
| Status: | Registered/Granted | |||||
| Application | 84915 | Registration No. 62612 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 03, 05, 09, 10, 14, 16, 21, 25, 28, 29, 30, 31, 32, 35, 41, 42 | |||||
| List of Goods | ||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices as well as cosmetic hair care products, shampoos, cosmetic conditioners, hair styling sprays, cosmetic gels and pomades; cosmetic products for facial care like facial creams, lotions, gels, milks, beauty masks, exfoliants, toners and sprays; cosmetic hand care products like lotions, creams, gels, preparations for washing and with strong peeling effect; cosmetic body care products like creams, lotions, washing preparations, gels, exfoliants; shaving toiletries for men; fragrances, aromatic and aromatizing products included in this class; abrasive or exfoliant disposable cloths soaked with cosmetic lotions; cosmetic skin whitening products, cosmetic skin care products. | |||||
| 05 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides as well as medicinal herbs, herbal preparations, herb teas, roots, drinks all for medical use; additive for foodstuff for medical use; skin care products for medical use; nutritional foods and supplements, vitamins and minerals in tablet, powder and capsule form all for medical use; dietary products, dietary supplements in powder, capsule, or tablet form, made from processed oils, fats and nuts; dietary supplements in powder, capsule, or tablet form, made from processed oils, fats, and nuts all for medical purposes. | |||||
| 09 | Magnetic data carriers, compact discs (audio, video, multi-media recordings); encoded personal identification and business account cards; electronic publications which can be transferred to another data carrier. | |||||
| 10 | Medical apparatus and instruments including electronic apparatus and instruments for assessing health and fitness of humans; massage apparatus and appliances included in this class. | |||||
| 14 | Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments including tie tags, pins, pendants, of the base or precious metals; travel clocks; cuff links; parts and fittings for the aforesaid goods included in this class. | |||||
| 16 | Paper, cardboard and goods made from these materials, not included in other classes; printed matter; stationery; instructional materials (except apparatus); plastic materials for packaging (not included in other classes) including printed matter and publications; pencils, pens and other devices for writing; bags made of paper or polyethylene; product catalogues, brochures and informational flyers; books and periodicals about human health and fitness, weight management, dietary supplements and foods, business opportunities, marketing plans and personal achievement in any field. | |||||
| 21 | Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool for household purposes; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes including porcelain and earthenware mugs, cups, glassware; tablet boxes and containers made of non-precious metal for powdered or loose food items, stirring appliances all included in this class. | |||||
| 25 | Clothing, footwear, headgear and other articles for the head. | |||||
| 28 | Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees namely toys and stuffed toys, plastic figurines being toys. | |||||
| 29 | Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk products; edible oils and fats including foods and snacks made from processed oils, fats, and nuts; nutritional supplements in powder, capsule, or tablete form, made from processed oils, fats, and nuts included in this class; snack foods, snacks containing cooked nuts, dried nuts, roasted soy nuts, protein, powdered protein for human consumption. | |||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ices, including coffee, chocolate and tea based beverages; snacks, snack foods; powder for making beverages included in this class; herbal teas for non-medical use. | |||||
| 31 | Agricultural, horticultural and forestry products and grains not included in other classes; fresh fruits and vegetables; seeds for planting, natural plants and flowers; fresh herb products (other than for medical purposes), seaweeds intended for use as human and animal food; fresh fungi, raw tree bark, wild plants and flowers, seeds, roots and bulbs, not included in other classes. | |||||
| 32 | Beer; non-alcoholic beverages, mineral and aerated waters; fruit drinks and fruit juices; syrups and other preparations for making beverages including in powdered and concentrated form. | |||||
| 35 | Advertising; business management; business administration; office functions including services to assist others with direct marketing, advertising; consulting services related to providing ideas and business plans in connection with lead generation, order processing, and payment processing all for supporting the organization and management of business and trade; services for management of computer files for electronic data management and management of data related to weight control, human health and fitness, multi level marketing, and development of small business. | |||||
| 41 | Education; providing of training; entertainment; sporting and cultural activities including educational and training programs related to weight management and human health and fitness; educational and training programs related to multi-level marketing and development of small business. | |||||
| 42 | Planning and development of computer software including providing and design of web pages and web portals for others, related to weight management, human health and fitness, multi level marketing, and development of small business. | |||||
| Diary Dates: | ||||||
| Application | 02-22-2006 | Registration Date 12-19-2007 | ||||
| Date | ||||||
| Next Renewal | 02-22-2016 | |||||
75/745
| 3/4/2014 | Portfolio Report |
76/745
| 3/4/2014 | Portfolio Report |
| Trademark Bulgaria | TM1029BG00 | |||||
| HERBALIFE DISTRIBUTOR NUTRITION CLUB | ||||||
| Status: | Pending | |||||
| Application | 84875 | |||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 41 | |||||
| List of Goods | ||||||
| 41 | ||||||
| Diary Dates: | ||||||
| Application | 02-21-2006 | |||||
| Date | ||||||
| Trademark Bulgaria | TM1020BG00 | |||||
| HERBALIFE NUTRITION CLUB | ||||||
| Status: | Closed/Registered | |||||
| Application | 84874 | Registration No. 62400 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 41 | |||||
| List of Goods | ||||||
| 41 | Education; providing of training; entertainment; sporting and cultural activities namely education through exchange of news and information in the fields of health, nutrition, fitness, marketing (including multi level marketing, direct marketing and marketing through personal sales of distributors) and development of small business; providing of information about human nutrition and information about operating and functioning of small business enterprises. | |||||
| Diary Dates: | ||||||
| Application | 02-21-2006 | Registration Date 12-12-2007 | ||||
| Date | ||||||
| Trademark Bulgaria | TM1016BG00 | |||||
| HERBALIFELINE | ||||||
| Status: | Registered/Granted | |||||
| Application | 84879 | Registration No. 62627 | ||||
| No. | ||||||
| Application | Without Priority | |||||
| Type: | ||||||
| Applicant: | Herbalife International, Inc. | |||||
| Classes: | 05 | |||||
| List of Goods | ||||||
| 05 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides namely dietary and food supplements, vitamins, minerals and preparations made there from; health food supplements, fish oils, fish oil capsules, omega 3 fatty acids, including in the form of capsules, marine lipids, drinks predominantly of vitamins and/or minerals, herbs, herb extracts (non-prescription). | |||||
| Diary Dates: | ||||||
| Application | 02-21-2006 | Registration Date 12-20-2007 | ||||
| Date | ||||||
| Next Renewal | 02-21-2016 | |||||
77/745
| 3/4/2014 | Portfolio Report |
78/745
| 3/4/2014 | Portfolio Report |
79/745
| 3/4/2014 | Portfolio Report |
80/745
| 3/4/2014 | Portfolio Report |
81/745
| 3/4/2014 | Portfolio Report |
82/745
| 3/4/2014 | Portfolio Report |
83/745
| 3/4/2014 | Portfolio Report |
| Trademark Cambodia | TM1027KH03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
KH/T/2012/48288 | Registration No. | KH/45935/13 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
| Diary Dates: | ||||||||
|
Registration Date |
05-16-2013 | Next Renewal | 10-05-2022 | |||||
| Trademark Cambodia | TM1027KH05 | |||||||
| Tri-Leaf Design | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
KH/T/2012/48289 | Registration No. | KH/45936/13 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplement made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| Diary Dates: | ||||||||
|
Registration Date |
05-16-2013 | Next Renewal | 10-05-2022 | |||||
| Trademark Cambodia | TM1027KH29 | |||||||
| Tri-Leaf Design | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
KH/T/2012/48290 | Registration No. | KH/45937/13 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 05-16-2013 | Next Renewal | 10-05-2022 | |||||
| Trademark Cambodia | TM1027KH30 | |||||||
| Tri-Leaf Design | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
KH/T/2012/48291 | Registration No. | KH/45938/13 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snacks; snack foods; powder for making tea-based, cocoa-based beverages; powder for making herbal food beverages; herbal teas and herbal infusions; culinary herbs; herb tea for food purposes. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 05-16-2013 | Next Renewal | 10-05-2022 | |||||
84/745
| 3/4/2014 | Portfolio Report |
85/745
| 3/4/2014 | Portfolio Report |
| Trademark Cambodia | TM1550KH00 | |||||||
|
XTRA-CAL (Cambodian characters) |
||||||||
| Status: | Pending | |||||||
|
Application No. |
KH/T/2013/51289 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-30-2013 | |||||||
| Trademark Canada | TM1044CA00 | |||||||
| AQUAGENICS | ||||||||
| Status: | Closed | |||||||
|
Application No. |
894980 | Registration No. | 522131 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Water purifying units for domestic use, including portable water filters and shower heads. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
10-30-1998 | Registration Date | 01-25-2000 | |||||
| Next Renewal | 01-25-2015 | |||||||
| Trademark Canada | TM1047CA00 | |||||||
| AROMAVIE | ||||||||
| Status: | Closed | |||||||
|
Application No. |
893010 | Registration No. | 522051 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Body oils, body soaps, body sprays, bath oils, bath gels; candles. | |||||||
| Diary Dates: | ||||||||
| Application | 10-09-1998 | Registration Date | 01-24-2000 | |||||
| Date | ||||||||
| Next Renewal | 01-24-2015 | |||||||
| Trademark Canada | TM1034CA00 | |||||||
| CELL ACTIVATOR | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
1194582 | Registration No. | 652818 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Vitamin and mineral supplements in capsule form consisting of vitamins, minerals, and herbs. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
10-24-2003 | Registration Date | 11-16-2005 | |||||
| Next Renewal | 11-16-2020 | |||||||
86/745
| 3/4/2014 | Portfolio Report |
| Trademark Canada | TM1031CA00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
499638 | Registration No. | 292394 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Foods and food supplements, namely, vitamins, minerals, proteins, herbs, soups, juices. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-03-1983 | Registration Date | 06-29-1984 | |||||
| Next Renewal | 06-29-2029 | |||||||
| Trademark Canada | TM1053CA00 | |||||||
| FACTOR 1000 | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
1087169 | Registration No. | 583688 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Nutritional and dietary supplements namely supplements containing Swiss oat and nettle extract. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
12-21-2000 | Registration Date | 06-12-2003 | |||||
| Next Renewal | 06-12-2018 | |||||||
| Trademark Canada | TM1011CA00 | |||||||
| Figurine Design (rainbowman - style) | ||||||||
| Status: | Closed | |||||||
|
Application No. |
760693 | Registration No. | 452524 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Hair care products, namely shampoos, rinses and conditioners; skin care products, namely cleansers, moisturizers, toners, astringents, masks, facial creams, body creams, body lotions, shaving creams, suntan oils and suntan lotions; color cosmetics, namely lipstick, eyeshadows, foundation creams and blushes; personal hygiene products, namely powders, perfumes, colognes and body oils; nutritional supplements, dietetic foods, namely, vitamins, minerals, herbs, fiber and protein, all in tablet, powder, capsule or liquid form; beverages, namely teas; powdered protein, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
08-03-1994 | Registration Date | 12-29-1995 | |||||
| Next Renewal | 12-29-2025 | |||||||
87/745
| 3/4/2014 | Portfolio Report |
| Trademark Canada | TM1071CA00 | |||||||
| FLEX SUPPORT | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
1172336 | Registration No. | 619422 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Natural health products namely, nutritional and dietary supplements, namely, herbs, minerals, vitamins, organic compounds, and synthetic versions thereof. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-24-2003 | Registration Date | 09-14-2004 | |||||
| Next Renewal | 09-14-2019 | |||||||
| Trademark Canada | TM1054CA00 | |||||||
|
H3O |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
1358030 | Registration No. | 756794 | |||||
|
Application Type: |
With Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | (1) Preparations for making sports drinks. (2) Preparations for making sports drinks; sports drinks. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
07-31-2007 | Registration Date | 01-11-2010 | |||||
| Next Renewal | 01-11-2025 | |||||||
| Trademark Canada | TM1055CA00 | |||||||
| H3O FITNESS DRINK & Design | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
1356630 | Registration No. | 758864 | |||||
|
Application Type: |
With Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Preparations for making sports drinks; sports drinks. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
07-20-2007 | Registration Date | 02-05-2010 | |||||
| Next Renewal | 02-05-2025 | |||||||
| Trademark Canada | TM1001CA00 | |||||||
| HERBALIFE | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
499637 | Registration No. | 292393 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Hair care products, namely, shampoos, rinses, conditioners, lotions and gels; skin care products, namely cleansers, toners, moisturizers, creams, ointments, gels, lotions, analgesics; foods and food supplements, namely, vitamins, minerals, proteins, herbs, soups, juices. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-03-1983 | Registration Date | 06-29-1984 | |||||
| Next Renewal | 06-29-2029 | |||||||
88/745
| 3/4/2014 | Portfolio Report |
| Trademark Canada | TM1520CA00 | |||||||
|
HERBALIFE & Tri-Leaf & 24 graphic |
||||||||
| Status: | Pending | |||||||
|
Application No. |
1559643 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
01-13-2012 | |||||||
| Trademark Canada | TM1516CA00 | |||||||
|
HERBALIFE & TRI-LEAF device |
||||||||
| Status: | Registered/Granted | Your Ref: | 10081 | |||||
|
Application No. |
1447343 | Registration No. | 827,005 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
08-12-2009 | Registration Date | 06-22-2012 | |||||
| Next Renewal | 06-22-2027 | |||||||
| Trademark Canada | TM1016CA00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
1195243 | Registration No. | 649687 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Natural health products, namely, nutritional supplements containing vitamins, minerals, marine lipid complex (fish oil), herbs, and natural plant oils in capsule form. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
10-30-2003 | Registration Date | 10-05-2005 | |||||
| Next Renewal | 10-05-2020 | |||||||
| Trademark Canada | TM1051CA00 | |||||||
|
HERBALOE |
||||||||
| Status: | Expired | |||||||
|
Application No. |
499639 | Registration No. | 292395 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Foods and food supplements, namely, vitamins, minerals, proteins, herbs, soups, juices. | |||||||
| Diary Dates: | ||||||||
| Application | 03-03-1983 | Registration Date | 06-29-1984 | |||||
| Date | ||||||||
| Next Renewal | 06-29-2014 | |||||||
89/745
| 3/4/2014 | Portfolio Report |
| Trademark Canada | TM1049CA00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
1229449 | Registration No. | 661098 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Effervescent tablets for making non-alcoholic drinks and beverages. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
09-07-2004 | Registration Date | 03-22-2006 | |||||
| Next Renewal | 03-22-2021 | |||||||
| Trademark Canada | TM1058CA00 | |||||||
|
MOISTURIZING SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
1311722 | Registration No. | 698369 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Facial lotions. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
08-03-2006 | Registration Date | 10-12-2007 | |||||
| Next Renewal | 10-12-2022 | |||||||
| Trademark Canada | TM1010CA00 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
1197564 | Registration No. | 668195 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Nutritional and dietary supplements, namely, natural health products, namely in the form of a nutritional supplement in powder form intended to bolster the production of nitric oxide. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
11-20-2003 | Registration Date | 07-19-2006 | |||||
| Next Renewal | 07-19-2021 | |||||||
| Trademark Canada | TM1021CA00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
1226528 | Registration No. | 654758 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Topical skin-care products, namely, creams, lotions, masks, gels. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
08-10-2004 | Registration Date | 12-09-2005 | |||||
| Next Renewal | 12-09-2020 | |||||||
90/745
| 3/4/2014 | Portfolio Report |
| Trademark Canada | TM1485CA00 | |||||||
|
NUTRITION FOR THE 24 HOUR ATHLETE |
||||||||
| Status: | Registered | |||||||
| Application No. | 1,547,049 | Registration No. | 888741 | |||||
| Application Type: | ITUWith Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
10-07-2011 | Registration Date | 10-27-2014 | |||||
| Next Renewal | 10-27-2029 | |||||||
| Trademark Canada | TM1203CA00 | |||||||
|
PROLESSA |
||||||||
| Status: | Abandoned | |||||||
|
Application No. |
1469139 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Food supplements; dietary supplements; natural health products; food supplement composed of herbs and vinegars. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
02-10-2010 | |||||||
| Trademark Canada | TM1036CA00 | |||||||
|
RADIANT C (stylized) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
1064882 | Registration No. | 598970 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Skin care products, namely, facial creams, facial cleansers, lotions, moisturizers and toners. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
06-27-2000 | Registration Date | 01-09-2004 | |||||
| Next Renewal | 01-09-2019 | |||||||
| Trademark Canada | TM1038CA00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
|
Application No. |
1210517 | Registration No. | 667211 | |||||
|
Application Type: |
With Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | WARES: (1) Nutritional foods and supplements, namely nutritional shake mixes, multivitamins and multivitamin complexes, namely, vitamins and mineral supplements; food supplements, namely protein powders; meal replacement foods, namely protein bars; drink mixes, namely protein drink and fruit juice drink mixes; snacks, namely, protein bars; crunchy soy nuts and powdered soup mixes. SERVICES: (1) Educational and training programs related to weight management. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-22-2004 | Registration Date | 07-10-2006 | |||||
| Next Renewal | 07-10-2021 | |||||||
91/745
| 3/4/2014 | Portfolio Report |
| Trademark Canada | TM1202CA00 | |||||||
|
ROSEGUARD |
||||||||
| Status: | Published | |||||||
|
Application No. |
1595462 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements; food supplements including Herbs, vitamins or minerals; food supplements in tablet or capsule form including herbs, vitamins or minerals; nutritional supplements on the basis of herbs, vitamins or minerals. | |||||||
| 30 | Foodstuffs including herbs, vitamins, or minerals. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
09-24-2012 | |||||||
| Trademark Canada | TM1067CA00 | |||||||
|
SENSORY NUTRITION |
||||||||
| Status: | Abandoned | |||||||
|
Application No. |
1044736 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Bath and body oils, bath salts, sachets, potpourri and candles. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
02-01-2000 | |||||||
| Trademark Canada | TM1040CA00 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Closed | |||||||
|
Application No. |
1199725 | Registration No. | 654853 | |||||
| Application Type: | With Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | WARES: (1) Nutritional and dietary supplements, namely nutritional shake mixes, multivitamins and multivitamin complexes, namely vitamins and mineral supplements; food supplements, namely protein powders; meal replacement foods, namely, protein bars; snacks, namely, protein bars, soups; drink mixes, namely protein drink mixes. SERVICES: (1) Weight management programs. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
12-16-2003 | Registration Date | 12-12-2005 | |||||
| Next Renewal | 12-12-2020 | |||||||
92/745
| 3/4/2014 | Portfolio Report |
| Trademark Canada | TM1007CA00 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
1111721 | Registration No. | 639634 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | (1) Facial creams; eye creams; body lotion. (2) Facial cream; eye cream; body lotion (3) Lip cream, lip refiner; neck and decolletage cream; body cream; facial lotions. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
08-03-2001 | Registration Date | 05-11-2005 | |||||
| Next Renewal | 05-11-2020 | |||||||
| Patent Canada | P1002CA00 | |||||||
|
Tablet Leaf Imprint Design |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
138148 | Patent No. | 138148 | |||||
|
Application Type: |
Without Priority | |||||||
| Diary Dates: | ||||||||
|
Application Date |
11-30-2010 | Issue Date | 06-20-2011 | |||||
| Expiration Date | 06-20-2021 | |||||||
| Trademark Canada | TM1022CA00 | |||||||
|
TAKING NUTRITION TO HEART |
||||||||
| Status: | Closed | |||||||
|
Application No. |
1282009 | Registration No. | 708351 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Dietary and nutritional supplements, namely, multivitamins, herbal supplements, fatty acids in tablet and capsule form; drink mixes, namely, crystals, powders, concentrates for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
12-05-2005 | Registration Date | 02-26-2008 | |||||
| Next Renewal | 02-26-2023 | |||||||
| Trademark Canada | TM1025CA01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
706337 | Registration No. | 418665 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
06-02-1992 | Registration Date | 10-22-1993 | |||||
| Next Renewal | 10-22-2023 | |||||||
93/745
| 3/4/2014 | Portfolio Report |
| Trademark Canada | TM1074CA00 | |||||||
|
TOCONOX |
||||||||
| Status: | Closed | |||||||
|
Application No. |
1046074 | Registration No. | 557090 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Nutritional and dietary supplements consisting of vitamins, minerals, herbs, and protein, in tablet or capsule form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-10-2000 | Registration Date | 01-30-2002 | |||||
| Next Renewal | 01-30-2017 | |||||||
| Trademark Canada | TM1027CA00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
760694 | Registration No. | 451571 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Hair care products, namely shampoos, rinses and conditioners; skin care products, namely cleansers, moisturizers, toners, astringents, masks, facial creams, body creams, body lotions, shaving creams, suntan oils and suntan lotions; color cosmetics, namely lipstick, eyeshadows, foundation creams and blushes; personal hygiene products, namely powders, perfumes, colognes and body oils; nutritional supplements, dietetic foods, namely vitamins, minerals, herbs, fiber and protein, all in tablet, powder, capsule or liquid form; books, stationery, namely writing paper, envelopes and pens; printed publications and printed matter namely, magazines, brochures, pamphlets; beverages, namely teas; powdered protein, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-03-1994 | Registration Date | 12-08-1995 | |||||
| Next Renewal | 12-08-2025 | |||||||
| Trademark Canada | TM1341CA00 | |||||||
|
Tri-Leaf Logo |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
1,447,339 | Registration No. | 839,891 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Diary Dates: | ||||||||
| Application | 08-06-2009 | Registration Date | 01-11-2013 | |||||
| Date | ||||||||
| Next Renewal | 01-11-2028 | |||||||
| Trademark Chile | TM1031CL00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
737561 | Registration No. | 769693 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical and veterinary preparations, sanitary preparations for medical use, dietetic substances adapted for medical use, food for babies, plasters, materials for dressings, material for stopping teeth, dental wax, disinfectants, preparations for destroying vermin, fungicides, herbicides, mainly nutritional supplements containing vitamins, minerals and herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-25-2006 | Registration Date | 08-20-2006 | |||||
| Next Renewal | 08-20-2016 | |||||||
94/745
| 3/4/2014 | Portfolio Report |
| Trademark Chile | TM1030CL00 | |||||||
|
DINOMINS |
||||||||
| Status: | Closed | |||||||
| Application No. | 383995 | Registration No. | 544752 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-16-1997 | Registration Date | 07-19-1999 | |||||
| Next Renewal | 07-19-2009 | |||||||
| Trademark Chile | TM1080CL00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 680841 | Registration No. | 726593 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-24-2005 | Registration Date | 06-01-2005 | |||||
| Next Renewal | 06-01-2015 | |||||||
| Trademark Chile | TM1001CL00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 850179 | Registration No. | 850478 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 32 | |||||||
| List of Goods | ||||||||
| 03 | 03: Bleaching preparations and other substances for laundry, cleaning, polishing, scouring and abrasive preparations; (abrasive preparations) soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, shampoos especially for hair rinses, conditioners, cleansers skin, moisturizers, facial creams, body creams, shaving creams, tanning oils and lotions for tanning. | |||||||
| 05 | Pharmaceutical and veterinary preparations, sanitary preparations for medical use, dietetic substances adapted for medical use, food for babies, plasters, materials for dressings, material for stopping teeth, dental wax, disinfectants, preparations for destroying vermin, fungicides, herbicides, mainly nutritional supplements, health foods, all consisting of vitamins, minerals, herbs, fiber and protein, particularly in the form of tablets, powders, capsules or liquids. | |||||||
| 29 | Meat, fish, poultry and game, meat extracts, fruits and vegetables, canned, dried and cooked, jellies, jams, compotes, eggs, milk and milk products, edible oils and fats, mainly food for human consumption. | |||||||
| 32 | Beers, mineral and aerated waters and other non alcoholic drinks and fruit juices, syrups and other preparations for making beverages, mainly fruit juices and fruit drinks, protein powders, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-30-2008 | Registration Date | 01-19-2009 | |||||
| Next Renewal | 01-19-2019 | |||||||
95/745
| 3/4/2014 | Portfolio Report |
96/745
| 3/4/2014 | Portfolio Report |
97/745
| 3/4/2014 | Portfolio Report |
| Trademark Chile | TM1337CL00 | |||||||
|
HERBALIFE FIBRA ACTIVA ACTIVE FIBER |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 940.673 | Registration No. | 931.163 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 05 | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-10-2011 | Registration Date | 09-13-2011 | |||||
| Next Renewal | 09-13-2021 | |||||||
| Trademark Chile | TM1338CL00 | |||||||
|
HERBALIFE FIBRE ACTIVA ACTIVE FIBER |
||||||||
| Status: | ||||||||
| Application Type: | Without Priority | |||||||
| Trademark Chile | TM1020CL00 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Closed | |||||||
| Application No. | 714637 | Registration No. | 755366 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35, 44 | |||||||
| List of Goods | ||||||||
| 35 | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-19-2005 | Registration Date | 04-04-2006 | |||||
| Trademark Chile | TM1016CL00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 714352 | Registration No. | 792066 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-15-2005 | Registration Date | 07-11-2007 | |||||
| Next Renewal | 07-11-2017 | |||||||
98/745
| 3/4/2014 | Portfolio Report |
| Trademark Chile | TM1085CL00 | |||||||
|
LIFE & VICTORY |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 785975 | Registration No. | 806543 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-23-2007 | Registration Date | 09-17-2007 | |||||
| Next Renewal | 09-17-2017 | |||||||
| Trademark Chile | TM1049CL00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 714356 | Registration No. | 803919 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-15-2005 | Registration Date | 12-19-2007 | |||||
| Next Renewal | 12-19-2017 | |||||||
| Trademark Chile | TM1081CL00 | |||||||
|
LIPO-BOND |
||||||||
| Status: | Pending | |||||||
| Application No. | 879010 | Registration No. | 549677 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-24-2009 | Registration Date | 10-06-1999 | |||||
| Next Renewal | 10-06-2019 | |||||||
99/745
| 3/4/2014 | Portfolio Report |
| Trademark Chile | TM1010CL00 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 714354 | Registration No. | 771929 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-15-2005 | Registration Date | 11-13-2006 | |||||
| Next Renewal | 11-13-2016 | |||||||
| Trademark Chile | TM1021CL00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 682029 | Registration No. | 750176 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 04-05-2005 | Registration Date | 02-09-2006 | |||||
| Next Renewal | 02-09-2016 | |||||||
| Trademark Chile | TM1597CL05 | |||||||
|
PROLESSA |
||||||||
| Status: | Registered | |||||||
| Application No. | 1075716 | Registration No. | 1133881 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements in powder form composed mainly of fatty acids and oils, none of which relate to bone, bone diseases or disorders, the prevention and treatment of bone diseases or disorders, or related conditions/diseases. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-24-2013 | |||||||
| Trademark Chile | TM1037CL00 | |||||||
|
RADIANT C |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 695274 | Registration No. | 762732 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-12-2005 | Registration Date | 07-18-2006 | |||||
| Next Renewal | 07-18-2016 | |||||||
100/745
| 3/4/2014 | Portfolio Report |
| Trademark Chile | TM1036CL00 | |||||||
|
RADIANT C (stylized) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
493759 | Registration No. | 623764 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
07-18-2000 | Registration Date | 03-04-2002 | |||||
| Next Renewal | 03-04-2012 | |||||||
| Trademark Chile | TM1038CL00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
|
Application No. |
654706 | Registration No. | 710750 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
07-27-2004 | Registration Date | 12-03-2004 | |||||
| Trademark Chile | TM1038CL01 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
|
Application No. |
654707 | Registration No. | 710749 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
07-27-2004 | Registration Date | 12-03-2004 | |||||
| Trademark Chile | TM1040CL00 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Closed | |||||||
|
Application No. |
654702 | Registration No. | 717444 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
07-27-2004 | Registration Date | 02-14-2005 | |||||
101/745
| 3/4/2014 | Portfolio Report |
| Trademark Chile | TM1040CL01 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Closed | |||||||
|
Application No. |
654701 | Registration No. | 710751 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
07-27-2004 | Registration Date | 12-03-2004 | |||||
| Trademark Chile | TM1007CL00 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
714355 | Registration No. | 759737 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
12-15-2005 | Registration Date | 06-01-2006 | |||||
| Next Renewal | 06-01-2016 | |||||||
| Trademark Chile | TM1089CL00 | |||||||
|
SOFT GREEN |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
862.987 | Registration No. | 862.899 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
05-04-2009 | Registration Date | 09-09-2010 | |||||
| Next Renewal | 09-09-2020 | |||||||
102/745
| 3/4/2014 | Portfolio Report |
| Trademark Chile | TM1025CL00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
671051 | Registration No. | 718473 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
12-28-2004 | Registration Date | 02-25-2005 | |||||
| Next Renewal | 02-25-2015 | |||||||
| Trademark Chile | TM1027CL00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
682454 | Registration No. | 729793 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 16, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 16 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
04-07-2005 | Registration Date | 07-22-2005 | |||||
| Next Renewal | 07-22-2015 | |||||||
| Trademark Chile | TM1033CL00 | |||||||
|
TRI-SHIELD |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
714353 | Registration No. | 792065 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
12-15-2005 | Registration Date | 07-11-2007 | |||||
| Next Renewal | 07-11-2017 | |||||||
103/745
| 3/4/2014 | Portfolio Report |
| Trademark Chile | TM1087CL00 | |||||||
|
VIDA HERBAL |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
677301 | Registration No. | 722385 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
02-23-2005 | Registration Date | 04-06-2005 | |||||
| Next Renewal | 04-06-2015 | |||||||
| Trademark China | TM1671CN00 | |||||||
|
Ai Ju (ICHANGE in simplified characters) |
||||||||
| Status: | Pending | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Trademark China | TM1095CN30 | |||||||
|
CHOCOLICIOUS |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
5299263 | Registration No. | 5299263 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Chocolate beverages; cocoa beverages; chewing gum not for medical purposes, confectionery; nutritional tablets not for medical purposes; nutritional fluid not for medical purposes, nutritional powder not for medical purposes, nutritional capsules not for medical purposes; nutritional extracts, not for medical purposes; ice cream. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-19-2006 | Registration Date | 04-14-2009 | |||||
| Next Renewal | 04-13-2019 | |||||||
| Trademark China | TM1030CN30 | |||||||
|
DINOMINS |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
2000085150 | Registration No. | 1687143 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Chewing gum not for medical purposes, confectionery; nutritional tablets not for medical use; nutritional fluid not for medical use, nutritional powder not for medical use, nutritional capsule not for medical use. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
06-15-2000 | Registration Date | 12-21-2001 | |||||
| Next Renewal | 12-20-2021 | |||||||
104/745
| 3/4/2014 | Portfolio Report |
105/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1103CN30 | |||||||
|
DINOSHAKE Device (3 dinosaurs) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 5299272 | Registration No. | 5299272 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Chocolate beverages; cocoa beverages; chewing gum not for medical purposes, confectionery; nutritional tablets not for medical purposes; nutritional fluid not for medical purposes, nutritional powder not for medical purposes, nutritional capsules not for medical purposes; nutritional extracts, not for medical purposes; ice cream. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-19-2006 | Registration Date | 04-14-2009 | |||||
| Next Renewal | 04-13-2019 | |||||||
| Trademark China | TM1080CN05 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Expired | |||||||
|
Application No. |
Registration No. | 1974144 | ||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements for medical purposes, consisting of vitamins, minerals and protein, all in tablet, powder or liquid forms; vitamin preparations; dietetic foods adapted for medical purposes, dietetic substances adapted for medical use; beverages adapted for medical purposes. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 11-21-2002 | Next Renewal | 11-20-2012 | |||||
| Trademark China | TM1080CN32 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Expired | |||||||
|
Application No. |
Registration No. | 1982127 | ||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Fruit juices; fruit drink, mineral water, beers; aerated waters, non-alcoholic drinks; syrups, preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 12-14-2002 | Next Renewal | 12-13-2012 | |||||
106/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1001CN32 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
Registration No. | 698316 | ||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters, non-alcoholic drinks; fruit drinks and fruit juices; syrups preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 07-21-1994 | Next Renewal | 07-20-2014 | |||||
| Trademark China | TM1001CN30 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
Registration No. | 699153 | ||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereal, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; soup, mustard; vinegar, sauces (except salad dressings); spices; ice. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 07-28-1994 | Next Renewal | 07-27-2014 | |||||
| Trademark China | TM1001CN03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
Registration No. | 699489 | ||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, facial creams, shaving creams, suntan oils and suntan lotions. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 07-28-1994 | Next Renewal | 07-27-2004 | |||||
| Trademark China | TM1001CN05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
94002490 | Registration No. | 780010 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic foods and beverages adapted for medical purposes, dietetic substances adapted for medical use; vitamin preparations; nutritional supplements for medical purposes consisting of vitamins, minerals and protein, all in tablet, powder or liquid forms. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-07-1994 | Registration Date | 10-07-1995 | |||||
| Next Renewal | 10-06-2015 | |||||||
107/745
| 3/4/2014 | Portfolio Report |
108/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1105CN30 | |||||||
|
HERBALIFE & Design (old, filled tri-leaf) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
699187 | Registration No. | 699187 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder, soup, salt, mustard; vinegar, sauces (except salad dressings); spices; ice. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-02-1993 | Registration Date | 07-28-1994 | |||||
| Next Renewal | 07-27-2014 | |||||||
| Trademark China | TM1105CN32 | |||||||
|
HERBALIFE & Design (old, filled tri-leaf) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
705091 | Registration No. | 705091 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters, non-alcoholic drinks; fruit drinks and fruit juices; syrups preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
05-04-1993 | Registration Date | 09-14-1994 | |||||
| Next Renewal | 09-13-2014 | |||||||
| Trademark China | TM1105CN03 | |||||||
|
HERBALIFE & Design (old, filled tri-leaf) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
699490 | Registration No. | 699490 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, facial creams, shaving creams, suntan oils and suntan lotions. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-02-1993 | Registration Date | 07-28-1994 | |||||
| Next Renewal | 07-27-2014 | |||||||
109/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1106CN29 | |||||||
|
HERBALIFE & Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 3983398 | Registration No. | 3983398 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Meat; fish products; fruit preserves; fruit chips; dried vegetables; eggs; milk products; edible oil; edible fats; fruit salads; jellies; prepared nuts; processed peanuts; dried edible fungus; tofu. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-29-2004 | Registration Date | 04-28-2006 | |||||
| Next Renewal | 04-27-2016 | |||||||
| Trademark China | TM1106CN30 | |||||||
|
HERBALIFE & Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
Registration No. | 3995596 | ||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
|
Registration Date |
03-13-2006 | Next Renewal | 03-12-2016 | |||||
| Trademark China | TM1106CN18 | |||||||
|
HERBALIFE & Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
3983400 | Registration No. | 3983400 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 18 | |||||||
| List of Goods | ||||||||
| 18 | Leather, unworked or semi-worked; tote bags; satchels; travel bags; handbags; leather trimmings for furniture; leather straps; umbrellas; walking canes; saddlery; gut for making sausage. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-29-2004 | Registration Date | 10-21-2007 | |||||
| Next Renewal | 10-20-2017 | |||||||
| Trademark China | TM1106CN21 | |||||||
|
HERBALIFE & Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
3983399 | Registration No. | 3983399 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 21 | |||||||
| List of Goods | ||||||||
| 21 | Containers for household or kitchen use (except in precious metal); kitchen utensils, not of precious metal; mixing spoons (kitchen utensils); cups, not of precious metal; cups of paper or plastic; domestic grinders, non-electric; mixing machines, non-electric, for household purposes; lunch boxes; stew-pans; frying pans; boxes not of precious metal for tablets; mugs; beverage glassware; porcelain; figurines of china, crystal, earthenware, glass, porcelain, and terra cotta; drinking glasses; soap dishes; hair combs; hair brushes; material for brush-making; toothbrushes; toothpick holders not of precious metal; toilet sponges; vacuum bottles; sponges for household use; unworked or semi-worked glass (except glass used in building); drinking troughs; mouse traps. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-29-2004 | Registration Date | 01-28-2009 | |||||
| Next Renewal | 01-27-2019 | |||||||
110/745
| 3/4/2014 | Portfolio Report |
111/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1106CN35 | |||||||
|
HERBALIFE & Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
3995595 | Registration No. | 3995595 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; demonstration of goods; distribution of samples; advertising by mail order; rental of vending machines. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-05-2004 | Registration Date | 10-21-2007 | |||||
| Next Renewal | 10-20-2017 | |||||||
| Trademark China | TM1106CN41 | |||||||
|
HERBALIFE & Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
3981750 | Registration No. | 3981750 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Education related to weight management and human health and fitness; training programs related to weight management and human health and fitness; education related to multi-level marketing and development of small businesses; training programs related to multi-level marketing and development of small businesses; arranging and conducting of conference; distribution of videotapes; lending libraries; publication of texts (other than publicity texts); videotape editing; club services (entertainment or education); gymnastic instruction; animal training; modelling for artists. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-29-2004 | Registration Date | 01-21-2007 | |||||
| Next Renewal | 01-20-2017 | |||||||
| Trademark China | TM1106CN42 | |||||||
|
HERBALIFE & Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
3981749 | Registration No. | 3981749 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 42 | |||||||
| List of Goods | ||||||||
| 42 | Technical research; chemical research; bacteriological research; packaging design services; hosting computer sites (web sites) related to weight management, human health and fitness, multi-level marketing, and development of small businesses; creating and maintaining web sites for others related to weight management, human health and fitness, multi-level marketing, and development of small businesses; recovery of computer data related to weight management, human health and fitness, multi-level marketing, and development of small businesses. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-29-2004 | Registration Date | 01-21-2007 | |||||
| Next Renewal | 01-20-2017 | |||||||
| Trademark China | TM1106CN44 | |||||||
|
HERBALIFE & Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
3981748 | Registration No. | 3981748 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Health care; instructions of beverages and food nutrition; beauty salons; massage; manicuring; veterinary assistance; horticulture; flower arranging; opticians services; rental of sanitation facilities. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-29-2004 | Registration Date | 01-21-2007 | |||||
| Next Renewal | 01-20-2017 | |||||||
112/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1106CN09 | |||||||
|
HERBALIFE & Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
Registration No. | 3983402 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 09 | |||||||
| List of Goods | ||||||||
| 09 | ||||||||
| Diary Dates: | ||||||||
|
Registration Date |
04-27-2006 | Next Renewal | 04-26-2016 | |||||
| Trademark China | TM1106CN16 | |||||||
|
HERBALIFE & Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
3983401 | Registration No. | 3983401 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | Paper; drawing paper; tissues of paper for removing make-up; cardboard articles; printed matter; product catalogues; brochures; informational flyers; figurines made of paper; books; periodicals; photographs; bags [envelopes, pouches] of paper or plastics, for packaging; bookbinding material; stationery; inks; rubber stamps; writing instruments; adhesives for stationery or household purposes; drawing instruments; drawing materials; printers type; teaching materials (except apparatus); modeling clay; chaplets. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-29-2004 | Registration Date | 10-07-2006 | |||||
| Next Renewal | 10-06-2016 | |||||||
| Trademark China | TM1106CN03 | |||||||
|
HERBALIFE & Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
Registration No. | 3983404 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
|
Registration Date |
04-28-2007 | Next Renewal | 04-27-2017 | |||||
113/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1106CN05 | |||||||
|
HERBALIFE & Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 3983403 | Registration No. | 3983403 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations; sunburn ointments; lotions for pharmaceutical purposes; pharmaceutical preparations for skin care; pharmaceutical preparations for treating dandruff; isotopes for medical purposes; gases for medical purposes; chemical conductors for electrocardiograph electrodes; semen for artificial insemination; disinfectants; solutions for contact lenses; bouillons for bacteriological cultures; dietetic foods adapted for medical purposes; dietetic beverages adapted for medical purposes; dietetic substances adapted for medical use; mineral food-supplements; nutritional additives for medical purposes; air freshening preparations; veterinary preparations; pesticides; sterilised paper towels; absorbent cotton; dental abrasives. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-29-2004 | Registration Date | 10-07-2006 | |||||
| Next Renewal | 10-06-2016 | |||||||
| Trademark China | TM1554CN00 | |||||||
|
HERBALIFE & Tri-leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 10455941 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coco beverages; coffee; chocolate beverages; tea; tea beverages; sugar; chocolate; pizzas; preparations made from cereals; pasta; soya flour; starch for food; ice cream; salt; vinegar; ketchup; yeast; essences for foodstuffs (except etheric essences and essential oils); iced tea; royal jelly. | |||||||
| Diary Dates: | ||||||||
|
Registration Date |
06-07-2013 | Next Renewal | 06-06-2023 | |||||
| Trademark China | TM1663CN30 | |||||||
|
HERBALIFE (Kang Bao Lai) (Simplified Ch. chars.) |
||||||||
| Status: | Pending | |||||||
|
Application No. |
11899329 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Pizzas; preparations made from cereals; pasta; soya flour; starch for food; ice cream; ketchup; yeast; essences for foodstuffs. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
12-17-2012 | |||||||
| Trademark China | TM1662CN05 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Registered | |||||||
|
Application No. |
11625944 | Registration No. | 11625944 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparation; dietary fiber; dietetic beverages adapted for medical purposes; dietetic foods adapted for medical purposes; dietetic substances adapted for medical use; nutritional supplements; mineral foods supplements; albumin dietary supplements; flaxseed dietary supplements; flaxseed oil dietary supplements; wheat germ dietary supplements; yeast dietary supplements; royal jelly dietary supplements; propolis dietary supplements; pollen dietary supplements; enzyme dietary supplements; glucose dietary supplements; lecithin dietary supplements; alginate dietary supplements; casein dietary supplements; protein dietary supplements. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
10-19-2012 | |||||||
114/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1667CN00 | |||||||
|
HERBALIFE ICHANGE |
||||||||
| Status: | Registered | |||||||
| Registration No. | 14175388 | |||||||
|
Application Type: |
With Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Trademark China | TM1104CN32 | |||||||
|
HERBALIFE in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
Registration No. | 998608 | ||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters, non-alcoholic drinks; fruit drinks and fruit juices; syrups preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
|
Registration Date |
05-07-1997 | Next Renewal | 05-06-2017 | |||||
| Trademark China | TM1104CN30 | |||||||
|
HERBALIFE in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
Registration No. | 1005517 | ||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder, mustard; vinegar, sauces (except salad dressings); spices; ice. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 05-14-1997 | Next Renewal | 05-13-2017 | |||||
| Trademark China | TM1104CN05 | |||||||
|
HERBALIFE in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
94002492 | Registration No. | 780337 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic foods and beverages adapted for medical purposes, dietetic substances adapted for medical use; nutritional supplements for medical purposes, consisting of vitamins, minerals and protein, all in tablet, powder or liquid form. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
01-07-1994 | Registration Date | 10-07-1995 | |||||
| Next Renewal | 10-06-2015 | |||||||
115/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1104CN03 | |||||||
|
HERBALIFE in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
Registration No. | 699456 | ||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, facial creams, shaving creams, suntan oils and suntan lotions. | |||||||
| Diary Dates: | ||||||||
|
Registration Date |
07-28-1994 | Next Renewal | 07-27-2014 | |||||
| Trademark China | TM1098CN0301 | |||||||
|
HERBALIFE in Chinese (simplified) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
6079612 | Registration No. | 6079612 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Soaps (0301); cleaning preparations (0302); polising preparations (0303); abrasives (0304); essential oils (0305); cosmetics; lip balm (0306); toothpaste (0307); potpourri (0308); shampoos for animals (0309). | |||||||
| Diary Dates: | ||||||||
|
Application Date |
05-30-2007 | Registration Date | 01-28-2010 | |||||
| Next Renewal | 01-27-2020 | |||||||
| Trademark China | TM1098CN05 | |||||||
|
HERBALIFE in Chinese (simplified) |
||||||||
| Status: | Pending | |||||||
|
Application No. |
5299323 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Sunburn ointments; lotions for pharmaceutical purposes; pharmaceutical preparations for skin care; pharmaceutical preparations for treating dandruff; isotopes for medical purposes; gases for medical purposes; chemical conductors for electrocardiograph electrodes; semen for artificial insemination; disinfectants; solutions for contact lenses; bouillons for bacteriological cultures; mineral food-supplements; nutritional additives for medical purposes; air freshening preparations; veterinary preparations; pesticides; absorbent cotton; dental abrasives. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-19-2006 | |||||||
| Trademark China | TM1098CN29 | |||||||
|
HERBALIFE in Chinese (simplified) |
||||||||
| Status: | Registered | |||||||
|
Application No. |
5299255 | Registration No. | 5299255 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Meat; fish products; fruit preserves; fruit chips; dried vegetables; eggs; milk products; edible oil; edible fats; fruit salads; jellies; prepared nuts; processed peanuts; dried edible fungus; tofu. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-19-2006 | |||||||
116/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1098CN32 | |||||||
|
HERBALIFE in Chinese (simplified) |
||||||||
| Status: | Pending | |||||||
|
Application No. |
5299257 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages; soft drinks; fruit juices; fruit powder; preparations for making beverages; powders for effervescing beverages. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-19-2006 | |||||||
| Trademark China | TM1098CN35 | |||||||
|
HERBALIFE in Chinese (simplified) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
5299258 | Registration No. | 5299258 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; advertising by mail order; demonstration of goods; distribution of samples; rental of vending machines. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-19-2006 | Registration Date | 03-28-2010 | |||||
| Next Renewal | 03-27-2020 | |||||||
| Trademark China | TM1098CN41 | |||||||
|
HERBALIFE in Chinese (simplified) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
5299259 | Registration No. | 5299259 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | 1. education related to weight management and human health and fitness; 2. training programs related to weight management and human health and fitness; 3. education related to multi-level marketing and development of small businesses; 4. training programs related to multi-level marketing and development of small businesses (4101); 5. arranging and conducting of conference; 6. distribution of videotapes (4102); 7. lending librairies (4103); 8. publication of texts (other than publicity texts) (4104); 9. videotape editing; 10. club services [entertainment or education]; 11. gymnastic instruction (4105); 12. animal training (4106); 13. modelling for artists (4107). | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-19-2006 | Registration Date | 07-28-2009 | |||||
| Next Renewal | 07-27-2019 | |||||||
117/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1098CN42 | |||||||
|
HERBALIFE in Chinese (simplified) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
5299260 | Registration No. | 5299260 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 42 | |||||||
| List of Goods | ||||||||
| 42 | 1. technical research (4209); 2. chemical research (4211); 3. bacteriological research (4212); 4. packaging design services (4216); 5. creating and maintaining web sites for other related to weight management, human health and fitness, multi-level marketing, and development of small businesses; 6. hosting computer sites (web sites) related to weight management, human health and fitness, multi-level marketing, and development of small businesses; 7. recovery of computer data related to weight management, human health and fitness, multi-level marketing, and development of small businesses (4220). | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-19-2006 | Registration Date | 07-28-2009 | |||||
| Next Renewal | 07-27-2019 | |||||||
| Trademark China | TM1098CN03 | |||||||
|
HERBALIFE in Chinese (simplified) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
5299273 | Registration No. | 5299273 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | 1. hair shampoos; 2. hair conditioners; 3. bleaching agents (0301); 4. cleaning preparations (0302); 5. shining preparations [polish] (0303); 6. abrasive cloths (0304); 7. perfumery (0305); 8. hair styling sprays; 9. hair styling gels; 10. hair styling pomades; 11. perfume; 12. hair mousse; 13. facial cream; 14. facial lotions; 15. facial gels; 16. beauty masks; 17. facial exfoliants; 18. toners; 19. facial sprays; 20. hand lotion; 21. hand creams; 22. hand gels; 23. hand scrubs; 24. body creams; 25. body lotions; 26. body washes; 27. body gels; 28. body exfoliants; 29. body sprays; 30. cosmetics; 31. after-shave lotion; 32. shaving preparations (0306); 33. breath freshening sprays (0307); 34. incense (0308); 35. shampoos for animals (0309). | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-19-2006 | Registration Date | 07-28-2009 | |||||
| Next Renewal | 07-27-2019 | |||||||
| Trademark China | TM1098CN28 | |||||||
|
HERBALIFE in Chinese (simplified) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
5318596 | Registration No. | 5318596 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 28 | |||||||
| List of Goods | ||||||||
| 28 | Games machines other than those adapted for use with television receivers only; puppets (2801); stuffed toys; plastic figurines (toys) (2802); playing cards (2803); balls for games (2804); body-building apparatus (2805); archery (2806); machines for physical exercises (2807); swimming pool (recreational use); plastic running tracks (2808); knee guards [sport articles]; roller skates (2809); decorations for Christmas trees (other than light bulbs or confectionery) (2810); fishing tackles (2811); sweat-bands for rackets (2812). | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-27-2006 | Registration Date | 08-28-2009 | |||||
| Next Renewal | 08-27-2019 | |||||||
118/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1098CN21 | |||||||
|
HERBALIFE in Chinese (simplified) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
5318598 | Registration No. | 5318598 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 21 | |||||||
| List of Goods | ||||||||
| 21 | Containers for household or kitchen use [except in precious metal]; kitchen utensils, not of precious metal; cups of paper or plastic; domestic grinders, non-electric; mixing machines, non-electric, for household purposes; lunch boxes; stew-pans; frying pans; boxes not of precious metal for tablets; mugs; beverage glassware; porcelain; figurines of china, crystal, earthenware, glass, porcelain, and terra cotta; drinking glasses; soap dishes; hair combs; hair brushes; material for brush-making; toothbrushes; toothpick holders not of precious metal; toilet sponges; vacuum bottles; sponges for household use; unworked or semi-worked glass (except glass used in building); drinking troughs; mouse traps. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-27-2006 | Registration Date | 07-14-2009 | |||||
| Next Renewal | 07-13-2019 | |||||||
| Trademark China | TM1098CN44 | |||||||
|
HERBALIFE in Chinese (simplified) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
5299261 | Registration No. | 5299261 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Health care; instructions of beverages and food nutrition; beauty salons; massage; manicuring; veterinary assistance; horticulture; flower arranging; opticians services; rental of sanitation facilities. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-19-2006 | Registration Date | 10-07-2009 | |||||
| Next Renewal | 10-06-2019 | |||||||
| Trademark China | TM1098CN09 | |||||||
|
HERBALIFE in Chinese (simplified) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
5318601 | Registration No. | 5318601 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 09 | |||||||
| List of Goods | ||||||||
| 09 | Calculators; apparatus to check stamping mail; cash registers; automatic vending machines; self-regulating fuel pumps; hemline markers; plotters; electronic tags for goods; dictating machines; voting machines; facsimile machines; weighing machines; measure; signals, luminous or mechanical; intercommunication apparatus; audio tapes; video tapes; phonograph records; compact discs (audio and video); sound recording; semi-conductors; cameras (photography); nautical apparatus and instruments; speed checking apparatus for vehicles; metronomes; audiovisual teaching apparatus; high-frequency apparatus; probes for scientific purposes; optical apparatus and instruments; telephone wire; wafers [silicon slices]; integrated circuits; electric coils; transformers [electricity]; remote control apparatus; optical fibers [fibres] [light conducting filaments]; automatic turnstiles; electroplating instruments; fire extinguishers; electric welding apparatus; radiological apparatus for industrial purposes, life saving apparatus and equipment; whistle alarms; batteries; motion picture films (exposed); electric door openers. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-27-2006 | Registration Date | 07-21-2009 | |||||
| Next Renewal | 07-20-2019 | |||||||
119/745
| 3/4/2014 | Portfolio Report |
120/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1155CN03 | |||||||
|
HERBALIFE SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
7644614 | Registration No. | 7644614 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; cleaning preparations; abrasives; cosmetics; lip balm, creams; gels; lotions; masks; and sprays for the face and body; toothpaste; facial cleaning cream; lotions for cosmetics purposes. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
08-25-2009 | Registration Date | 02-14-2013 | |||||
| Next Renewal | 02-13-2023 | |||||||
| Trademark China | TM1668CN00 | |||||||
| ICHANGE HERBALIFE | ||||||||
| Status: | Registered | |||||||
| Registration No. | 14175382 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Trademark China | TM1670CN00 | |||||||
|
Lai Ju (ICHANGE in simplified characters) |
||||||||
| Status: | Registered | |||||||
| Registration No. | 14175375 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Trademark China | TM1673CN36 | |||||||
|
Let Angels Hear (simplified characters) |
||||||||
| Status: | Pending | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 36 | |||||||
| List of Goods | ||||||||
| 36 | ||||||||
| Trademark China | TM1049CN32 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4319615 | Registration No. | 4319615 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages; fruit powder; non-alcoholic beverages, being energy and nutritional drinks; isotonic drinks; vegetable drinks; preparations for making non-alcoholic beverages, being energy and nutritional drinks; pastilles for effervescing beverages, being energy and nutritional drinks; powders for effervescing beverages, being energy and nutritional drinks. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
10-20-2004 | Registration Date | 03-14-2007 | |||||
| Next Renewal | 03-13-2017 | |||||||
121
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1049CN30 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 6077772 | Registration No. | 6077772 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Nutritious fluids, not for medical purposes; nutritious powders, not for medical purposes; nutritious pastes, not for medical purposes; nutritious tablets, not for medical purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-29-2007 | Registration Date | 12-28-2009 | |||||
| Next Renewal | 12-27-2019 | |||||||
| Trademark China | TM1010CN32 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 5798962 | Registration No. | 5798962 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages; soft drinks; fruit juices; fruit powder (3202); preparations for making beverages; powders for effervescing beverages (3203). | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-21-2006 | Registration Date | 10-21-2009 | |||||
| Next Renewal | 10-20-2019 | |||||||
| Trademark China | TM1010CN30 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 7261829 | Registration No. | 7261829 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Nutritional food in powder form, not for medical use; nutritional food in paste form, not for medical use; nutritional food in capsule form, not for medical use; nutritional food in liquid form, not for medical use; nutritional food in powder form made of herbs and enriched with minerals and protein (not for medical use); nutritional food in paste form made of herbs and enriched with minerals and protein (not for medical use); nutritional food in capsule form made of herbs and enriched with minerals and protein (not for medical use); nutritional food in liquid form made of herbs and enriched with minerals and protein (not for medical use). | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-18-2009 | Registration Date | 05-20-2010 | |||||
| Next Renewal | 05-19-2020 | |||||||
| Trademark China | TM1010CN05 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 8981284 | Registration No. | 8981284 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin Preparations; dietetic foods adapted for medical purposes; dietetic beverages adapted for medical purposes; dietetic substances adapted for medical use; mineral food-supplements; nutritional additives for medical purposes. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
12-23-2010 | Registration Date | 09-14-2012 | |||||
| Next Renewal | 09-13-2022 | |||||||
122
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1111CN05 | |||||||
|
NITEWORKS in Simplified Chinese Characters (nai wo ke) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
8981283 | Registration No. | 8981283 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin Preparations; dietetic foods adapted for medical purposes; dietetic beverages adapted for medical purposes; dietetic substances adapted for medical use; mineral food-supplements; nutritional additives for medical purposes. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
12-23-2010 | Registration Date | 09-14-2012 | |||||
| Next Renewal | 09-13-2022 | |||||||
| Trademark China | TM1111CN3 | |||||||
| NITEWORKS in Simplified Chinese Characters (nai wo ke) | ||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 8981282 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Nutritional food in powder form, not for medical use; nutritional food in paste form, not for medical use; nutritional food in capsule form, not for medical use; nutritional food in liquid form, not for medical use; nutritional food in powder form made of herbs and enriched with minerals and protein (not for medical use); nutritional food in paste form made of herbs and enriched with minerals and protein (not for medical use); nutritional food in capsule form made of herbs and enriched with minerals and protein (not for medical use); nutritional food in liquid form made of herbs and enriched with minerals and protein (not for medical use). | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-06-2012 | Next Renewal | 01-05-2022 | |||||
| Trademark China | TM1111CN30 | |||||||
|
NITEWORKS in Simplified Chinese Characters (ye ning xe) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
7261830 | Registration No. | 7261830 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Nutritional food in powder form, not for medical use; nutritional food in paste form, not for medical use; nutritional food in capsule form, not for medical use; nutritional food in liquid form, not for medical use; nutritional food in powder form made of herbs and enriched with minerals and protein (not for medical use); nutritional food in paste form made of herbs and enriched with minerals and protein (not for medical use); nutritional food in capsule form made of herbs and enriched with minerals and protein (not for medical use); nutritional food in liquid form made of herbs and enriched with minerals and protein (not for medical use). | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-18-2009 | Registration Date | 08-20-2010 | |||||
| Next Renewal | 08-19-2020 | |||||||
123
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1111CN32 | |||||||
|
NITEWORKS in Simplified Chinese Characters (ye ning xe) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
6498774 | Registration No. | 6498774 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | 1. non-alcoholic beverages; 2. soft drinks; 3. fruit juices; 4. fruit powder; 5. preparations for making beverages; 6. powders for effervescing beverages. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
01-08-2008 | Registration Date | 03-28-2010 | |||||
| Next Renewal | 03-27-2020 | |||||||
| Trademark China | TM1386CN00 | |||||||
|
PROLESSA |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
8110769 | Registration No. | 8110769 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic foods adapted for medical purposes; dietetic beverages adapted for medical purposes; dietetic substances adapted for medical use; mineral food supplements; nutritional additives for medical purposes. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
05-17-2010 | Registration Date | 03-11-2010 | |||||
| Next Renewal | 04-13-2021 | |||||||
| Trademark China | TM1386CN05 | |||||||
|
PROLESSA in simplified characters |
||||||||
| Status: | Pending | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Trademark China | TM1374CN30 | |||||||
|
PROLESSA in simplified characters |
||||||||
| Status: | Pending | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
124
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1374CN00 | |||||||
|
PROLESSA, cl. 30 |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
8110768 | Registration No. | 8110768 | |||||
|
Application Type: |
Without Priority | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | 30: Coco beverages, chocolate beverages, tea substitutes, nutriitonal liquids, not for medical purposes; nutritional extracts, not for medical purposes; nutiotional powders, not formedical purposes; nutritional capsules, not formedical purposes. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-11-2010 | Registration Date | 03-14-2011 | |||||
| Next Renewal | 03-13-2021 | |||||||
| Trademark China | TM1038CN44 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4026776 | Registration No. | 4026776 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Health care; instruction regarding beverages and food nutrition; beauty salons; massage; manicuring. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-20-2004 | Registration Date | 06-07-2007 | |||||
| Next Renewal | 06-06-2017 | |||||||
| Trademark China | TM1038CN30 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4026773 | Registration No. | 4026773 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coco beverages; coffee; chocolate beverages; tea; tea beverages; tea substitutes; sugar; chocolate; nutritional liquids, not for medical purposes; nutritional extracts, not for medical purposes; nutritional powders, not for medical purposes; nutritional capsules, not for medical purposes; pizzas; preparations made from cereals; pasta; soya flour; starch for food; ice cream; salt; vinegar; ketchup; yeast; essences for foodstuffs (except etheric essences and essential oils). | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-20-2004 | Registration Date | 05-14-2006 | |||||
| Next Renewal | 05-13-2016 | |||||||
| Trademark China | TM1038CN32 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4026779 | Registration No. | 4026779 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages, soft drinks, fruit juices; fruit powder; preparations for making beverages; powders for effervescing beverages. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-20-2004 | Registration Date | 05-14-2006 | |||||
| Next Renewal | 05-13-2016 | |||||||
125
| 3/4/2014 | Portfolio Report |
|
Trademark China Ring of Leaves device |
TM1038CN35 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | 4026772 | Registration No. | 4026772 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; advertising by mail order; demonstration of goods; distribution of samples; business management assistance; business information agency; organization of exhibitions for commercial or advertising purposes; organization of trade fairs for commercial or advertising purposes; business consultancy; business research; marketing research; marketing analysis; sales promotion (for others); procurement services for other (purchasing goods and services for other businesses); personnel management consultancy; relocation services for businesses; computerized file management; computer input services; issuing invoices; accounting; rental of vending machines. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-20-2004 | Registration Date | 03-14-2007 | |||||
| Next Renewal | 03-13-2017 | |||||||
|
Trademark China Ring of Leaves device |
TM1038CN21 | |||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4026781 | Registration No. | 4026781 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 21 | |||||||
| List of Goods | ||||||||
| 21 | Hair combs; hair brushes; material for brush-making; toothbrushes; toothpick holders not of precious metal; toilet sponges; vacuum bottles; sponges for household use; drinking troughs; mouse traps. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-20-2004 | Registration Date | 04-28-2007 | |||||
| Next Renewal | 04-27-2017 | |||||||
|
Trademark China Ring of Leaves device |
TM1038CN25 | |||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4026775 | Registration No. | 4026775 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 25 | |||||||
| List of Goods | ||||||||
| 25 | Belts for clothing (clothing); bathing suits; rainwear and shower caps. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-20-2004 | Registration Date | 01-28-2008 | |||||
| Next Renewal | 01-27-2018 | |||||||
126/745
| 3/4/2014 | Portfolio Report |
|
Trademark China Ring of Leaves device |
TM1038CN29 | |||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
Registration No. | 4026780 | ||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
|
Registration Date |
05-28-2006 | Next Renewal | 05-27-2016 | |||||
|
Trademark China Ring of Leaves device |
TM1038CN28 | |||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4026774 | Registration No. | 4026774 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 28 | |||||||
| List of Goods | ||||||||
| 28 | Games machines other than those adapted for use with television receivers only; puppets; stuffed toys; plastic figurines (toys); playing cards; balls for games; body-building apparatus; archery; machines for physical exercises; swimming pool (recreational use); plastic running tracks; knee guards (sport articles); roller skates; decorations for Christmas trees (other than light bulbs or confectionery); fishing tackles; sweat-bands for rackets. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-20-2004 | Registration Date | 11-21-2007 | |||||
| Next Renewal | 11-20-2017 | |||||||
|
Trademark China Ring of Leaves device |
TM1038CN41 | |||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4026778 | Registration No. | 4026778 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Education related to weight management and human health and fitness; training programs related to weight management and human health and fitness; education related to multi-level marketing and development of small businesses; training programs related to multi-level marketing and development of small businesses; arranging and conducting of conference; distribution of videotapes; lending libraries; publication of texts (other than publicity texts); videotape editing; club services (entertainment or education); gymnastic instruction; animal training; modelling for artists. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-20-2004 | Registration Date | 03-14-2007 | |||||
| Next Renewal | 03-13-2017 | |||||||
|
Trademark China Ring of Leaves device |
TM1038CN42 | |||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4026777 | Registration No. | 4026777 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 42 | |||||||
| List of Goods | ||||||||
| 42 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
04-20-2004 | Registration Date | 03-14-2007 | |||||
| Next Renewal | 03-13-2017 | |||||||
127/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1038CN03 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4026766 | Registration No. | 4026766 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoos; hair conditioners; bleaching agents; cleaning preparations; shining preparations (polish); abrasive cloths; perfumery; hair styling sprays; hair styling gels; hair styling pomades; perfume; hair mousse; facial cream; facial lotions; facial gels; beauty masks; facial exfoliants; toners; facial sprays; hand lotion; hand creams; hand gels; hand scrubs; body creams; body lotions; body washes; body gels; body exfoliants; body sprays; cosmetics; after-shave lotion; shaving preparations; breath freshening sprays; incense; shampoos for animals. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-20-2004 | Registration Date | 11-07-2007 | |||||
| Next Renewal | 11-06-2017 | |||||||
| Trademark China | TM1038CN05 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4026765 | Registration No. | 4026765 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations; sunburn ointments; lotions for pharmaceutical purposes; pharmaceutical preparations for skin care; pharmaceutical preparations for treating dandruff; isotopes for medical purposes; gases for medical purposes; chemical conductors for electrocardiograph electrodes; semen for artificial insemination; disinfectants; solutions for contact lenses; bouillons for bacteriological cultures; dietetic foods adapted for medical purposes; dietetic beverages adapted for medical purposes; dietetic substances adapted for medical use; mineral food-supplements; nutritional additives for medical purposes; air freshening preparations; veterinary preparations; pesticides; sterilised paper towels; absorbent cotton; dental abrasives. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-20-2004 | Registration Date | 12-14-2006 | |||||
| Next Renewal | 12-13-2016 | |||||||
| Trademark China | TM1038CN09 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4026764 | Registration No. | 4026764 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 09 | |||||||
| List of Goods | ||||||||
| 09 |
Calculators; apparatus to check stamping mail; cash registers; automatic vending machines; self-regulating fuel pumps; hemline markers; plotters; electronic tags for goods; dictating machines; voting machines; facsimile machines; weighing machines; measures; signals, luminous or mechanical; intercommunication apparatus; audio tapes; video tapes; phonograph records; compact discs (audio and video); sound recordings; semi-conductors; cameras (photography); nautical apparatus and instruments; speed checking apparatus for vehicles; metronomes; audiovisual teaching apparatus; high-frequency apparatus; probes for scientific purposes; optical apparatus and instruments; telephone wire; wafers (silicon slices); integrated circuits; electric coils; transformers (electricity); remote control apparatus; optical fibers (light conducting filaments); automatic turnstiles; electroplating instruments; fire extinguishers; electric welding apparatus; radiological apparatus for industrial purposes; whistle alarms; batteries; motion picture films (exposed); electric door openers. |
|||||||
| Diary Dates: | ||||||||
| Application Date | 04-20-2004 | Registration Date | 09-07-2006 | |||||
| Next Renewal | 09-06-2016 | |||||||
128/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1038CN16 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4026763 | Registration No. | 4026763 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | Paper; drawing paper; tissues of paper for removing make-up; cardboard articles; printed matter; product catalogues; brochures; informational flyers; figurines made of paper; books; periodicals; photographs; bags (envelopes, pouches) of paper or plastics, for packaging; bookbinding material; stationery; inks; rubber stamps; writing instruments; adhesives for stationery or household purposes; drawing instruments; drawing materials; printers type; teaching materials (except apparatus); modeling clay; chaplets. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-20-2004 | Registration Date | 01-14-2007 | |||||
| Next Renewal | 01-13-2017 | |||||||
| Trademark China | TM1038CN18 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4026762 | Registration No. | 4026762 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 18 | |||||||
| List of Goods | ||||||||
| 18 | Leather, unworked or semi-worked; tote bags; satchels; travel bags; handbags; leather trimmings for furniture; leather straps; umbrellas; walking canes; saddlery; gut for making sausages. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
04-20-2004 | Registration Date | 11-21-2007 | |||||
| Next Renewal | 11-20-2017 | |||||||
|
Trademark China SHAPEWORKS |
TM1040CN32 | |||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4277437 | Registration No. | 4277437 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages, soft drinks, fruit juices; fruit powder; preparations for making beverages; powders for effervescing beverages. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
09-20-2004 | Registration Date | 02-28-2007 | |||||
| Next Renewal | 02-27-2017 | |||||||
129/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1040CN05 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4277812 | Registration No. | 4277812 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations; sunburn ointments; lotions for pharmaceutical purposes; pharmaceutical preparations for skin care; pharmaceutical preparations for treating dandruff; isotopes for medical purposes; gases for medical purposes; chemical conductors for electrocardiograph electrodes; semen for artificial insemination; disinfectants; solutions for contact lenses; bouillons for bacteriological cultures; dietetic foods adapted for medical purposes; dietetic beverages adapted for medical purposes; dietetic substances adapted for medical use; mineral food-supplements; nutritional additives for medical purposes; air freshening preparations; veterinary preparations; pesticides; sterilised paper towels; absorbent cotton; dental abrasives. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
09-20-2004 | Registration Date | 10-14-2007 | |||||
| Next Renewal | 10-13-2017 | |||||||
| Trademark China | TM1040CN29 | |||||||
| SHAPEWORKS | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4277438 | Registration No. | 4277438 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Meat; fish products; fruit preserves; fruit chips; dried vegetables; eggs; milk products; edible oil; edible fats; fruit salads; jellies; prepared nuts; processed peanuts; dried edible fungus; tofu. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
09-20-2004 | Registration Date | 02-28-2007 | |||||
| Next Renewal | 02-27-2017 | |||||||
|
Trademark China SHAPEWORKS |
TM1040CN44 | |||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
4277410 | Registration No. | 4277410 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Dietary counseling; veterinary assistance; horticulture; flower arranging; opticians services; rental of sanitation facilities. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
09-20-2004 | Registration Date | 07-07-2008 | |||||
| Next Renewal | 07-06-2018 | |||||||
| Trademark China | TM1280CN00 | |||||||
| SUPRESSA cl. 30 | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
7619960 | Registration No. | 7619960 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Nutritional food in powder form, not for medical use; nutritional food in paste form, not for medical use; nutritional food in capsule form, not for medical use; nutritional food in liquid form, not for medical use | |||||||
| Diary Dates: | ||||||||
|
Application Date |
08-14-2010 | Registration Date | 11-14-2010 | |||||
| Next Renewal | 11-13-2020 | |||||||
130/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1439CN00 | |||||||
| Tablet leaf imprint design | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
201030658634.9 | Registration No. |
ZL201030658634.9 |
|||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
12-01-2010 | Registration Date | 05-08-2011 | |||||
| Next Renewal | 12-01-2020 | |||||||
| Trademark China | TM1024CN30 | |||||||
| THERMO-BOND | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
2000085152 | Registration No. | 1687137 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Chewing gum not for medical purposes, confectionery; nutritional tablets not for medical use; nutritional fluid not for medical use; nutritional powder not for medical use; nutritional capsule not for medical use. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
06-15-2000 | Registration Date | 12-21-2001 | |||||
| Next Renewal | 12-20-2021 | |||||||
| Trademark China | TM1112CN31 | |||||||
|
THERMO-BOND & simplified Chinese characters |
||||||||
| Status: | Pending | |||||||
|
Application No. |
8397089 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Nutritional tablets not for medical purposes; fiber tablets; nutritional fluid not for medical purposes, nutritional powder not for medical purposes, nutritional capsules not for medical purposes; nutritional extracts, not for medical purposes (3005). | |||||||
| Diary Dates: | ||||||||
|
Application Date |
06-17-2010 | |||||||
131/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1025CN05 | |||||||
| THERMOJETICS | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
94076513 | Registration No. | 852144 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic foods and beverages adapted for medical purposes, dietetic substances adapted for medical use; vitamin preparations; nutritional supplements for medical purposes, consisting of vitamins, minerals and protein, all in tablet, powder or liquid forms. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
08-05-1994 | Registration Date | 07-07-1996 | |||||
| Next Renewal | 07-06-2016 | |||||||
|
Trademark China THERMOJETICS |
TM1025CN30 | |||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
94076514 | Registration No. | 837227 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; soup, mustard; vinegar, sauces (except salad dressings); spices; ice. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
08-05-1994 | Registration Date | 05-07-1996 | |||||
| Next Renewal | 05-06-2016 | |||||||
| Trademark China | TM1025CN32 | |||||||
| THERMOJETICS | ||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
94076515 | Registration No. | 844959 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters, non-alcoholic drinks; fruit drinks and fruit juices; syrups, preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
08-05-1994 | Registration Date | 06-07-1996 | |||||
| Next Renewal | 06-06-2016 | |||||||
|
Trademark China THERMOJETICS in Chinese |
TM1109CN05 | |||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
94119725 | Registration No. | 892441 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic foods and beverages adapted for medical purposes, dietetic substances adapted for medical use; vitamin preparations; nutritional supplements for medical purposes, consisting of vitamins, minerals and protein, all in tablet, powder or liquid forms. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
11-19-1994 | Registration Date | 11-07-1996 | |||||
| Next Renewal | 11-06-2016 | |||||||
132/745
| 3/4/2014 | Portfolio Report |
|
Trademark China THERMOJETICS in Chinese |
TM1109CN30 | |||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
94119726 | Registration No. | 874530 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; soup, mustard; vinegar, sauces (except salad dressings); spices; ice. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
11-19-1994 | Registration Date | 09-28-1996 | |||||
| Next Renewal | 09-27-2016 | |||||||
|
Trademark China THERMOJETICS in Chinese |
TM1109CN32 | |||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
94119727 | Registration No. | 874643 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters, non-alcoholic drinks; fruit drinks and fruit juices; syrups, preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
11-19-1994 | Registration Date | 09-28-1996 | |||||
| Next Renewal | 09-27-2016 | |||||||
|
Trademark China Tri-Leaf and HERBALIFE and kang bao lai (white on green) |
TM1573CN05 | |||||||
| Status: | Pending | |||||||
|
Application No. |
11922098 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | 0501 (1): Vitamin preparation; dietary fiber; 0502: dietetic beverages adapted for medical purposes; dietetic foods adapted for medical purposes; dietetic substances adapted for medical use; nutritional supplements; mineral foods supplements; albumin dietary supplements; flaxseed dietary supplements; flaxseed oil dietary supplements; wheat germ dietary supplements; yeast dietary supplements; royal jelly dietary supplements; propolis dietary supplements; pollen dietary supplements; enzyme dietary supplements; glucose dietary supplements; lecithin dietary supplements; alginate dietary supplements; casein dietary supplements; protein dietary supplements. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
12-20-2012 | |||||||
133/745
| 3/4/2014 | Portfolio Report |
| Trademark China | TM1574CN30 | |||||||
|
Tri-Leaf and HERBALIFE and kang bao lai (white on green) |
||||||||
| Status: | Pending | |||||||
| Application No. | 11922099 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coco beverages; coffee; chocolate beverages (3001); tea; tea beverages; iced tea (3002); sugar (3003); chocolate (3004); royal jelly (3005); pizzas (3007); preparations made form cereals (3008); pasta (3009); soya flour (3011); starch for food (3012); ice cream (3013); salt (3014); vinegar (3015); ketchup (3016); yeast (3017); essences for foodstuffs (except etheric essences and essential oils) (3018); cereal based snack food (3006, 3010); preparations for stiffening whipped cream; meat tenderizers, for household purposes; gluten prepared as foodstuff (3019). | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-20-2012 | |||||||
| Trademark China | TM1027CN30 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 6089600 | Registration No. | 6089600 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Goods: "Coco beverages; coffee; chocolate beverages (3001); tea; tea beverages; tea substitutes (3002); sugar (3003); chocolate (3004); nutritional liquids, not for medical purposes; nutritional extracts, not for medical purposed; nutritional powders, not for medical purposes; nutritional capsules, not formedical purposes (3005); pizzas (3007); salt (3014); vinegar (3025); ketchup (3016); yease (3017); essences for foodstuffs {exept for etheric essences and essential oils} (3018)." | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-04-2007 | Registration Date | 05-14-2012 | |||||
| Next Renewal | 05-13-2022 | |||||||
| Trademark China | TM1027CN03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 95059183 | Registration No. | 944529 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, facial creams, body creams, shaving creams, suntan oils and suntan lotions. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-16-1995 | Registration Date | 02-14-1997 | |||||
| Next Renewal | 02-13-2017 | |||||||
| Trademark China | TM1027CN05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 940626 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 05-16-1995 | Registration Date | 02-07-1997 | |||||
| Next Renewal | 02-06-2017 | |||||||
134/745
| 3/4/2014 | Portfolio Report |
135/745
| 3/4/2014 | Portfolio Report |
136/745
| 3/4/2014 | Portfolio Report |
137/745
| 3/4/2014 | Portfolio Report |
138/745
| 3/4/2014 | Portfolio Report |
139/745
| 3/4/2014 | Portfolio Report |
140/745
| 3/4/2014 | Portfolio Report |
141/745
| 3/4/2014 | Portfolio Report |
142/745
| 3/4/2014 | Portfolio Report |
143/745
| 3/4/2014 | Portfolio Report |
144/745
| 3/4/2014 | Portfolio Report |
| Trademark Colombia | TM1097CO05 | |||||||
| SCHIZANDRA PLUS | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 92 236833 5 | Registration No. | 118829 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-25-1992 | Next Renewal | 08-25-2012 | |||||
| Trademark Colombia | TM1040CO44 | |||||||
| SHAPEWORKS | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 04 070819 | Registration No. | 295084 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2004 | Registration Date | 03-08-2005 | |||||
| Next Renewal | 03-08-2015 | |||||||
| Trademark Colombia | TM1040CO29 | |||||||
| SHAPEWORKS | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 04 070815 | Registration No. | 295045 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2004 | Registration Date | 03-08-2005 | |||||
| Next Renewal | 03-08-2015 | |||||||
| Trademark Colombia | TM1040CO30 | |||||||
| SHAPEWORKS | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 04 070817 | Registration No. | 295082 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2004 | Registration Date | 03-08-2005 | |||||
| Next Renewal | 03-08-2015 | |||||||
145/745
| 3/4/2014 | Portfolio Report |
146/745
| 3/4/2014 | Portfolio Report |
147/745
| 3/4/2014 | Portfolio Report |
148/745
| 3/4/2014 | Portfolio Report |
|
Trademark Costa Rica CELL-U-LOSS |
TM1031CR00 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 127805 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-26-2001 | Next Renewal | 01-26-2021 | |||||
|
Trademark Costa Rica Figurine Design (reversed rainbowman) |
TM1080CR00 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 123730 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, liquid, capsule or powder form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-05-2001 | Next Renewal | 02-05-2021 | |||||
|
Trademark Costa Rica Figurine Design (reversed rainbowman) |
TM1080CR02 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 123731 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal teas. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-05-2001 | Next Renewal | 02-05-2021 | |||||
|
Trademark Costa Rica HERBALIFE |
TM1001CR02 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 123660 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Products for skin care, especially, cleansers, moisturizers, toners, astringents, face masks, screens for body and face, facial creams, eye creams, body creams, creams for body toning, body oils, body lotions, gels and bath salts, perfumes and colognes. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-17-2001 | Next Renewal | 01-17-2021 | |||||
149/745
| 3/4/2014 | Portfolio Report |
|
Trademark Costa Rica HERBALIFE |
TM1001CR03 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 75268 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical preparations, vitamins, minerals, medicated dietary supplements, proteins, herbs, dietary supplements, medicinal supplements and conditioners in all forms, including tablets, liquids, capsules and powders, juices, herbs for medicinal purposes, medicinal and herb broth. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 04-17-1991 | Next Renewal | 04-17-2021 | |||||
|
Trademark Costa Rica HERBALIFE |
TM1001CR04 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 75269 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Extracts of foods, canned foods, meats, fish, poultry and game, vegetables and dried fruits and cooked, jellies, eggs and others. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 04-17-1991 | Next Renewal | 04-17-2021 | |||||
|
Trademark Costa Rica HERBALIFE |
TM1001CR05 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 123658 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal teas. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-17-2001 | Next Renewal | 01-17-2021 | |||||
|
Trademark Costa Rica HERBALIFE |
TM1001CR00 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 123663 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic fruit beverages. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-17-2001 | Next Renewal | 01-17-2021 | |||||
150/745
| 3/4/2014 | Portfolio Report |
| Trademark Costa Rica | TM1001CR01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 126821 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 42 | |||||||
| List of Goods | ||||||||
| 42 | Distribution services of dietary and nutritional supplements, cosmetics and skin care products. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 06-25-2001 | Next Renewal | 06-25-2021 | |||||
| Trademark Costa Rica | TM1207CR00 | |||||||
|
HERBALIFE CELL ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2009-0010780 | Registration No. | 201871 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements composed mainly of fatty acids, minerals and herbs that have a cell activating function. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-11-2009 | Registration Date | 06-28-2010 | |||||
| Next Renewal | 06-28-2020 | |||||||
| Trademark Costa Rica | TM1029CR00 | |||||||
|
HERBALIFE DISTRIBUTOR NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005-0009632 | Registration No. | 162895 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35, 44 | |||||||
| List of Goods | ||||||||
| 35 | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-15-2005 | Registration Date | 09-28-2006 | |||||
| Next Renewal | 09-27-2016 | |||||||
151/745
| 3/4/2014 | Portfolio Report |
152/745
| 3/4/2014 | Portfolio Report |
153/745
| 3/4/2014 | Portfolio Report |
| Trademark Costa Rica | TM1010CR01 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2010-0001099 | Registration No. | 201935 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic substances for medical purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-11-2010 | Registration Date | 06-30-2010 | |||||
| Next Renewal | 06-30-2020 | |||||||
| Trademark Costa Rica | TM1021CR00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005-0002304 | Registration No. | 155838 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-31-2005 | Registration Date | 01-26-2006 | |||||
| Next Renewal | 01-26-2016 | |||||||
| Trademark Costa Rica | TM1021CR01 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005-0002305 | Registration No. | 155854 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-31-2005 | Registration Date | 01-26-2006 | |||||
| Next Renewal | 01-26-2016 | |||||||
| Trademark Costa Rica | TM1082CR00 | |||||||
|
NRG |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 127961 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-26-2001 | Next Renewal | 01-26-2021 | |||||
154/745
| 3/4/2014 | Portfolio Report |
| Trademark Costa Rica | TM1082CR01 | |||||||
|
NRG |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 127950 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal teas. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-26-2001 | Next Renewal | 01-26-2021 | |||||
| Trademark Costa Rica | TM1542CR00 | |||||||
|
PROLESSA |
||||||||
| Status: | Registered/Granted | |||||||
| Application Type: | Without Priority | Registration No. | 229254 | |||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary supplement in powder form composed primarily of fatty acids and oils, none of which are related to bones, diseases or bone disorders, the prevention and treatment of diseases or bone disorders, or any related conditions or disorders. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-05-2013 | Next Renewal | 08-05-2023 | |||||
| Trademark Costa Rica | TM1037CR00 | |||||||
|
RADIANT C |
||||||||
| Status: | Pending | |||||||
| Application No. | 2005/009636 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-15-2005 | |||||||
| Trademark Costa Rica | TM1038CR00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005-0002094 | Registration No. | 155835 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-17-2005 | Registration Date | 01-26-2006 | |||||
| Next Renewal | 01-26-2016 | |||||||
155/745
| 3/4/2014 | Portfolio Report |
156/745
| 3/4/2014 | Portfolio Report |
157/745
| 3/4/2014 | Portfolio Report |
158/745
| 3/4/2014 | Portfolio Report |
| Trademark Costa Rica | TM1024CR00 | |||||||
|
THERMO-BOND |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 123659 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, liquid, capsule or powder form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-17-2001 | Next Renewal | 01-17-2021 | |||||
| Trademark Costa Rica | TM1025CR00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 123662 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, liquid, capsule or powder form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-17-2001 | Next Renewal | 01-17-2021 | |||||
| Trademark Costa Rica | TM1025CR01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 123651 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal teas. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-17-2001 | Next Renewal | 01-17-2021 | |||||
| Trademark Costa Rica | TM1027CR03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 123719 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Products for skin care, especially cleansers, moisturizers, toners, astringents, face masks, body and face screens, facial creams, eye creams, body lotions, creams for body toning, body oils, body lotions, bath gels and salts, perfumes and colognes. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-05-2001 | Next Renewal | 02-05-2021 | |||||
159/745
| 3/4/2014 | Portfolio Report |
| Trademark Costa Rica | TM1027CR02 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 123700 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic fruit beverages. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-05-2001 | Next Renewal | 02-05-2021 | |||||
| Trademark Costa Rica | TM1027CR00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 123728 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, liquid, capsule or powder form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-05-2001 | Next Renewal | 02-05-2021 | |||||
| Trademark Costa Rica | TM1027CR01 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 123729 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal teas. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-05-2001 | Next Renewal | 02-05-2021 | |||||
| Trademark Costa Rica | TM1033CR00 | |||||||
|
TRI-SHIELD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005-0009634 | Registration No. | 161535 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-15-2005 | Registration Date | 08-18-2006 | |||||
| Next Renewal | 08-18-2016 | |||||||
160/745
| 3/4/2014 | Portfolio Report |
161/745
| 3/4/2014 | Portfolio Report |
162/745
| 3/4/2014 | Portfolio Report |
163/745
| 3/4/2014 | Portfolio Report |
164/745
| 3/4/2014 | Portfolio Report |
165/745
| 3/4/2014 | Portfolio Report |
166/745
| 3/4/2014 | Portfolio Report |
| Trademark Croatia | TM1027HR00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Z20060311A | Registration No. | Z20060311 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 09, 10, 14, 16, 18, 21, 25, 28, 29, 30, 32, 35, 41, 42 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 09 | ||||||||
| 10 | ||||||||
| 14 | ||||||||
| 16 | ||||||||
| 18 | ||||||||
| 21 | ||||||||
| 25 | ||||||||
| 28 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| 41 | ||||||||
| 42 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-22-2006 | Registration Date | 03-20-2007 | |||||
| Next Renewal | 02-22-2016 | |||||||
| Trademark Cyprus | TM1080CY05 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 53937 | Registration No. | 53937 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietetic supplements, all consisting of vitamins, minerals, herbs, plant fibre and proteins, all in the form of tablets, liquid, capsules or powder. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-19-1999 | Registration Date | 05-28-2004 | |||||
| Next Renewal | 08-19-2020 | |||||||
167/745
| 3/4/2014 | Portfolio Report |
| Trademark Cyprus | TM1001CY05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 53935 | Registration No. | 53935 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements, comprising of vitamins, mineral elements, herbs, vegetable threads and proteins, in tablets, liquid form, capsules or powder. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-19-1999 | Registration Date | 03-24-2004 | |||||
| Next Renewal | 08-19-2020 | |||||||
| Trademark Cyprus | TM1016CY05 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 59963 | Registration No. | 59963 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietetic foodstuff supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-02-2001 | Registration Date | 08-23-2005 | |||||
| Next Renewal | 05-02-2022 | |||||||
| Trademark Cyprus | TM1007CY03 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 61304 | Registration No. | 61304 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Facial cream, eye cream and body lotion. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-02-2001 | Registration Date | 06-30-2006 | |||||
| Next Renewal | 10-02-2022 | |||||||
| Trademark Cyprus | TM1025CY05 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 53938 | Registration No. | 53938 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietetic supplements, all consisting of vitamins, minerals, herbs, plant fibre and proteins, all in the form of tablets, liquid, capsules or powder. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-19-1999 | Registration Date | 05-28-2004 | |||||
| Next Renewal | 08-19-2020 | |||||||
168/745
| 3/4/2014 | Portfolio Report |
| Trademark Cyprus | TM1027CY05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 53936 | Registration No. | 53936 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietetic supplements, all consisting of vitamins, minerals, herbs, plant fibre and proteins, all in the form of tablets, liquid, capsules or powder. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-19-1999 | Registration Date | 05-28-2004 | |||||
| Next Renewal | 08-19-2020 | |||||||
| Trademark Czech Republic | TM1031CZ00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 116410 | Registration No. | 210338 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamins and mineral substances. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-05-1996 | Registration Date | 06-29-1998 | |||||
| Next Renewal | 11-05-2016 | |||||||
| Trademark Czech Republic | TM1068CZ00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 92233 | Registration No. | 192076 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-30-1994 | Registration Date | 07-24-1996 | |||||
| Next Renewal | 08-30-2014 | |||||||
| Trademark Czech Republic | TM1030CZ00 | |||||||
|
DINOMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 114918 | Registration No. | 207724 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-17-1996 | Registration Date | 02-25-1998 | |||||
| Next Renewal | 09-17-2016 | |||||||
169/745
| 3/4/2014 | Portfolio Report |
| Trademark Czech Republic | TM1080CZ00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 91694 | Registration No. | 194264 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-04-1994 | Registration Date | 10-23-1996 | |||||
| Next Renewal | 08-04-2014 | |||||||
| Trademark Czech Republic | TM1001CZ00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 68945 | Registration No. | 179635 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 39 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 39 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 06-01-1992 | Registration Date | 09-15-1994 | |||||
| Next Renewal | 06-01-2022 | |||||||
| Trademark Czech Republic | TM1001CZ01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 85190 | Registration No. | 190329 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 32 | |||||||
| List of Goods | ||||||||
| 05 | Vitamins, minerals and herbs for making beverages. | |||||||
| 32 | Fruit juices, fruit juices, fruit drinks, protein powder for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-15-1993 | Registration Date | 05-20-1996 | |||||
| Next Renewal | 12-15-2023 | |||||||
170/745
| 3/4/2014 | Portfolio Report |
| Trademark Czech Republic | TM1006CZ00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 68944 | Registration No. | 179634 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 39 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 39 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 06-01-1992 | Registration Date | 09-15-1994 | |||||
| Next Renewal | 06-01-2022 | |||||||
| Trademark Czech Republic | TM1006CZ01 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 85189 | Registration No. | 190328 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 32 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements consisting of vitamins, minerals and herbs, all in tablet form. | |||||||
| 32 | Fruit juice and fruit drinks, powdered protein, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-15-1993 | Registration Date | 05-20-1996 | |||||
| Next Renewal | 12-15-2023 | |||||||
| Trademark Czech Republic | TM1164CZ00 | |||||||
|
HERBALIFE RADIANT C |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 189611 | Registration No. | 260353 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Products for skin care for face and body, including creams, lotions, cleansers, peeling products, moisturizers and fresheners, shampoos, conditioners and products for the treatment and styling agents. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-13-2003 | Registration Date | 01-26-2004 | |||||
| Next Renewal | 03-13-2023 | |||||||
171/745
| 3/4/2014 | Portfolio Report |
| Trademark Czech Republic | TM1016CZ00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 139100 | Registration No. | 224038 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietetic supplements composed of vitamins, minerals and herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-14-1999 | Registration Date | 04-19-2000 | |||||
| Next Renewal | 01-14-2019 | |||||||
| Trademark Czech Republic | TM1064CZ00 | |||||||
|
KINDERMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 129427 | Registration No. | 216598 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 01-22-1998 | Registration Date | 03-29-1999 | |||||
| Next Renewal | 01-22-2018 | |||||||
| Trademark Czech Republic | TM1062CZ00 | |||||||
|
NATURES MIRROR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 104886 | Registration No. | 199712 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-16-1995 | Registration Date | 04-29-1997 | |||||
| Next Renewal | 10-16-2015 | |||||||
| Trademark Czech Republic | TM1042CZ00 | |||||||
|
THERMO COMPLETE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 193186 | Registration No. | 263735 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29, 30 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 06-26-2003 | Registration Date | 05-26-2004 | |||||
| Next Renewal | 06-26-2023 | |||||||
172/745
| 3/4/2014 | Portfolio Report |
173/745
| 3/4/2014 | Portfolio Report |
174/745
| 3/4/2014 | Portfolio Report |
175/745
| 3/4/2014 | Portfolio Report |
176/745
| 3/4/2014 | Portfolio Report |
| Trademark Dominican Republic | TM1034DO00 | |||||||
|
CELL ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2007-39653 | Registration No. | 164802 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Supplementary nutritional foods in tablets, capsules or powder. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-24-2007 | Registration Date | 12-31-2007 | |||||
| Next Renewal | 12-31-2017 | |||||||
| Trademark Dominican Republic | TM1031DO00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Pending | |||||||
| Application No. | 2007-39654 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-24-2007 | |||||||
| Trademark Dominican Republic | TM1068DO00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 74414 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 10-15-1994 | Next Renewal | 10-15-2014 | |||||
| Trademark Dominican Republic | TM1001DO01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006-104374 | Registration No. | 159118 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30, 32, 42, 44 | |||||||
| List of Goods | ||||||||
| 05 | Dietary supplements for non-medical use consisting of herbal compounds, vitamins, minerals, marine lipids or ingredients of marine plants. | |||||||
| 29 | Snack foods made primarily of protein; mix for soups, food protein powder. | |||||||
| 30 | Herbal tea and preparations for making herbal tea. | |||||||
| 32 | Non-alcoholic beverages and preparations for making non-alcoholic beverages. | |||||||
| 42 | Information services on human nutrition and weight management, information service on the operation of small business. | |||||||
| 44 | Information services on human nutrition and weight management, information service on the operation of small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-09-2006 | Registration Date | 03-01-2007 | |||||
| Next Renewal | 03-01-2017 | |||||||
177/745
| 3/4/2014 | Portfolio Report |
178/745
| 3/4/2014 | Portfolio Report |
| Trademark Dominican Republic | TM1092DO00 | |||||||
|
HERBALIFE CELLULAR NUTRITION & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 71739 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-15-1994 | Next Renewal | 07-15-2014 | |||||
| Trademark Dominican Republic | TM1092DO01 | |||||||
|
HERBALIFE CELLULAR NUTRITION & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 73115 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-15-1994 | Next Renewal | 07-15-2014 | |||||
| Trademark Dominican Republic | TM1195DO00 | |||||||
|
HERBALIFE COMPLEJO MULTIVITAMINICO - FORMULA 2 |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2009-7125 | Registration No. | 174407 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-01-2009 | Registration Date | 06-01-2009 | |||||
| Next Renewal | 06-01-2019 | |||||||
179/745
| 3/4/2014 | Portfolio Report |
180/745
| 3/4/2014 | Portfolio Report |
181/745
| 3/4/2014 | Portfolio Report |
182/745
| 3/4/2014 | Portfolio Report |
183/745
| 3/4/2014 | Portfolio Report |
184/745
| 3/4/2014 | Portfolio Report |
185/745
| 3/4/2014 | Portfolio Report |
| Trademark Dominican Republic | TM1064DO00 | |||||||
|
KINDERMINS |
||||||||
| Status: | Pending | |||||||
| Application No. | ||||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements for children consisting mainly of vitamins and minerals. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-2010 | |||||||
| Trademark Dominican Republic | TM1049DO00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 168548 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-30-2008 | Next Renewal | 07-30-2018 | |||||
| Trademark Dominican Republic | TM1521DO00 | |||||||
|
Niteworks |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2011-28330 | Registration No. | 193230 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-24-2011 | Registration Date | 02-15-2012 | |||||
| Next Renewal | 02-15-2022 | |||||||
| Trademark Dominican Republic | TM1021DO00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 164979 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | . | |||||||
| Diary Dates: | ||||||||
|
Registration Date |
12-31-2007 | Next Renewal | 12-31-2017 | |||||
186/745
| 3/4/2014 | Portfolio Report |
187/745
| 3/4/2014 | Portfolio Report |
188/745
| 3/4/2014 | Portfolio Report |
189/745
| 3/4/2014 | Portfolio Report |
| Trademark Ecuador | TM1034EC05 | |||||||
|
CELL ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application Type: | Without Priority | Registration No. | 4751-12 | |||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements in tablet or capsule form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 06-27-2012 | Next Renewal | 10-28-2020 | |||||
| Trademark Ecuador | TM1031EC05 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 4030-08 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-06-2008 | Next Renewal | 05-06-2018 | |||||
| Trademark Ecuador | TM1030EC05 | |||||||
|
DINOMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 5936-00 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
|
Registration Date |
08-30-2000 | Next Renewal | 08-30-2020 | |||||
190/745
| 3/4/2014 | Portfolio Report |
| Trademark Ecuador | TM1001EC03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 3556 (formerly 384-96) | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-18-1996 | Next Renewal | 07-18-2016 | |||||
| Trademark Ecuador | TM1001EC29 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 3554 (formerly 383-96) | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-17-1996 | Next Renewal | 07-17-2016 | |||||
| Trademark Ecuador | TM1001EC05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 3559 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-18-1996 | Next Renewal | 07-18-2016 | |||||
| Trademark Ecuador | TM1001EC32 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 3557 (formerly 388-96) | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-17-1996 | Next Renewal | 07-17-2016 | |||||
191/745
| 3/4/2014 | Portfolio Report |
| Trademark Ecuador | TM1006EC3201 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 41029 | Registration No. | 386-96 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Fruit juices and fruit drinks, powdered protein, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-18-1993 | Registration Date | 07-18-1996 | |||||
| Next Renewal | 07-18-2016 | |||||||
| Trademark Ecuador | TM1006EC0501 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 34829 | Registration No. | 962-96 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All products included in International Class 5, especially: pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-16-1992 | Registration Date | 10-02-1996 | |||||
| Next Renewal | 10-02-2016 | |||||||
| Trademark Ecuador | TM1006EC03 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 41023 | Registration No. | 723-96 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, hair rinses and conditioners, skin cleansers and moisturizers, facial creams, body creams, shaving creams, suntan oils and lotions. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-18-1993 | Registration Date | 09-26-1996 | |||||
| Next Renewal | 09-26-2016 | |||||||
| Trademark Ecuador | TM1006EC05 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 41022 | Registration No. | 382-96 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements and dietary foods, all consisting of vitamins, minerals, herbs, fiber and protein, all in the form of tablets, powders or liquids. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-18-1993 | Registration Date | 07-17-1996 | |||||
| Next Renewal | 07-17-2016 | |||||||
192/745
| 3/4/2014 | Portfolio Report |
| Trademark Ecuador | TM1006EC2901 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 34830 | Registration No. | Dec 99 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | All products in International Class 29, especially: meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; salad dressings; canned food. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-16-1992 | Registration Date | 03-02-1999 | |||||
| Next Renewal | 03-02-2019 | |||||||
| Trademark Ecuador | TM1006EC30 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 34831 | Registration No. | 3993-98 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | All products in International Class 30, especially: coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (except salad dressings); spices. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-16-1992 | Registration Date | 08-04-1998 | |||||
| Next Renewal | 08-04-2018 | |||||||
| Trademark Ecuador | TM1006EC31 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 34832 | Registration No. | 3994-98 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 31 | |||||||
| List of Goods | ||||||||
| 31 | All products in International Class 31, especially: agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-16-1992 | Registration Date | 08-04-1998 | |||||
| Next Renewal | 08-04-2018 | |||||||
193/745
| 3/4/2014 | Portfolio Report |
| Trademark Ecuador | TM1006EC32 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 34833 | Registration No. | 3995-98 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | All products in International Class 32, especially: beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-16-1992 | Registration Date | 08-04-1998 | |||||
| Next Renewal | 08-04-2018 | |||||||
| Trademark Ecuador | TM1016EC05 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1690-08 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 02-19-2008 | Next Renewal | 02-19-2018 | |||||
| Trademark Ecuador | TM1049EC32 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 4039-08 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 02-21-2008 | Next Renewal | 02-21-2018 | |||||
| Trademark Ecuador | TM1674EC05 | |||||||
|
NITEWORKS |
||||||||
| Status: | Pending | |||||||
|
Application No. |
2014056572 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Over-the-counter products composed of amino acids and vitamins. | |||||||
194/745
| 3/4/2014 | Portfolio Report |
| Trademark Ecuador | TM1021EC03 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 4038-08 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 02-21-2008 | Next Renewal | 02-21-2018 | |||||
| Trademark Ecuador | TM1007EC03 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 4037-08 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 02-21-2008 | Next Renewal | 02-21-2018 | |||||
| Trademark Ecuador | TM1089EC03 | |||||||
|
SOFT GREEN |
||||||||
| Status: | Registered | |||||||
| Application No. | 213522-09 | Registration No. | 3559 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 04-29-2009 | |||||||
| Trademark Ecuador | TM1024EC05 | |||||||
|
THERMO-BOND |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 4026-08 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-06-2008 | Next Renewal | 05-06-2018 | |||||
195/745
| 3/4/2014 | Portfolio Report |
| Trademark Ecuador | TM1025EC05 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 3038-94 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 09-02-1994 | Next Renewal | 09-02-2014 | |||||
| Trademark Ecuador | TM1026EC05 | |||||||
|
TOTAL CONTROL |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 190611-2007 | Registration No. | 4739-12 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements in tablet or capsule form for non-medicinal purposes. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 06-27-2012 | Next Renewal | 10-21-2020 | |||||
| Trademark Ecuador | TM1027EC05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 4017-08 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietetic supplements in the form of tablets or capsules. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 05-06-2008 | Next Renewal | 05-06-2018 | |||||
| Trademark Ecuador | TM1027EC32 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 4042-08 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic beverages; food drink powder made primarily of protein. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-21-2008 | Next Renewal | 02-21-2018 | |||||
196/745
| 3/4/2014 | Portfolio Report |
| Trademark Ecuador | TM1027EC41 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1671-08 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Services to provide information about human health and nutrition, and on the operation of small businesses (all for educational purposes aimed at the training of others). | |||||||
| Diary Dates: | ||||||||
| Registration Date | 05-06-2008 | Next Renewal | 05-06-2018 | |||||
| Trademark Ecuador | TM1027EC29 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 4040-08 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Snacks made primarily of protein, powder for making soup. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-21-2008 | Next Renewal | 02-21-2018 | |||||
| Trademark Ecuador | TM1027EC30 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 4041-08 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Preparations for making herbal teas. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-21-2008 | Next Renewal | 02-21-2018 | |||||
| Trademark Ecuador | TM1027EC03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 190620/2007 | Registration No. | 5261-11 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, gels, lotions, masks, milks, washes, and sprays for the face and body. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-19-2011 | Next Renewal | 07-22-2020 | |||||
197/745
| 3/4/2014 | Portfolio Report |
| Trademark Ecuador | TM1141EC03 | |||||||
|
VIDA & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 7028-00 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 10-17-2000 | Next Renewal | 10-17-2020 | |||||
| Trademark Egypt | TM1001EG01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 96762 | Registration No. | 96762 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparation used for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-30-1995 | Registration Date | 09-18-2001 | |||||
| Next Renewal | 07-29-2015 | |||||||
| Trademark Egypt | TM1001EG00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 96761 | Registration No. | 96761 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Tea. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-30-1995 | Registration Date | 04-23-2000 | |||||
| Next Renewal | 07-29-2015 | |||||||
198/745
| 3/4/2014 | Portfolio Report |
199/745
| 3/4/2014 | Portfolio Report |
| Trademark El Salvador | TM1001SV05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1999005065 | Registration No. | 23 Book 157 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-26-2002 | Next Renewal | 07-26-2012 | |||||
| Trademark El Salvador | TM1001SV25 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055337 | Registration No. | 219 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 25 | |||||||
| List of Goods | ||||||||
| 25 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | Next Renewal | 05-30-2016 | |||||
| Trademark El Salvador | TM1001SV28 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055339 | Registration No. | 30 Book 64 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 28 | |||||||
| List of Goods | ||||||||
| 28 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 06-01-2006 | Next Renewal | 06-01-2016 | |||||
200/745
| 3/4/2014 | Portfolio Report |
| Trademark El Salvador | TM1001SV29 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006056639 | Registration No. | 146 Book 68 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-25-2006 | Next Renewal | 08-25-2016 | |||||
| Trademark El Salvador | TM1001SV30 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055334 | Registration No. | 190 Book 67 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-11-2006 | Next Renewal | 08-11-2016 | |||||
| Trademark El Salvador | TM1001SV32 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055335 | Registration No. | 69 Book 66 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-11-2006 | Next Renewal | 07-11-2016 | |||||
| Trademark El Salvador | TM1001SV35 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055341 | Registration No. | 217 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | Next Renewal | 05-30-2016 | |||||
201/745
| 3/4/2014 | Portfolio Report |
| Trademark El Salvador | TM1001SV38 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055343 | Registration No. | 215 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 38 | |||||||
| List of Goods | ||||||||
| 38 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | Next Renewal | 05-30-2016 | |||||
| Trademark El Salvador | TM1001SV44 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055342 | Registration No. | 244 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-31-2006 | Next Renewal | 05-31-2016 | |||||
| Trademark El Salvador | TM1029SV35 | |||||||
|
HERBALIFE DISTRIBUTOR NUTRITION CLUB |
||||||||
| Status: | Closed | |||||||
| Application No. | 2006055368 | Registration No. | 211 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | |||||||
| Trademark El Salvador | TM1029SV44 | |||||||
|
HERBALIFE DISTRIBUTOR NUTRITION CLUB |
||||||||
| Status: | Closed | |||||||
| Application No. | 2006055367 | Registration No. | 6 Book 64 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-31-2006 | |||||||
202/745
| 3/4/2014 | Portfolio Report |
| Trademark El Salvador | TM1020SV35 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Closed | |||||||
| Application No. | 2006055370 | Registration No. | 207 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | Next Renewal | 05-30-2016 | |||||
| Trademark El Salvador | TM1020SV44 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Closed | |||||||
| Application No. | 2006055369 | Registration No. | 241 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-31-2006 | |||||||
| Trademark El Salvador | TM1016SV05 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055375 | Registration No. | 193 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | Next Renewal | 05-30-2016 | |||||
| Trademark El Salvador | TM1064SV05 | |||||||
|
KINDERMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2010102499 | Registration No. | 53 Libro 187 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements for children consisting mainly of vitamins and minerals. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 05-12-2012 | Next Renewal | 05-12-2022 | |||||
203/745
| 3/4/2014 | Portfolio Report |
| Trademark El Salvador | TM1049SV32 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055371 | Registration No. | 233 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-31-2006 | Next Renewal | 05-31-2016 | |||||
| Trademark El Salvador | TM1010SV32 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055373 | Registration No. | 5 Book 64 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-31-2006 | Next Renewal | 05-31-2016 | |||||
| Trademark El Salvador | TM1021SV03 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055361 | Registration No. | 186 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | Next Renewal | 05-30-2016 | |||||
| Trademark El Salvador | TM1021SV05 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055360 | Registration No. | 203 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | Next Renewal | 05-30-2016 | |||||
204/745
| 3/4/2014 | Portfolio Report |
| Trademark El Salvador | TM1653SV05 | |||||||
|
PROLESSA |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 20130181996 | Registration No. | 181 Book 218 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 5 | Food supplements in powder form composed mainly of fatty acids and oils, none of which relate to bone, bone diseases or disorders, the prevention and treatment of bone diseases or disorders, or related conditions/diseases. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-19-2013 | Registration Date | 10-21-2013 | |||||
| Next Renewal | 10-21-2023 | |||||||
| Trademark El Salvador | TM1038SV44 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
| Application No. | Registration No. | 64 Book 75 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 11-30-2006 | Next Renewal | 11-30-2016 | |||||
| Trademark El Salvador | TM1038SV29 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
| Application No. | Registration No. | 124 Book 73 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 11-09-2006 | |||||||
| Trademark El Salvador | TM1038SV30 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
| Application No. | Registration No. | 109 Book 68 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-24-2006 | |||||||
205/745
| 3/4/2014 | Portfolio Report |
| Trademark El Salvador | TM1038SV32 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
| Application No. | Registration No. | 218 Book 63 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | |||||||
| Trademark El Salvador | TM1038SV35 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
| Application No. | Registration No. | 65 Book 75 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 11-30-2006 | Next Renewal | 11-30-2016 | |||||
| Trademark El Salvador | TM1038SV05 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
| Application No. | Registration No. | 188 Book 63 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | |||||||
| Trademark El Salvador | TM1040SV05 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055353 | Registration No. | 210 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | Next Renewal | 05-30-2016 | |||||
206/745
| 3/4/2014 | Portfolio Report |
| Trademark El Salvador | TM1040SV44 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055356 | Registration No. | 196 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | Next Renewal | 05-30-2016 | |||||
| Trademark El Salvador | TM1040SV29 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006056641 | Registration No. | 116 Book 75 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 12-06-2006 | Next Renewal | 12-06-2016 | |||||
| Trademark El Salvador | TM1040SV30 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055329 | Registration No. | 179 Book 68 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-25-2006 | Next Renewal | 08-25-2016 | |||||
207/745
| 3/4/2014 | Portfolio Report |
| Trademark El Salvador | TM1040SV35 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055331 | Registration No. | 198 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | Next Renewal | 05-30-2016 | |||||
| Trademark El Salvador | TM1040SV32 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055330 | Registration No. | 184 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | Next Renewal | 05-30-2016 | |||||
| Trademark El Salvador | TM1089SV03 | |||||||
|
SOFT GREEN |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 20090122427 | Registration No. | 52/141 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Soaps, body and face lotions, body and face gels, bath and shower oils, deodorants, antiseptic gels. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-30-2009 | Registration Date | 11-09-2009 | |||||
| Next Renewal | 11-09-2019 | |||||||
| Trademark El Salvador | TM1057SV05 | |||||||
|
SPORTWORKS |
||||||||
| Status: | Closed | |||||||
| Application No. | 2006055366 | Registration No. | 3 Book 64 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-31-2006 | Next Renewal | 05-31-2016 | |||||
208/745
| 3/4/2014 | Portfolio Report |
| Trademark El Salvador | TM1057SV29 | |||||||
|
SPORTWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006056640 | Registration No. | 163 Book 68 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-25-2006 | Next Renewal | 08-25-2016 | |||||
| Trademark El Salvador | TM1057SV30 | |||||||
|
SPORTWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055365 | Registration No. | 172 Book 68 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-25-2006 | Next Renewal | 08-25-2016 | |||||
| Trademark El Salvador | TM1057SV32 | |||||||
|
SPORTWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055364 | Registration No. | 183 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | Next Renewal | 05-30-2016 | |||||
| Trademark El Salvador | TM1025SV05 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1999005066 | Registration No. | 209 Book 127 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements, consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, liquid, capsule or powder form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 03-30-2001 | Next Renewal | 03-30-2021 | |||||
209/745
| 3/4/2014 | Portfolio Report |
| Trademark El Salvador | TM1027SV05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 225 Book 63 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-31-2006 | Next Renewal | 05-31-2016 | |||||
| Trademark El Salvador | TM1027SV20 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 245 Book 65 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 20 | |||||||
| List of Goods | ||||||||
| 20 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-06-2006 | Next Renewal | 07-06-2016 | |||||
| Trademark El Salvador | TM1027SV29 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 160 Book 68 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-25-2006 | Next Renewal | 08-25-2016 | |||||
| Trademark El Salvador | TM1027SV32 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 227 Book 63 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-31-2006 | Next Renewal | 05-31-2016 | |||||
210/745
| 3/4/2014 | Portfolio Report |
| Trademark El Salvador | TM1027SV35 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 190 Book 65 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 06-28-2006 | Next Renewal | 06-28-2016 | |||||
| Trademark El Salvador | TM1027SV38 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 26 Book 68 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 38 | |||||||
| List of Goods | ||||||||
| 38 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-16-2006 | Next Renewal | 08-16-2016 | |||||
| Trademark El Salvador | TM1027SV44 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 229 Book 63 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-31-2006 | Next Renewal | 05-31-2016 | |||||
| Trademark El Salvador | TM1027SV30 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 106 Book 68 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-24-2006 | Next Renewal | 08-24-2016 | |||||
211/745
| 3/4/2014 | Portfolio Report |
| Trademark El Salvador | TM1033SV05 | |||||||
|
TRI-SHIELD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055374 | Registration No. | 191 Book 63 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-30-2006 | Next Renewal | 05-30-2016 | |||||
| Trademark El Salvador | TM1032SV05 | |||||||
|
XTRA-CAL |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006055328 | Registration No. | 17 Book 116 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 10-28-2008 | Next Renewal | 10-28-2018 | |||||
| Trademark Estonia | TM1068EE00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 9401829 | Registration No. | 20968 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-05-1994 | Registration Date | 09-30-1996 | |||||
| Next Renewal | 09-30-2016 | |||||||
212/745
| 3/4/2014 | Portfolio Report |
| Trademark Estonia | TM1080EE00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 9401831 | Registration No. | 21647 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | Tea. | |||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-05-1994 | Registration Date | 12-02-1996 | |||||
| Next Renewal | 12-02-2016 | |||||||
| Trademark Estonia | TM1001EE00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 9401291 | Registration No. | 20511 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 06-21-1994 | Registration Date | 08-20-1996 | |||||
| Next Renewal | 08-20-2016 | |||||||
| Trademark Estonia | TM1006EE00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 9401292 | Registration No. | 20512 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 06-21-1994 | Registration Date | 08-20-1996 | |||||
| Next Renewal | 08-20-2016 | |||||||
| Trademark Estonia | TM1025EE00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 9401830 | Registration No. | 21646 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | Tea. | |||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-05-1994 | Registration Date | 12-02-1996 | |||||
| Next Renewal | 12-02-2016 | |||||||
213/745
| 3/4/2014 | Portfolio Report |
214/745
| 3/4/2014 | Portfolio Report |
215/745
| 3/4/2014 | Portfolio Report |
216/745
| 3/4/2014 | Portfolio Report |
217/745
| 3/4/2014 | Portfolio Report |
218/745
| 3/4/2014 | Portfolio Report |
219/745
| 3/4/2014 | Portfolio Report |
220/745
| 3/4/2014 | Portfolio Report |
221/745
| 3/4/2014 | Portfolio Report |
222/745
| 3/4/2014 | Portfolio Report |
223/745
| 3/4/2014 | Portfolio Report |
224/745
| 3/4/2014 | Portfolio Report |
225/745
| 3/4/2014 | Portfolio Report |
226/745
| 3/4/2014 | Portfolio Report |
227/745
| 3/4/2014 | Portfolio Report |
228/745
| 3/4/2014 | Portfolio Report |
229/745
| 3/4/2014 | Portfolio Report |
| Trademark Finland | TM1001FI01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
230/745
| 3/4/2014 | Portfolio Report |
| Trademark Finland | TM1027FI00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | T199404184 | Registration No. | 142016 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-22-1994 | Registration Date | 01-05-1996 | |||||
| Next Renewal | 01-05-2016 | |||||||
| Trademark France | TM1031FR00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1247190 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, medicinal herbs, flaxseed medicinal preparations and analgesics. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-06-1983 | Registration Date | 10-06-1983 | |||||
| Next Renewal | 10-31-2023 | |||||||
| Trademark France | TM1001FR00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1228337 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | Vitamin preparations, mineral preparations, medicinal herbs, flaxseed medicinal preparations and analgesics. | |||||||
| 29 | Protein preparations, herbal preparations, such as food supplements, soups. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-23-1983 | Registration Date | 02-23-1983 | |||||
| Next Renewal | 01-27-2023 | |||||||
| Trademark France | TM1006FR00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 92441496 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
|
32 |
||||||||
| Diary Dates: | ||||||||
| Application Date | 11-09-1992 | Registration Date | 11-09-1992 | |||||
| Next Renewal | 11-30-2022 | |||||||
231/745
| 3/4/2014 | Portfolio Report |
232/745
| 3/4/2014 | Portfolio Report |
| Trademark France | TM1025FR01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Closed | |||||||
| Application No. | Registration No. | 94512024 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-17-1994 | Registration Date | 03-17-1994 | |||||
| Next Renewal | 03-31-2014 | |||||||
| Trademark France | TM1027FR00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98766555 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-23-1998 | Registration Date | 12-23-1998 | |||||
| Next Renewal | 12-31-2018 | |||||||
| Trademark Georgia | TM1244GE00 | |||||||
| NITEWORKS | Registration No. | M21124 | ||||||
| Status: | Registered/Granted | |||||||
| Application No. | 61110/03 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International of America, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | 32: preparations for non alcoholic beverages | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2011 | Registration Date | 02-10-2011 | |||||
| Next Renewal | 02-10-2021 | |||||||
| Trademark Georgia | TM1241GE00 | |||||||
|
Herbalife |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 61107/03 | Registration No. | M 21121 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International of America, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Creams, lotions, gels, washes, sprays, milks, and masks for the face and body; soaps; fragrances. | |||||||
| 05 | Food supplements and dietetic substances composed of herbs, minerals, and vitamins. | |||||||
| 29 | Snack foods made primarily of protein; soup mixes; powdered meal replacement foods composed of protein, vitamins, and minerals. | |||||||
| 30 | Preparations for making herbal teas. | |||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| 35 | Retail services, namely selling and marketing of products through direct or network sales. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-2011 | Registration Date | 02-10-2011 | |||||
| Next Renewal | 02-10-2021 | |||||||
233/745
| 3/4/2014 | Portfolio Report |
| Trademark Georgia | TM1660GE00 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 308868 | Registration No. | 24445 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Creams, lotions, gels, washes, sprays, milks, and masks for the face and body; soaps; fragrances. | |||||||
| 29 | Snack foods made primarily of protein; soup mixes; powdered meal replacement foods composed of protein, vitamins, and minerals. | |||||||
| 30 | Preparations for making herbal teas. | |||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| 35 | Retail services, namely selling and marketing of products through direct or network sales. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-14-2014 | Registration Date | 01-14-2014 | |||||
| Next Renewal | 01-14-2024 | |||||||
| Trademark Georgia | TM1242GE00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 61108/03 | Registration No. | M21122 | |||||
| Application Type: | Without Priority | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2011 | Registration Date | 02-10-2011 | |||||
| Next Renewal | 02-10-2021 | |||||||
| Trademark Georgia | TM1243GE00 | |||||||
|
Liftoff |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 61109/03 | Registration No. | M 21123 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | 32: preparations for making non alcoholic beverages | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2011 | Registration Date | 02-10-2011 | |||||
| Next Renewal | 08-10-2021 | |||||||
234/745
| 3/4/2014 | Portfolio Report |
| Trademark Georgia | TM1245GE00 | |||||||
|
Nourifusion |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 61111/03 | Registration No. | M21125 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | 03: creams, lotions, gels, washes, sprays, milks, and masks for the face and body; soape; fragrances. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2011 | Registration Date | 02-10-2011 | |||||
| Next Renewal | 08-10-2020 | |||||||
| Trademark Georgia | TM1661GE05 | |||||||
|
THERMO COMPLETE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 308869 | Registration No. | M24448 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements and dietetic substances composed of herbs, minerals, and vitamins. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-14-2014 | Registration Date | 01-14-2014 | |||||
| Next Renewal | 01-14-2024 | |||||||
| Trademark Georgia | TM1246GE00 | |||||||
|
Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 61113/03 | Registration No. | M21127 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. | |||||||
| 05 | Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. | |||||||
| 29 | Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. | |||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. | |||||||
| 32 | Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| 35 | Advertising; business management; business administration; office functions. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-10-2011 | Registration Date | 02-10-2011 | |||||
| Next Renewal | 02-10-2021 | |||||||
| Trademark Georgia | TM1247GE00 | |||||||
|
XTRA-CAL |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 61112/03 | Registration No. | M21126 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-10-2011 | Registration Date | 02-10-2011 | |||||
| Next Renewal | 02-10-2021 | |||||||
235/745
| 3/4/2014 | Portfolio Report |
236/745
| 3/4/2014 | Portfolio Report |
237/745
| 3/4/2014 | Portfolio Report |
238/745
| 3/4/2014 | Portfolio Report |
239/745
| 3/4/2014 | Portfolio Report |
240/745
| 3/4/2014 | Portfolio Report |
241/745
| 3/4/2014 | Portfolio Report |
242/745
| 3/4/2014 | Portfolio Report |
243/745
| 3/4/2014 | Portfolio Report |
244/745
| 3/4/2014 | Portfolio Report |
245/745
| 3/4/2014 | Portfolio Report |
| Trademark Greece | TM1080GR00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 123837 | Registration No. | 123837 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 04-07-1995 | Registration Date | 12-17-1997 | |||||
| Next Renewal | 04-07-2015 | |||||||
| Trademark Greece | TM1001GR00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 116485 | Registration No. | 116485 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 29, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 29 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-29-1993 | Registration Date | 10-29-1993 | |||||
| Next Renewal | 10-29-2013 | |||||||
| Trademark Greece | TM1006GR00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 112484 | Registration No. | 112484 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 01-27-1993 | Registration Date | 04-18-2000 | |||||
| Next Renewal | 01-27-2013 | |||||||
246/745
| 3/4/2014 | Portfolio Report |
| Trademark Greece | TM1006GR01 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 116484 | Registration No. | 116484 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 29, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 29 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-29-1993 | Registration Date | 05-17-1996 | |||||
| Next Renewal | 10-29-2013 | |||||||
| Trademark Greece | TM1016GR00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 146382 | Registration No. | 146382 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 04-27-2001 | Registration Date | 04-27-2001 | |||||
| Next Renewal | 04-27-2021 | |||||||
| Trademark Greece | TM1025GR01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Closed/Pending | |||||||
| Application No. | 119169 | Registration No. | 119169 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30, 32 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 05-16-1994 | Registration Date | 09-17-1996 | |||||
| Next Renewal | 05-16-2014 | |||||||
| Trademark Greece | TM1027GR00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 133424 | Registration No. | 133424 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 06-04-1997 | Registration Date | 06-04-1997 | |||||
| Next Renewal | 06-04-2017 | |||||||
247/745
| 3/4/2014 | Portfolio Report |
248/745
| 3/4/2014 | Portfolio Report |
| Trademark Guatemala | TM1001GT44 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered | Registration No. | 168831 | |||||
| Application No. | 2007-008944 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-18-2007 | |||||||
| Trademark Guatemala | TM1001GT29 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 115333 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed foods made with vitamins, minerals and herbs. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-11-2002 | Next Renewal | 02-11-2012 | |||||
| Trademark Guatemala | TM1001GT30 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 56409 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 10-17-1998 | Next Renewal | 10-16-2018 | |||||
| Trademark Guatemala | TM1016GT05 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered | |||||||
| Application No. | 2007-008945 | Registration No. | 170370 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-18-2007 | |||||||
249/745
| 3/4/2014 | Portfolio Report |
250/745
| 3/4/2014 | Portfolio Report |
| Trademark Guatemala | TM1007GT03 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Pending | |||||||
| Application No. | 2007-008941 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-18-2007 | |||||||
| Trademark Guatemala | TM1024GT05 | |||||||
|
THERMO-BOND |
||||||||
| Status: | Pending | |||||||
| Application No. | 2007-008939 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-18-2007 | |||||||
| Trademark Guatemala | TM1025GT30 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered | |||||||
| Application No. | 2007-008935 | Registration No. | 168698 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-18-2007 | |||||||
| Trademark Guatemala | TM1025GT05 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered | |||||||
| Application No. | 2007-008934 | Registration No. | 170515 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-18-2007 | |||||||
251/745
| 3/4/2014 | Portfolio Report |
252/745
| 3/4/2014 | Portfolio Report |
253/745
| 3/4/2014 | Portfolio Report |
| Trademark Haiti | TM1006HT03 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 199-P | Registration No. | 103/151 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-18-1996 | Registration Date | 09-20-1996 | |||||
| Next Renewal | 09-20-2016 | |||||||
| Trademark Haiti | TM1006HT05 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200-P | Registration No. | 104/151 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-18-1996 | Registration Date | 09-20-1996 | |||||
| Next Renewal | 09-20-2016 | |||||||
| Trademark Haiti | TM1006HT32 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 201-P | Registration No. | 105/151 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-18-1996 | Registration Date | 09-20-1996 | |||||
| Next Renewal | 09-20-2016 | |||||||
254/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1031HN05 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 99492 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements in capsule form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-18-2007 | Next Renewal | 01-17-2017 | |||||
| Trademark Honduras | TM1001HN3201 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98219 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages and preparations to make non-alcoholic beverages, powdered protein drink mixes. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-06-2006 | Next Renewal | 09-05-2016 | |||||
| Trademark Honduras | TM1001HN35 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 11692 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Information services about the operation of small businesses and multi-level marketing. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-04-2006 | Next Renewal | 09-03-2016 | |||||
| Trademark Honduras | TM1001HN29 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98218 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Sandwiches, including bars, roasted soy products, dried fruit mixes, cereals and nuts (trail mixes). | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-06-2006 | Next Renewal | 09-05-2016 | |||||
255/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1001HN30 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98178 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal tea, sandwiches, including bars, mixed fruit (trail mixes), cereal and nuts. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-04-2006 | Next Renewal | 09-03-2016 | |||||
| Trademark Honduras | TM1001HN38 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 11702 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 38 | |||||||
| List of Goods | ||||||||
| 38 | Websites for consumer use. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-06-2006 | Next Renewal | 09-06-2016 | |||||
| Trademark Honduras | TM1001HN44 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 11738 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Information services about human nutrition and weight management. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-18-2006 | Next Renewal | 09-17-2016 | |||||
| Trademark Honduras | TM1001HN03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 57309 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoo, hair rinse, hair conditioners, skin cleansers, moisturizers, skin creams, facial creams and shaving cream. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 04-11-2013 | Next Renewal | 04-10-2023 | |||||
256/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1001HN05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 57307 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements of vitamins, minerals and proteins, all tablets, powders or liquids. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 03-16-2013 | Next Renewal | 03-16-2023 | |||||
| Trademark Honduras | TM1001HN0301 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 97905 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, lotions, milks, face masks and gels for face and body, hair sprays, shampoos, conditioners and hair styling products. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-04-2006 | Next Renewal | 08-03-2016 | |||||
| Trademark Honduras | TM1001HN0501 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 97874 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements in the form of tablets, capsules or powder, vitamins. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-04-2006 | Next Renewal | 08-03-2016 | |||||
| Trademark Honduras | TM1001HN16 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 97927 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | Plastic containers for tablets, powders and capsules. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-04-2006 | Next Renewal | 08-03-2016 | |||||
257/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1001HN21 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 97873 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 21 | |||||||
| List of Goods | ||||||||
| 21 | The vessels in which to put drink mixes. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-04-2006 | Next Renewal | 08-03-2016 | |||||
| Trademark Honduras | TM1001HN25 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98217 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 25 | |||||||
| List of Goods | ||||||||
| 25 | Shirts, hats, cycling pants, golf shirts. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-06-2006 | Next Renewal | 09-05-2016 | |||||
| Trademark Honduras | TM1001HN28 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98179 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 28 | |||||||
| List of Goods | ||||||||
| 28 | Stuffed bear toys. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-04-2006 | Next Renewal | 09-03-2016 | |||||
| Trademark Honduras | TM1006HN05 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 57121 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 03-03-2013 | Next Renewal | 03-02-2023 | |||||
258/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1006HN03 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 57308 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoo, hair rinse, hair conditioners, skin cleansers, moisturizers, skin creams, facial creams and shaving cream. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 03-16-2013 | Next Renewal | 03-15-2023 | |||||
| Trademark Honduras | TM1029HN44 | |||||||
|
HERBALIFE DISTRIBUTOR NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 3506/2006 | Registration No. | 11561 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-13-2006 | Registration Date | 08-04-2006 | |||||
| Next Renewal | 08-03-2016 | |||||||
| Trademark Honduras | TM1020HN35 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 11614 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-17-2006 | Next Renewal | 08-16-2016 | |||||
| Trademark Honduras | TM1020HN44 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 11691 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 09-04-2006 | Next Renewal | 09-03-2016 | |||||
259/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1016HN05 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98000 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-18-2006 | Next Renewal | 08-17-2016 | |||||
| Trademark Honduras | TM1049HN32 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 6402/2007 | Registration No. | 107566 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Effervescent tablets and powders for making beverages, with the exclusion of any type of prepared drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-21-2007 | Registration Date | 12-16-2008 | |||||
| Next Renewal | 12-15-2018 | |||||||
| Trademark Honduras | TM1010HN32 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98005 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powders for the preparation of non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-18-2006 | Next Renewal | 08-18-2016 | |||||
260/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1021HN03 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98006 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, lotions, milks, face masks and gels for face and body. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-18-2006 | Next Renewal | 08-18-2016 | |||||
| Trademark Honduras | TM1021HN05 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 97992 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements in tablet or capsule form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-18-2006 | Next Renewal | 08-18-2016 | |||||
| Trademark Honduras | TM1666HN05 | |||||||
|
PROLESSA |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 126338 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements in powder form composed mainly of fatty acids and oils, none of which relate to bone, bone diseases or disorders, the prevention and treatment of bone diseases or disorders, or related conditions/diseases. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 10-31-2013 | Next Renewal | 10-30-2023 | |||||
| Trademark Honduras | TM1040HN05 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Closed | |||||||
| Application No. | 3497-2006 | Registration No. | 103666 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 01-30-2006 | Registration Date | 02-05-2008 | |||||
| Next Renewal | 02-04-2018 | |||||||
261/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1040HN29 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98106 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Sandwiches, including bars, roasted soy products, dried fruit mixes, cereals and nuts (trail mixes). | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-28-2006 | Next Renewal | 08-27-2016 | |||||
| Trademark Honduras | TM1040HN30 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 99343 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 12-28-2006 | Next Renewal | 12-27-2016 | |||||
| Trademark Honduras | TM1040HN32 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 108410 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 03-02-2009 | Next Renewal | 03-01-2019 | |||||
| Trademark Honduras | TM1040HN44 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 11683 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Information services about human nutrition and weight management. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-28-2006 | Next Renewal | 08-27-2016 | |||||
262/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1040HN35 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 11662 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Information services about the operation of small businesses and multi-level marketing. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-28-2006 | Next Renewal | 08-27-2016 | |||||
| Trademark Honduras | TM1007HN03 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98022 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, lotions, milks, face masks and gels for face and body. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-18-2006 | Next Renewal | 08-18-2016 | |||||
| Trademark Honduras | TM1089HN03 | |||||||
|
SOFT GREEN |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 13099/2009 | Registration No. | 110453 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Soaps, body and facial lotions, gels for the face and body, bath and shower oils, deodorants, antiseptic gels. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-30-2009 | Registration Date | 11-03-2009 | |||||
| Next Renewal | 11-02-2019 | |||||||
| Trademark Honduras | TM1057HN29 | |||||||
|
SPORTWORKS |
||||||||
| Status: | Closed | |||||||
| Application No. | Registration No. | 98346 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Sandwiches, including bars, roasted soy products, dried fruit mixes, cereals and nuts (trail mixes). | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-18-2006 | Next Renewal | 09-17-2016 | |||||
263/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1057HN30 | |||||||
|
SPORTWORKS |
||||||||
| Status: | Pending | |||||||
| Application No. | 3532/2006 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-13-2006 | |||||||
| Trademark Honduras | TM1057HN32 | |||||||
|
SPORTWORKS |
||||||||
| Status: | Pending | |||||||
| Application No. | 3531/2006 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-13-2006 | |||||||
| Trademark Honduras | TM1025HN29 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 101482 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-11-2007 | Next Renewal | 07-10-2017 | |||||
| Trademark Honduras | TM1025HN30 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 101442 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-11-2007 | Next Renewal | 07-10-2017 | |||||
264/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1027HN03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Pending | |||||||
| Application No. | 3533/2006 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, lotions, milks, masks and gels for the face and body; hair sprays, shampoos, conditioners and hair styling products. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-13-2006 | |||||||
| Trademark Honduras | TM1027HN05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 97948 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-17-2006 | Next Renewal | 08-16-2016 | |||||
| Trademark Honduras | TM1027HN16 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98323 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | Plastic containers for tablets, powders and capsules. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-18-2006 | Next Renewal | 09-18-2016 | |||||
| Trademark Honduras | TM1027HN25 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Pending | |||||||
| Application No. | 3537/2006 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 25 | |||||||
| List of Goods | ||||||||
| 25 | T-shirts, caps, cycling tunics, golf shirts. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-13-2006 | |||||||
265/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1027HN28 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Pending | |||||||
| Application No. | 3538/2006 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 28 | |||||||
| List of Goods | ||||||||
| 28 | Stuffed toy bears. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-13-2006 | |||||||
| Trademark Honduras | TM1027HN29 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
Registration No. |
97917 |
||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-04-2006 | Next Renewal | 08-03-2016 | |||||
| Trademark Honduras | TM1027HN35 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 11616 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Information services about the operation of small businesses and multi-level marketing. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-17-2006 | Next Renewal | 08-16-2016 | |||||
266/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1027HN38 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 11615 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 38 | |||||||
| List of Goods | ||||||||
| 38 | Websites for consumer use. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-17-2006 | Next Renewal | 08-17-2016 | |||||
| Trademark Honduras | TM1027HN44 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 11586 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Information services about human nutrition and weight management. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-04-2006 | Next Renewal | 08-03-2016 | |||||
| Trademark Honduras | TM1027HN30 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 97872 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 08-04-2006 | Next Renewal | 08-03-2016 | |||||
| Trademark Honduras | TM1027HN3501 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Pending | |||||||
| Application No. | 3544/2006 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-13-2006 | |||||||
267/745
| 3/4/2014 | Portfolio Report |
| Trademark Honduras | TM1027HN32 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98033 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-18-2006 | Next Renewal | 08-17-2016 | |||||
| Trademark Honduras | TM1027HN21 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 97976 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 21 | |||||||
| List of Goods | ||||||||
| 21 | Vessels in which to mix drinks. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-17-2006 | Next Renewal | 08-16-2016 | |||||
| Trademark Honduras | TM1033HN05 | |||||||
|
TRI-SHIELD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 98099 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements in capsule form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-28-2006 | Next Renewal | 08-27-2016 | |||||
| Trademark Honduras | TM1032HN05 | |||||||
|
XTRA-CAL |
||||||||
| Status: | Pending | |||||||
| Application No. | 3486/2006 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements in the form of tablet or capsule. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-13-2006 | |||||||
268/745
| 3/4/2014 | Portfolio Report |
| Trademark Hong Kong | TM1031HK00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1998B06825 | Registration No. | 1998B06825 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Herbs, vitamin preparations, mineral preparations, all containing herbs or herbal extracts and included in Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-18-1995 | Registration Date | 07-09-1998 | |||||
| Next Renewal | 08-18-2016 | |||||||
| Trademark Hong Kong | TM1068HK00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Closed | |||||||
| Application No. | Registration No. | 199602655 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Body and skin care preparations, cleansers, moisturizers, toners, astringents, facial masks, facial and body scrubs, facial creams, eye creams, body creams, body oils, body lotions, body skin toners, bath oils and bath gels; all included in Class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-12-1994 | Registration Date | 03-26-1996 | |||||
| Trademark Hong Kong | TM1223HK00 | |||||||
|
DERMAJETICS in Chinese |
||||||||
| Status: | Closed | |||||||
| Application No. | 1998B06062 | Registration No. | 1998B06062 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; body and skin care products, cleansers, moisturizers, toners, astringents, facial masks, facial and body scrubs, facial creams, eye creams, body creams, body oils, body lotions, body skin toners, bath oils and bath gels; all included in Class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-02-1995 | Registration Date | 06-18-1998 | |||||
| Next Renewal | 03-02-2016 | |||||||
| Trademark Hong Kong | TM1030HK00 | |||||||
|
DINOMINS |
||||||||
| Status: | Cancelled | |||||||
| Application No. | Registration No. | 199803443 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Chewable vitamin and mineral supplements; all included in Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-13-1996 | Registration Date | 04-09-1998 | |||||
| Next Renewal | 08-13-2013 | |||||||
269/745
| 3/4/2014 | Portfolio Report |
| Trademark Hong Kong | TM1080HK00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Closed | |||||||
| Application No. | Registration No. | 199901341AA | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 05 | Minerals, all in tablet, liquid, capsule form; nutritional supplements, vitamins, herbs, fiber and protein; all in tablet, liquid, capsule or powder form; all included in Class 5. | |||||||
| 30 | Teas; all included in Class 30. | |||||||
| 32 | Protein, amino acids, vitamins, minerals, herbs; all in powdered form and for making non-medicated beverages; all included in Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-17-1997 | Registration Date | 02-03-1999 | |||||
| Next Renewal | 03-17-2014 | |||||||
| Trademark Hong Kong | TM1001HK01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1992B03667 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, lotions, rinsing preparations and conditioning preparations, all for the hair; cleaners, moisturizers, toners, creams, ointments, gels and lotions, all being non-medicated toilet preparations; all containing herbs or extracts of herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-12-1990 | Registration Date | 06-19-1992 | |||||
| Next Renewal | 05-12-2021 | |||||||
| Trademark Hong Kong | TM1001HK02 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1992B01004 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations included in Class 5, analgesic preparations, linseed preparations for pharmaceutical purposes; all containing herbs or herbal extracts; herbs, all for medicinal purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-12-1990 | Registration Date | 03-17-1992 | |||||
| Next Renewal | 05-12-2021 | |||||||
270/745
| 3/4/2014 | Portfolio Report |
| Trademark Hong Kong | TM1001HK03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 2002B02057 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereal, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder, mustard; vinegar, sauces (except salad dressings); spices; ice; all containing herbs; all included in Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-20-2000 | Registration Date | 02-21-2002 | |||||
| Next Renewal | 09-20-2017 | |||||||
| Trademark Hong Kong | TM1001HK04 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 2002B02058 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters, non-alcoholic drinks; fruit drinks and fruit juices; syrups, preparations for making beverages; all containing herbs; all included in Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-20-2000 | Registration Date | 02-21-2002 | |||||
| Next Renewal | 09-20-2017 | |||||||
| Trademark Hong Kong | TM1001HK00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1992B03668 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Protein preparations included in Class 29; soups; all containing herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-12-1990 | Registration Date | 09-16-1992 | |||||
| Next Renewal | 05-12-2021 | |||||||
| Trademark Hong Kong | TM1006HK01 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1994B02532 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Herbs, vitamin preparations, mineral preparations, protein preparations, all containing herbs or herbal extracts and included in Class 5; all in tablet, powder or liquid form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-29-1992 | Registration Date | 04-29-1994 | |||||
| Next Renewal | 06-29-2013 | |||||||
271/745
| 3/4/2014 | Portfolio Report |
| Trademark Hong Kong | TM1006HK02 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1994B01337 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 42 | |||||||
| List of Goods | ||||||||
| 42 | Distributorship services in the field of health foods and cosmetics; all included in Class 42. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-29-1992 | Registration Date | 03-15-1994 | |||||
| Next Renewal | 06-29-2013 | |||||||
| Trademark Hong Kong | TM1006HK00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1994B01338 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, facial creams and shaving creams; all containing herbs or herbal extracts. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-29-1992 | Registration Date | 03-15-1994 | |||||
| Next Renewal | 06-29-2013 | |||||||
| Trademark Hong Kong | TM1106HK00 | |||||||
|
HERBALIFE & Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
| Application No. | 300199279 | Registration No. | 300199279 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 09, 16, 18, 21, 25, 28, 29, 30, 31, 32, 35, 41, 42, 44 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, conditioners, hair styling sprays, hair styling gels, and hair styling pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners, and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or cloths impregnated with cosmetic preparations for exfoliation; hair and body treatments; cosmetics; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, hair lotions; dentifrices; toiletries, eau de toilette, after shave lotion, after shave balm, shower and bath gel; cologne, after-shave, shaving cream, antiperspirant, deodorant, deodorant soap, soap for personal use, antibacterial cleansing soap, impregnated wipes for cleaning; hair care products, mousses; hair tinting, dyeing and coloring preparations; foundation, powder, concealer, blusher, eye shadow, eye liner, mascara, eyebrow pencil, lipstick, lip color, lip gloss, and lip base; nail care products, nail colour, nail base coat, nail drying preparations, nail top coat, nail savings preparations; skin care products, moisturising lotions and creams, astringents and cleansing creams, moisturising body wash, facial cleanser; preparations for the care and hygiene of the mouth, teeth, throat, gums and buccal cavity, rinsing preparations to prevent tartar and caries, tooth cleaning preparations, tooth care preparations, tooth powders, toothpastes, mouth washes, mouth sprays, tooth gels, fluor gels, fluor mouth washes, cleansing powders, tartar coloring tablets for personal use in disclosing tartar on the teeth; laundry additives in the nature of cleaning preparations to enhance wash; detergent for laundry, household and institutional use; antibacterial detergents and cleaning products; sudsing cleaner, cleanser and detergent, rinse agent for automatic dishwashers; sudsing detergent-cleanser for cleaning and disinfecting kitchens, bathrooms, household fixtures and hospital rooms and fixtures; preparations for non-washable clothing and fabrics; fabric softener; laundry cleaning preparations, bleach and pre-soak cleansing cloths. | |||||||
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| 05 | Medicated skin care preparations; nutritional foods and supplements; vitamin and mineral supplements in liquid, tablet, powder, or capsule form; pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use; dietetic supplements; dietetic beverages and foods adapted for medical use; food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides; medicated skin cream, laxatives, prescription cardiomuscular pharmaceutical preparations, oral analgesic preparations. | |||||||
| 09 | Audio and video tapes, disc, and recordings; personal identification and business account cards; audio compact discs; video compact discs; read only memory compact discs; computer operating programmes; computer programmes; magnetic data media; optical data media; magnetic discs; magnetic encoded cards; interfaces for computers; teleprinters; television apparatus; telecommunication apparatus and instruments; facsimile machines; computers; computer keyboards; computer peripheral devices; printers for use with computers; modems; mouse; computer terminals; computer software and publications in electronic form supplied on-line from databases or from facilities provided on the Internet (including web sites); computer software and telecommunications apparatus (including modems) to enable connection to databases and the Internet; computer software to enable searching of data. | |||||||
| 16 | Printed matter, products catalogues, brochures, and informational flyers; books and periodicals about human health and fitness, weight management, dietary supplements and foods, business opportunities, marketing plans, and personal achievement; writing instruments, stationery; non-fiction books, periodicals; publications; pamphlets; magazines; periodicals, publications; photographic prints; soft paper products; toilet paper; paper diapers; paper towels; paper handkerchiefs; paper tissues; paper napkins; cardboard and absorbent paper or paper like materials and/or cellulose; general household goods of paper; paper and cellulose and goods made from these materials; disposable diapers, disposable training pants, both made of paper and or cellulose; bathroom tissues; instructional and teaching material (except apparatus); plastic materials for packaging; containers for pens. | |||||||
| 18 | Tote bags, satchels, travel bags, bags all made of natural or synthetic materials; leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks; umbrellas, parasols and walking sticks; whips, harness and saddlery. | |||||||
| 21 | Tablet boxes, mixing implements; containers for powdered or loose food items, stirring instruments, mugs, drinking glasses and drinking containers; household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. | |||||||
| 25 | Clothing, footwear, headgear. | |||||||
| 28 | Stuffed toys; games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary food supplements in powder, capsule, and tablet form made from processed oils, fats, and nuts, food drink mixes, dietary food supplements, foods and drinks; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. | |||||||
| 30 | Teas, powdered beverage mixes, beverages; coffee, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. | |||||||
| 31 | Foods and snacks containing herbs, marine botanicals, fungi, tree bark, natural plants and flower, seeds, roots, and bulbs; agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds; foodstuffs for animals, malt. | |||||||
| 32 | Ready-to-drink, concentrated, or powdered non-alcoholic beverages, beverages; beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| 35 | Services to assist others with direct marketing, advertising, order processing; sale, business, advertising and promotional information services; telephone answering for unavailable subscribers; departmental store retail services, convenience store retail services, retailing and wholesaling services relating to pharmaceutical and sanitary preparations, dietetic substances, Chinese patent medicines, herbal preparations, dietary supplements, medicated confectionery, food for babies, material for stopping teeth, dental wax, non-alcoholic drinks, fruit juice, packaging materials (plastic or paper), snack foods, confectionery, clothing, umbrellas, bags, printed matters, CD-roms, toys, cosmetics, skin care preparations, slimming preparations, nutritional supplements, medicinal wine, health food, deer horns, deer horn extracts, ginseng, live animals, fresh fruits, meat, poultry, cooked fruits and vegetables, eggs, milk and milk products, tea, mineral water, wines and spirits; the bringing together for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase those goods from a general merchandise Internet web site; home shopping services relating to pharmaceutical preparations, sanitary preparations, dietetic substances and Chinese patent medicines provided by means of Internet; import and export agency services; public relations; organization of trade fairs; demonstration of goods and distribution of samples; compiling, arranging and publishing merchandise catalogues; mail order promotions; business services in support of new product introductions in the market place; marketing, including direct marketing, direct mail advertising; advertising by mail order, point of purchase; promotions; on-line advertising; direct selling on-line via a global computer network; sale promotions; business administration, layout and operation of the business in particular relating to marketing, advertising, personnel training and management of perfumery shops, cosmetic shops, dietitian shops and nutrition shops; franchising of perfumery, cosmetic, dietitian and nutrition shops and schools and provision of business, technical, craft and organisational know-how to perfumery, cosmetics, dietitian and nutrition shops and schools franchisees; consultation of franchisees and licensees on the design, layout and operation of the business, in particular with respect to marketing and advertising; advertising on beauty parlours; business counselling on beauty parlours; provision of information, advisory and consultancy services relating to all of the aforesaid services. | |||||||
| 41 | Educational and training programs related to weight management and human health and fitness; educational and training programs related to multi-level marketing and development of small businesses; educational and training programs related to dietitian and nutrition services; personnel training, personnel training in relation to lay out and operation of the business; health club services, health resorts; provision of information, advisory and consultancy services relating to all of the aforesaid services. | |||||||
| 42 | Internet and electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small businesses; scientific and technological services and research and design relating thereto, industrial analysis and research services; scientific and technological research relating to cosmetics, dietitian services and nutrition consultation services; legal services; pharmaceutical and medical research; development of dietitian preparations, nutrition preparations, cosmetic preparations and perfumes; provision of information, advisory and consultancy services relating to all of the aforesaid services. | |||||||
| 44 | Dietitian services; beauty consultation; nutrition consultation; cosmetic treatments; services of beauty shops; veterinary and agricultural services; hairdressing salons; hygienic, health care and beauty care services, beauty parlours; pharmaceutical consultation; pharmaceutical and medical expert evaluations; massage services; facial treatment services; body slimming; body massage; treatment of cosmetic disease, pigmented lesions, vascular lesions; skin tone and skin textural improvement services; medical services; provision of information, advisory and consultancy services relating to all of the aforesaid services. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-19-2004 | Registration Date | 10-27-2004 | |||||
| Next Renewal | 04-18-2014 | |||||||
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| Trademark Hong Kong | TM1104HK02 | |||||||
|
HERBALIFE in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 199700462 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereal, bread, pastry and confectionery, ices; honey treacle; yeast, baking-powder, mustard; vinegar, sauces (except salad dressings); spices; ice. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-05-1994 | Registration Date | 01-14-1997 | |||||
| Next Renewal | 12-05-2015 | |||||||
| Trademark Hong Kong | TM1104HK03 | |||||||
|
HERBALIFE in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 199700463 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for making beverages; beers; mineral and aerated waters, non-alcoholic drinks; fruit drinks and fruit juices; syrups, preparations for making beverages; all included in Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-05-1994 | Registration Date | 01-14-1997 | |||||
| Next Renewal | 12-05-2015 | |||||||
| Trademark Hong Kong | TM1016HK00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 301939762 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 00 | |||||||
| List of Goods | ||||||||
| 00 | Natural health products, namely, nutritional supplements containing vitamins, minerals, marine lipid complex (fish oil), herbs, and natural plant oils in capsule form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 06-07-2011 | Next Renewal | 06-07-2021 | |||||
| Trademark Hong Kong | TM1210HK00 | |||||||
|
KRILL SHIELD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 301399816 | Registration No. | 301399816 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Food supplements for non-medicinal purposes composed primarily of marine oils; nutritional food supplements for non-medicinal purposes in powder, paste, capsule or liquid form, composed primarily of marine oils. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-05-2009 | Registration Date | 05-17-2010 | |||||
| Next Renewal | 08-04-2019 | |||||||
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| Trademark Hong Kong | TM1049HK00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 300292293 | Registration No. | 300292293 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages and preparations for making non-alcoholic beverages, all being energy and nutritional drinks; ready-to-drink, concentrated, or powdered non-alcoholic beverages, beverages; beer; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-25-2004 | Registration Date | 11-01-2005 | |||||
| Next Renewal | 09-24-2014 | |||||||
| Trademark Hong Kong | TM1062HK00 | |||||||
|
NATURES MIRROR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 199806730 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Body and skin care preparations, cleansers, moisturizers, facial creams, body powders, body oils, body lotions, body creams, body soaps, body deodorants, bath oils and bath gels. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-13-1995 | Registration Date | 07-07-1998 | |||||
| Next Renewal | 09-13-2016 | |||||||
| Trademark Hong Kong | TM1224HK00 | |||||||
|
NITEWORKS in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 301028204 | Registration No. | 301028204 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages; soft drinks; fruit juices; preparations for making beverages; powders for effervescing beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-09-2008 | Registration Date | 08-20-2008 | |||||
| Next Renewal | 01-08-2018 | |||||||
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| Trademark Hong Kong | TM1224HK01 | |||||||
|
NITEWORKS in Latin Char |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 301939771 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages; soft drinks; fruit juices; preparations for making beverages; powders for effervescing beverages. | |||||||
| Diary Dates: | ||||||||
| Next Renewal | 06-07-2021 | |||||||
| Trademark Hong Kong | TM1021HK00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 300406296 | Registration No. | 300406296 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 30 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products; traditional topical cosmetics; creams, gels, lotions, washes, masks, and milks for use on the face and body; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. | |||||||
| 30 | Ingestible food supplements for nourishing the skin; dietary and nutritional supplements for non-medicinal health purposes; coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. | |||||||
|
Diary Dates: |
||||||||
| Application Date | 04-20-2005 | Registration Date | 09-28-2005 | |||||
| Next Renewal | 04-19-2015 | |||||||
| Trademark Hong Kong | TM1528HK00 | |||||||
|
NOURIFUSION & Leaf Graphic |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 301939799 | |||||||
| Application Type: | Without Priority | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 06-08-2011 | Next Renewal | 06-08-2021 | |||||
| Trademark Hong Kong | TM1529HK00 | |||||||
|
NRG |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 301939807 | |||||||
| Application Type: | Without Priority | |||||||
| Diary Dates: | ||||||||
| Registration Date | 06-08-2011 | Next Renewal | 06-08-2021 | |||||
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| Trademark Hong Kong | TM1072HK00 | |||||||
|
OCEAN CURRENTS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 199603049 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; skin care preparations, cleansers, moisturizers, toners, astringents, facial masks, facial creams, eye creams, body creams, body lotions, body toning creams, bath oils, bath gels, shaving creams, suntan oils, suntan lotions; all included in Class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-31-1994 | Registration Date | 04-03-1996 | |||||
| Next Renewal | 10-31-2015 | |||||||
| Trademark Hong Kong | TM1063HK00 | |||||||
|
PINSTRIPE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 199703007 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; make-up powder, perfumes, cologne, toilet water, body oils, body lotions, deodorants for personal use, after shave balms. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-31-1994 | Registration Date | 03-17-1997 | |||||
| Next Renewal | 10-31-2015 | |||||||
| Trademark Hong Kong | TM1038HK00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
| Application No. | 300199251 | Registration No. | 300199251 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 09, 16, 18, 21, 25, 28, 29, 30, 31, 32, 35, 41, 42, 44 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, conditioners, hair styling sprays, hair styling gels, and hair styling pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners, and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or cloths impregnated with cosmetic preparations for exfoliation; hair and body treatments; cosmetics; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, hair lotions; dentifrices; toiletries, eau de toilette, after shave lotion, after shave balm, shower and bath gel; cologne, after-shave, shaving cream, antiperspirant, deodorant, deodorant soap, soap for personal use, antibacterial cleansing soap, impregnated wipes for cleaning; hair care products, mousses; hair tinting, dyeing and coloring preparations; foundation, powder, concealer, blusher, eye shadow, eye liner, mascara, eyebrow pencil, lipstick, lip color, lip gloss, and lip base; nail care products, nail colour, nail base coat, nail drying preparations, nail top coat, nail savings preparations; skin care products, moisturising lotions and creams, astringents and cleansing creams, moisturising body wash, facial cleanser; preparations for the care and hygiene of the mouth, teeth, throat, gums and buccal cavity, rinsing preparations to prevent tartar and caries, tooth cleaning preparations, tooth care preparations, tooth powders, toothpastes, mouth washes, mouth sprays, tooth gels, fluor gels, fluor mouth washes, cleansing powders, tartar coloring tablets for personal use in disclosing tartar on the teeth; laundry additives in the nature of cleaning preparations to enhance wash; detergent for laundry, household and institutional use; antibacterial detergents and cleaning products; sudsing cleaner, cleanser and detergent, rinse agent for automatic dishwashers; sudsing detergent-cleanser for cleaning and disinfecting kitchens, bathrooms, household fixtures and hospital rooms and fixtures; preparations for non-washable clothing and fabrics; fabric softener; laundry cleaning preparations, bleach and pre-soak cleansing cloths. | |||||||
| 05 | Medicated skin care preparations; nutritional foods and supplements; vitamin and mineral supplements in liquid, tablet, powder, or capsule form; pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use; dietetic supplements; dietetic beverages and foods adapted for medical use; food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides; medicated skin cream, laxatives, prescription cardiomuscular pharmaceutical preparations, oral analgesic preparations. | |||||||
| 09 | Audio and video tapes, disc, and recordings; personal identification and business account cards; audio compact discs; video compact discs; read only memory compact discs; computer operating programmes; computer programmes; magnetic data media; optical data media; magnetic discs; magnetic encoded cards; interfaces for computers; teleprinters; television apparatus; telecommunication apparatus and instruments; facsimile machines; computers; computer keyboards; computer peripheral devices; printers for use with computers; modems; mouse; computer terminals; computer software and publications in electronic form supplied on-line from databases or from facilities provided on the Internet (including web sites); computer software and telecommunications apparatus (including modems) to enable connection to databases and the Internet; computer software to enable searching of data. | |||||||
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| 16 | Printed matter, products catalogues, brochures, and informational flyers; books and periodicals about human health and fitness, weight management, dietary supplements and foods, business opportunities, marketing plans, and personal achievement; writing instruments, stationery; non-fiction books, periodicals; publications; pamphlets; magazines; periodicals, publications; photographic prints; soft paper products; toilet paper; paper diapers; paper towels; paper handkerchiefs; paper tissues; paper napkins; cardboard and absorbent paper or paper like materials and/or cellulose; general household goods of paper; paper and cellulose and goods made from these materials; disposable diapers, disposable training pants, both made of paper and or cellulose; bathroom tissues; instructional and teaching material (except apparatus); plastic materials for packaging; containers for pens. | |||||||
| 18 | Tote bags, satchels, travel bags, bags all made of natural or synthetic materials; leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks; umbrellas, parasols and walking sticks; whips, harness and saddlery. | |||||||
| 21 | Tablet boxes, mixing implements; containers for powdered or loose food items, stirring instruments, mugs, drinking glasses and drinking containers; household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. | |||||||
| 25 | Clothing, footwear, headgear. | |||||||
| 28 | Stuffed toys; games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary food supplements in powder, capsule, and tablet form made from processed oils, fats, and nuts, food drink mixes, dietary food supplements, foods and drinks; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. | |||||||
| 30 | Teas, powdered beverage mixes, beverages; coffee, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. | |||||||
| 31 | Foods and snacks containing herbs, marine botanicals, fungi, tree bark, natural plants and flower, seeds, roots, and bulbs; agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds; foodstuffs for animals, malt. | |||||||
| 32 | Ready-to-drink, concentrated, or powdered non-alcoholic beverages, beverages; beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| 35 | Services to assist others with direct marketing, advertising, order processing; sale, business, advertising and promotional information services; telephone answering for unavailable subscribers; departmental store retail services, convenience store retail services, retailing and wholesaling services relating to pharmaceutical and sanitary preparations, dietetic substances, Chinese patent medicines, herbal preparations, dietary supplements, medicated confectionery, food for babies, material for stopping teeth, dental wax, non-alcoholic drinks, fruit juice, packaging materials (plastic or paper), snack foods, confectionery, clothing, umbrellas, bags, printed matters, CD-roms, toys, cosmetics, skin care preparations, slimming preparations, nutritional supplements, medicinal wine, health food, deer horns, deer horn extracts, ginseng, live animals, fresh fruits, meat, poultry, cooked fruits and vegetables, eggs, milk and milk products, tea, mineral water, wines and spirits; the bringing together for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase those goods from a general merchandise Internet web site; home shopping services relating to pharmaceutical preparations, sanitary preparations, dietetic substances and Chinese patent medicines provided by means of Internet; import and export agency services; public relations; organization of trade fairs; demonstration of goods and distribution of samples; compiling, arranging and publishing merchandise catalogues; mail order promotions; business services in support of new product introductions in the market place; marketing, including direct marketing, direct mail advertising; advertising by mail order, point of purchase; promotions; on-line advertising; direct selling on-line via a global computer network; sale promotions; business administration, layout and operation of the business in particular relating to marketing, advertising, personnel training and management of perfumery shops, cosmetic shops, dietitian shops and nutrition shops; franchising of perfumery, cosmetic, dietitian and nutrition shops and schools and provision of business, technical, craft and organisational know-how to perfumery, cosmetics, dietitian and nutrition shops and schools franchisees; consultation of franchisees and licensees on the design, layout and operation of the business, in particular with respect to marketing and advertising; advertising on beauty parlours; business counselling on beauty parlours; provision of information, advisory and consultancy services relating to all of the aforesaid services. | |||||||
| 41 | Educational and training programs related to weight management and human health and fitness; educational and training programs related to multi-level marketing and development of small businesses; educational and training programs related to dietitian and nutrition services; personnel training, personnel training in relation to lay out and operation of the business; health club services, health resorts; provision of information, advisory and consultancy services relating to all of the aforesaid services. | |||||||
| 42 | Internet and electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small businesses; scientific and technological services and research and design relating thereto, industrial analysis and research services; scientific and technological research relating to cosmetics, dietitian services and nutrition consultation services; legal services; pharmaceutical and medical research; development of dietitian preparations, nutrition preparations, cosmetic preparations and perfumes; provision of information, advisory and consultancy services relating to all of the aforesaid services. | |||||||
| 44 | Dietitian services; beauty consultation; nutrition consultation; cosmetic treatments; services of beauty shops; veterinary and agricultural services; hairdressing salons; hygienic, health care and beauty care services, beauty parlours; pharmaceutical consultation; pharmaceutical and medical expert evaluations; massage services; facial treatment services; body slimming; body massage; treatment of cosmetic disease, pigmented lesions, vascular lesions; skin tone and skin textural improvement services; medical services; provision of information, advisory and consultancy services relating to all of the aforesaid services. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-19-2004 | Registration Date | 10-27-2004 | |||||
| Next Renewal | 04-18-2014 | |||||||
| Trademark Hong Kong | TM1070HK00 | |||||||
|
SEAWARD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 199603057 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; perfumery, essential oils, cosmetics, hair lotions; dentifrices; personal hygiene preparations; powders, perfumes, colognes, toilet waters, body oils, body lotions, soaps, deodorants and after shave balms. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-26-1994 | Registration Date | 04-03-1996 | |||||
| Next Renewal | 11-26-2015 | |||||||
279/745
| 3/4/2014 | Portfolio Report |
| Trademark Hong Kong | TM1375HK00 | |||||||
|
THERMO-BOND |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 301939753 | Registration No. | 301939753 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | 30: Dietary supplements containing fiber for weight-loss program | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-08-2011 | Registration Date | 06-07-2011 | |||||
| Next Renewal | 06-07-2021 | |||||||
| Trademark Hong Kong | TM1025HK00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 199508275 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Cosmetics and body creams. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-1994 | Registration Date | 09-29-1995 | |||||
| Next Renewal | 02-24-2015 | |||||||
| Trademark Hong Kong | TM1025HK02 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 200110137 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereal, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder, mustard; vinegar, sauces (except salad dressings); spices, ice. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-20-2000 | Registration Date | 08-31-2001 | |||||
| Next Renewal | 09-20-2017 | |||||||
| Trademark Hong Kong | TM1025HK03 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 200110138 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters, non-alcoholic drinks; fruit drinks and fruit juices; syrups, preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-20-2000 | Registration Date | 08-31-2001 | |||||
| Next Renewal | 09-20-2017 | |||||||
280/745
| 3/4/2014 | Portfolio Report |
| Trademark Hong Kong | TM1110HK00 | |||||||
|
THERMOJETICS & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 199508274 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Cosmetics and body creams. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-1994 | Registration Date | 09-29-1995 | |||||
| Next Renewal | 02-24-2015 | |||||||
| Trademark Hong Kong | TM1109HK00 | |||||||
|
THERMOJETICS in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1999B10205 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, facial creams, body creams, shaving creams, suntan oils and suntan lotions; all included in Class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-31-1994 | Registration Date | 08-19-1999 | |||||
| Next Renewal | 10-31-2015 | |||||||
| Trademark Hong Kong | TM1109HK01 | |||||||
|
THERMOJETICS in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1999B10206 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical and sanitary preparations; dietetic foods and beverages adapted for medical purposes; dietetic substances adapted for medical use; vitamin preparations; nutritional supplements for medical purposes and consisting of vitamins, minerals and protein, all in tablet, powder or liquid forms; all included in Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-31-1994 | Registration Date | 08-19-1999 | |||||
| Next Renewal | 10-31-2015 | |||||||
281/745
| 3/4/2014 | Portfolio Report |
| Trademark Hong Kong | TM1109HK02 | |||||||
|
THERMOJETICS in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1999B12962 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereal, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder, mustard; vinegar, sauces (except salad dressings); spices; ice. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-31-1994 | Registration Date | 10-26-1999 | |||||
| Next Renewal | 10-31-2015 | |||||||
| Trademark Hong Kong | TM1109HK03 | |||||||
|
THERMOJETICS in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 1999B10322 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters, non-alcoholic drinks; fruit drinks and fruit juices; syrups, preparations for making beverages; all included in Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-31-1994 | Registration Date | 08-23-1999 | |||||
| Next Renewal | 10-31-2015 | |||||||
| Trademark Hong Kong | TM1027HK00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 199910986AA | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, vitamins, minerals, herbs, fiber, protein; all in tablet, liquid, capsule and powder forms; all for medical or nutritional purposes and included in Class 5. | |||||||
| 30 | Teas; all included in Class 30. | |||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for making non-medicated beverages; all included in Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-17-1997 | Registration Date | 09-08-1999 | |||||
| Next Renewal | 03-17-2024 | |||||||
| Trademark Hong Kong | TM1527HK00 | |||||||
|
TRI-LEAF Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 301939780 | Registration No. | 301939780 | |||||
| Application Type: | Without Priority | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-08-2011 | Registration Date | 01-05-2012 | |||||
| Next Renewal | 06-07-2021 | |||||||
282/745
| 3/4/2014 | Portfolio Report |
283/745
| 3/4/2014 | Portfolio Report |
284/745
| 3/4/2014 | Portfolio Report |
285/745
| 3/4/2014 | Portfolio Report |
286/745
| 3/4/2014 | Portfolio Report |
287/745
| 3/4/2014 | Portfolio Report |
288/745
| 3/4/2014 | Portfolio Report |
289/745
| 3/4/2014 | Portfolio Report |
| Trademark India | TM1100IN00 | |||||||
|
AFRESH |
||||||||
| Status: | Abandoned | |||||||
| Application No. | 1354148 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 04-28-2005 | |||||||
| Trademark India | TM1068IN00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Closed | |||||||
| Application No. | 644099 | Registration No. | 644099 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely, cleansers, moisturizers, toners, astringents, facial masks, facial creams, eye creams, body creams, body lotions, bath oils, bath gels. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-26-1994 | Registration Date | 10-26-1994 | |||||
| Trademark India | TM1080IN01 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 637827 | Registration No. | 637827 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, dietetic foods, all consisting of vitamins, minerals, herbs, fiber and protein all in tablet, powder, capsule or liquid form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-23-1994 | Registration Date | 12-31-2002 | |||||
| Next Renewal | 08-23-2018 | |||||||
| Trademark India | TM1080IN02 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 637833 | Registration No. | 637833 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal food beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-23-1994 | Registration Date | 02-28-2003 | |||||
| Next Renewal | 08-23-2018 | |||||||
290/745
| 3/4/2014 | Portfolio Report |
| Trademark India | TM1080IN00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 637834 | Registration No. | 637834 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-23-1994 | Registration Date | 09-24-2008 | |||||
| Next Renewal | 08-23-2014 | |||||||
| Trademark India | TM1001IN00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 591137 | Registration No. | 591137 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements consisting of vitamins, minerals, herbs and protein all in tablet, powder or liquid form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-18-1993 | Registration Date | 10-31-2002 | |||||
| Next Renewal | 02-18-2017 | |||||||
| Trademark India | TM1001IN01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 637826 | Registration No. | 637826 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-23-1994 | Registration Date | 08-23-1994 | |||||
| Next Renewal | 08-23-2014 | |||||||
291/745
| 3/4/2014 | Portfolio Report |
| Trademark India | TM1001IN02 | |||||||
|
HERBALIFE |
||||||||
| Status: | Published | |||||||
| Application No. | 591135 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-18-1993 | |||||||
| Trademark India | TM1001IN03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Pending | |||||||
| Application No. | 637825 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-23-1994 | |||||||
| Trademark India | TM1006IN01 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 591136 | Registration No. | 591136 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-18-1993 | Registration Date | 02-18-1993 | |||||
| Next Renewal | 02-18-2017 | |||||||
| Trademark India | TM1006IN00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Pending | |||||||
| Application No. | 591138 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-18-1993 | |||||||
292/745
| 3/4/2014 | Portfolio Report |
| Trademark India | TM1548IN00 | |||||||
|
HERBALIFE AQUA with device |
||||||||
| Status: | Pending | |||||||
| Application No. | 2517036 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, conditioners and hair styling products. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-22-2013 | |||||||
| Trademark India | TM1029IN00 | |||||||
|
HERBALIFE DISTRIBUTOR NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1319333 | Registration No. | 1319333 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Providing educational services through the exchange of news and information in the fields of health, nutrition, fitness, multi-level marketing and development of small services included in Class 41. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-05-2004 | Registration Date | 12-28-2007 | |||||
| Next Renewal | 11-05-2014 | |||||||
| Trademark India | TM1020IN00 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1319332 | Registration No. | 1319332 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Providing educational services through the exchange of news and information in the fields of health, nutrition, fitness, multi-level marketing and development of small services included in Class 41. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-05-2004 | Registration Date | 07-17-2008 | |||||
| Next Renewal | 11-05-2014 | |||||||
| Trademark India | TM1544IN00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered | |||||||
| Application No. | 2153774 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Effervescent powders and tablets for making non-alcoholic beverages, with the express exclusion of ready-made beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-02-2011 | |||||||
293/745
| 3/4/2014 | Portfolio Report |
| Trademark India | TM1545IN00 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered | |||||||
| Application No. | 2153775 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-02-2011 | |||||||
| Trademark India | TM1021IN00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1511033 | Registration No. | 1511033 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, lotions, gels, masks, milks, washes and sprays for the face and body included in class 03. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-07-2006 | Registration Date | 12-07-2006 | |||||
| Next Renewal | 12-07-2016 | |||||||
| Trademark India | TM1038IN03 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1319334 | Registration No. | 1319334 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and weight-loss supplements, nutritional drink mixes for use as a meal replacement. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-05-2004 | Registration Date | 11-05-2004 | |||||
| Next Renewal | 11-05-2014 | |||||||
294/745
| 3/4/2014 | Portfolio Report |
| Trademark India | TM1038IN04 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1319335 | Registration No. | 1319335 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed nuts, soups, soup mixes, protein-based snack foods, soy-based snack foods, fruit and vegetable based snack foods, powdered soy-based protein food beverage mixes, soy-based food beverages used as a milk substitute in Class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-05-2004 | Registration Date | 11-07-2005 | |||||
| Next Renewal | 11-05-2014 | |||||||
| Trademark India | TM1038IN01 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1319337 | Registration No. | 1319337 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for making beverages, fruit juice, vegetable juice. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-05-2004 | Registration Date | 02-02-2006 | |||||
| Next Renewal | 11-05-2014 | |||||||
| Trademark India | TM1038IN02 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1319338 | Registration No. | 1319338 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 42 | |||||||
| List of Goods | ||||||||
| 42 | Weight-management regimen program featuring structured weight loss, weight management, diet, wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-05-2004 | Registration Date | 11-07-2005 | |||||
| Next Renewal | 11-05-2014 | |||||||
| Trademark India | TM1038IN00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1319336 | Registration No. | 1319336 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas, herbal food beverages, non-alcoholic effervescent beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-05-2004 | Registration Date | 11-07-2005 | |||||
| Next Renewal | 11-05-2014 | |||||||
295/745
| 3/4/2014 | Portfolio Report |
| Trademark India | TM1040IN02 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1317560 | Registration No. | 1317560 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional, dietary and weight-loss supplements, nutritional drink mixes for use as a meal replacement. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-27-2004 | Registration Date | 03-28-2006 | |||||
| Next Renewal | 10-27-2014 | |||||||
| Trademark India | TM1040IN03 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1317561 | Registration No. | 1317561 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed nuts, soups, soup mixes, protein-based snack foods, powdered soy-based protein food beverage mixes, soy-based food beverages used as a milk substitute. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-27-2004 | Registration Date | 02-21-2008 | |||||
| Next Renewal | 10-27-2014 | |||||||
| Trademark India | TM1040IN01 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1317564 | Registration No. | 1317564 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 42 | |||||||
| List of Goods | ||||||||
| 42 | Weight-management regimen program featuring structured weight loss, weight management, diet wellness planning and maintenance through the use of diet, nutrition and exercise for lifestyle change. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-27-2004 | Registration Date | 03-17-2006 | |||||
| Next Renewal | 10-27-2014 | |||||||
| Trademark India | TM1040IN00 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1317563 | Registration No. | 1317563 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs, fruit juice, vegetable juice. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-27-2004 | Registration Date | 03-28-2006 | |||||
| Next Renewal | 10-27-2014 | |||||||
296/745
| 3/4/2014 | Portfolio Report |
| Trademark India | TM1040IN04 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1317562 | Registration No. | 1317562 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas, herbal food beverages, non-alcoholic effervescent beverages included in Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-27-2004 | Registration Date | 03-28-2006 | |||||
| Next Renewal | 10-27-2014 | |||||||
| Trademark India | TM1025IN00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 637828 | Registration No. | 637828 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-23-1994 | Registration Date | 08-23-1994 | |||||
| Next Renewal | 08-23-2018 | |||||||
| Trademark India | TM1025IN02 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 637832 | Registration No. | 637832 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-23-1994 | Registration Date | 08-23-1994 | |||||
| Next Renewal | 08-23-2018 | |||||||
297/745
| 3/4/2014 | Portfolio Report |
298/745
| 3/4/2014 | Portfolio Report |
| Trademark India | TM1533IN30 | |||||||
|
TRI-LEAF device |
||||||||
| Status: | Pending | |||||||
| Application No. | 2153769 | |||||||
| Application Type: | Without Priority | |||||||
| Classes: | 30 | |||||||
| Trademark India | TM1533IN32 | |||||||
|
TRI-LEAF device |
||||||||
| Status: | Registered | |||||||
| Application No. | 2153770 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-02-2011 | |||||||
| Trademark India | TM1621IN05 | |||||||
|
XTRA-CAL |
||||||||
| Status: | Pending | |||||||
| Application No. | 2153777 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements for non-medicinal purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-02-2011 | |||||||
| Trademark Indonesia | TM1031ID00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 450313 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-30-1998 | Registration Date | 07-14-2000 | |||||
| Next Renewal | 12-30-2018 | |||||||
299/745
| 3/4/2014 | Portfolio Report |
| Trademark Indonesia | TM1080ID00 | |||||||
| Figurine Design (reversed rainbowman) | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000068425 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, dietetic foods, all consisting of vitamins, minerals, herbs, fibers and protein, all in tablet, powder, capsule or liquid form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-13-1994 | Registration Date | 01-24-1996 | |||||
| Next Renewal | 10-13-2014 | |||||||
| Trademark Indonesia | TM1080ID01 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000032520 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Powdered protein for human consumption. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-20-1995 | Registration Date | 03-07-1996 | |||||
| Next Renewal | 03-20-2015 | |||||||
| Trademark Indonesia | TM1080ID02 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000158816 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-19-1995 | Registration Date | 03-08-1996 | |||||
| Next Renewal | 01-19-2015 | |||||||
| Trademark Indonesia | TM1080ID03 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000158818 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-19-1995 | Registration Date | 02-12-1996 | |||||
| Next Renewal | 01-19-2015 | |||||||
300/745
| 3/4/2014 | Portfolio Report |
| Trademark Indonesia | TM1001ID00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000100886 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Cosmetics, essential perfumes, perfumery, soaps, hair lotions, dentifrices; substances for hair care and skin care; substances for cleansing and conditioning; substances for laundry use, cleaning, polishing, scouring and abrasive preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-03-1995 | Registration Date | 02-12-1996 | |||||
| Next Renewal | 02-03-2015 | |||||||
| Trademark Indonesia | TM1001ID01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000100888 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Food extracts, namely meat, fish, poultry and game; preserved, dried and cooked fruits and vegetables; jam, sweets, eggs, milk and milk products; edible oils and fats; canned vegetables and fruits; pickle. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-03-1995 | Registration Date | 04-19-1996 | |||||
| Next Renewal | 02-03-2015 | |||||||
| Trademark Indonesia | TM1001ID02 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000100889 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Additional substances for foods, soups, vegetable extracts. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-03-1995 | Registration Date | 02-16-1996 | |||||
| Next Renewal | 02-03-2015 | |||||||
301/745
| 3/4/2014 | Portfolio Report |
| Trademark Indonesia | TM1001ID03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000100887 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceuticals, vitamins, minerals, (substances for) food supplements, proteins, medicated spices, dietetic foods, medicine and health care supplements, including tablets, liquids, capsules and powders; essential spices, medicated soaps, pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, baby food; plasters and material for bandaging; material for stopping teeth, dental wax, disinfectants; preparations for destroying vermin; fungicides, herbicides. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-03-1995 | Registration Date | 03-01-1996 | |||||
| Next Renewal | 02-03-2015 | |||||||
| Trademark Indonesia | TM1534ID03 | |||||||
|
HERBALIFE AQUA |
||||||||
| Status: | Pending | |||||||
| Application No. | D00.2013.015638 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoo, conditioners and hair styling products. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-05-2013 | |||||||
| Trademark Indonesia | TM1029ID00 | |||||||
|
HERBALIFE DISTRIBUTOR NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000114540 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Providing educational services through the exchange of news and information in the fields of health, nutrition, fitness, multi-level marketing and development of small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-19-2005 | Registration Date | 06-19-2005 | |||||
| Next Renewal | 06-19-2015 | |||||||
| Trademark Indonesia | TM1020ID00 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | J00.2004.36675.37090 | Registration No. | IDM000114539 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Providing educational services through the exchange of news and information in the fields of health, nutrition, fitness, multi-level marketing and development of small businesses. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-15-2004 | Registration Date | 07-19-2005 | |||||
| Next Renewal | 07-19-2015 | |||||||
302/745
| 3/4/2014 | Portfolio Report |
303/745
| 3/4/2014 | Portfolio Report |
304/745
| 3/4/2014 | Portfolio Report |
| Trademark Indonesia | TM1025ID01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000158817 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-19-1995 | Registration Date | 02-12-1996 | |||||
| Next Renewal | 01-19-2015 | |||||||
| Trademark Indonesia | TM1025ID02 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000158815 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-19-1995 | Registration Date | 03-08-1996 | |||||
| Next Renewal | 01-19-2015 | |||||||
| Trademark Indonesia | TM1027ID00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000072089 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair care products, namely shampoos, rinses and conditioners; skin care products, namely cleansers, moisturizers, toners, astringents, facial cream, eye creams, body creams, body lotions, shaving creams, suntan oils and suntan lotions. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-13-1994 | Registration Date | 12-18-1995 | |||||
| Next Renewal | 10-13-2014 | |||||||
| Trademark Indonesia | TM1027ID01 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000068424 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, dietetic foods, all consisting of vitamins, minerals, herbs, fibers and protein, all in tablet, powder, capsule or liquid form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-13-1994 | Registration Date | 01-24-1996 | |||||
| Next Renewal | 10-13-2014 | |||||||
305/745
| 3/4/2014 | Portfolio Report |
| Trademark Indonesia | TM1027ID02 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 353628 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-19-1995 | Registration Date | 02-12-1996 | |||||
| Next Renewal | 01-19-2015 | |||||||
| Trademark Indonesia | TM1027ID04 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000032521 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Powdered protein for human consumption. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-20-1995 | Registration Date | 04-19-1996 | |||||
| Next Renewal | 03-20-2015 | |||||||
| Trademark Indonesia | TM1027ID03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | IDM000100894 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-19-1995 | Registration Date | 02-23-1996 | |||||
| Next Renewal | 01-19-2015 | |||||||
306/745
| 3/4/2014 | Portfolio Report |
| Trademark Indonesia | TM1033ID00 | |||||||
|
TRI-SHIELD |
||||||||
| Status: | Pending | |||||||
| Application No. | D00.2007.038484 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-21-2007 | |||||||
| Trademark Ireland | TM1031IE00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 111467 | Registration No. | 111467 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, herbs for medical use, medicinal linseed and analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-30-1983 | Registration Date | 06-30-1983 | |||||
| Next Renewal | 06-29-2014 | |||||||
| Trademark Ireland | TM1001IE00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 109924 | Registration No. | 109924 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, lotions, rinses and conditioners for the hair; cleansers, moisturizers, toners, creams, ointments, gels and lotions for the skin; all of the foregoing goods containing herbs or herbal products. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-26-1983 | Registration Date | 04-26-1983 | |||||
| Next Renewal | 04-25-2014 | |||||||
| Trademark Ireland | TM1001IE01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 109925 | Registration No. | 109925 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, herbs for medical use, medicinal linseed and analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-26-1983 | Registration Date | 04-26-1983 | |||||
| Next Renewal | 04-25-2014 | |||||||
307/745
| 3/4/2014 | Portfolio Report |
308/745
| 3/4/2014 | Portfolio Report |
| Trademark Israel | TM1047IL01 | |||||||
|
AROMAVIE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 95564 | Registration No. | 95564 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 04 | |||||||
| List of Goods | ||||||||
| 04 | Candles included in class 4. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-17-1994 | Registration Date | 06-02-1996 | |||||
| Next Renewal | 11-17-2015 | |||||||
| Trademark Israel | TM1222IL00 | |||||||
|
CELL-U-LOSS ???-??-?? |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 67432 | Registration No. | 67432 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Herbal compositions enriched with vitamin C and minerals in the form of tablets for use in reducing the appearance of cellulite. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-06-1987 | Registration Date | 09-13-1992 | |||||
| Next Renewal | 10-06-2022 | |||||||
| Trademark Israel | TM1068IL00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 94246 | Registration No. | 94246 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely, cleansers, moisturizers, toners, astringents, facial masks, facial and body scrubs, facial creams, eye creams, body creams, body oils, body lotions, body skin toners, bath oils and bath gels; all included in class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-18-1994 | Registration Date | 05-01-1996 | |||||
| Trademark Israel | TM1030IL00 | |||||||
|
DINOMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 106877 | Registration No. | 106877 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Chewable vitamin and mineral supplements, all included in class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-07-1996 | Registration Date | 10-07-1997 | |||||
| Next Renewal | 08-07-2017 | |||||||
309/745
| 3/4/2014 | Portfolio Report |
| Trademark Israel | TM1083IL00 | |||||||
|
H3O PRO |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 209350 | Registration No. | 209350 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic beverages, all included in class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-09-2008 | Registration Date | 02-07-2010 | |||||
| Next Renewal | 03-09-2018 | |||||||
| Trademark Israel | TM1225IL00 | |||||||
|
HERBALIFE ??????? |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 67434 | Registration No. | 67434 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Lecithin and vitamin B6 tablets, powdered amino acids, multivitamin and mineral tablets and fatty acid capsules, all included in class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-06-1987 | Registration Date | 11-18-1992 | |||||
| Next Renewal | 10-06-2022 | |||||||
| Trademark Israel | TM1225IL01 | |||||||
|
HERBALIFE ??????? |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 67430 | Registration No. | 67430 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoos, rinses, conditioners, skin cleansers, and moisturizers; and facial creams included in class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-06-1987 | Registration Date | 11-25-1992 | |||||
| Next Renewal | 10-06-2022 | |||||||
| Trademark Israel | TM1006IL00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 71386 | Registration No. | 71386 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic food for medical use in the form of powders and tablets. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-24-1989 | Registration Date | 12-20-1993 | |||||
| Next Renewal | 01-24-2024 | |||||||
310/745
| 3/4/2014 | Portfolio Report |
| Trademark Israel | TM1227IL00 | |||||||
|
HERBALIFE N.R.G. .?? .?? .?? ??????? |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 67433 | Registration No. | 67433 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements of vitamins, minerals and herbs all in tablet, powder or liquid form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-06-1987 | Registration Date | 04-06-1995 | |||||
| Next Renewal | 10-06-2022 | |||||||
| Trademark Israel | TM1641IL05 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 245561 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements in tablet, capsule, or powder form, composed primarily of oils and vitamins; all included in Class 5. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 04-01-2012 | |||||||
| Next Renewal | 04-01-2022 | |||||||
| Trademark Israel | TM1066IL00 | |||||||
|
LUSCIOUS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 96354 | Registration No. | 96354 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Perfumes and colognes sold through a network of independent distributors; all included in class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-30-1994 | Registration Date | 03-08-1999 | |||||
| Next Renewal | 12-30-2015 | |||||||
311/745
| 3/4/2014 | Portfolio Report |
| Trademark Israel | TM1062IL00 | |||||||
|
NATURES MIRROR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 110433 | Registration No. | 110433 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely cleansers, moisturizers, facial creams and toners; all included in class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-16-1997 | Registration Date | 06-05-1998 | |||||
| Next Renewal | 02-16-2018 | |||||||
| Trademark Israel | TM1021IL00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 179889 | Registration No. | 179889 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, gels, lotions, washes, masks, and milks for use on the face and body; all included in class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-14-2005 | Registration Date | 07-06-2006 | |||||
| Next Renewal | 04-14-2015 | |||||||
| Trademark Israel | TM1021IL01 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 179890 | Registration No. | 179890 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Dietary and nutritional supplement for non-medicinal health purposes; all included in class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-14-2005 | Registration Date | 07-06-2006 | |||||
| Next Renewal | 04-14-2015 | |||||||
| Trademark Israel | TM1072IL00 | |||||||
|
OCEAN CURRENTS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94248 | Registration No. | 94248 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely, cleansers, moisturizers, toners, astringents, facial masks, facial and body scrubs, facial creams, eye creams, body creams, body oils, body lotions, body skin toners, bath oils and bath gels; all included in class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-18-1994 | Registration Date | 05-01-1996 | |||||
| Next Renewal | 08-18-2015 | |||||||
312/745
| 3/4/2014 | Portfolio Report |
| Trademark Israel | TM1063IL00 | |||||||
|
PINSTRIPE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94249 | Registration No. | 94249 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Powders, perfumes, colognes, toilet waters, body oils, body lotions, body creams, bath oils, soaps, deodorants, after shave creams and after shave balms, all included in class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-18-1994 | Registration Date | 12-04-1997 | |||||
| Next Renewal | 08-18-2015 | |||||||
| Trademark Israel | TM1524IL00 | |||||||
|
QUICKSPARK |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 232273 | Registration No. | 232273 | |||||
| Application Type: | Without Priority | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-23-2010 | Registration Date | 01-01-2012 | |||||
| Next Renewal | 08-23-2020 | |||||||
| Trademark Israel | TM1037IL00 | |||||||
|
RADIANT C |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 197804 | Registration No. | 197804 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely, facial creams, facial cleansers, lotions, moisturizers and toners; all included in class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-15-2007 | Registration Date | 08-06-2008 | |||||
| Next Renewal | 02-15-2017 | |||||||
| Trademark Israel | TM1036IL00 | |||||||
|
RADIANT C (stylized) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 139985 | Registration No. | 139985 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely, facial creams, facial cleansers, lotions, moisturizers and toners; all included in class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-14-2000 | Registration Date | 12-04-2001 | |||||
| Next Renewal | 07-14-2021 | |||||||
313/745
| 3/4/2014 | Portfolio Report |
| Trademark Israel | TM1038IL00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 177019 | Registration No. | 177019 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International of America, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional, dietary, and weight-loss supplements; nutritional drink mixes for use as a meal replacement, all included in Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-19-2004 | Registration Date | 01-05-2006 | |||||
| Next Renewal | 12-19-2014 | |||||||
| Trademark Israel | TM1038IL01 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 177020 | Registration No. | 177020 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International of America, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods; fruit and vegetable-based snack foods; powdered soy-based protein food beverage mixes; soy-based food beverages used as a milk substitute, all included in Class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-19-2004 | Registration Date | 01-05-2006 | |||||
| Next Renewal | 12-19-2014 | |||||||
| Trademark Israel | TM1038IL02 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 177021 | Registration No. | 177021 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International of America, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas; herbal food beverages; non-alcoholic effervescent beverages, all included in Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-19-2004 | Registration Date | 01-05-2006 | |||||
| Next Renewal | 12-19-2014 | |||||||
314/745
| 3/4/2014 | Portfolio Report |
| Trademark Israel | TM1038IL03 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 177022 | Registration No. | 177022 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International of America, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beverages containing powdered protein, amino acids, vitamins, minerals and herbs; fruit juice; vegetable juice; all included in Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-19-2004 | Registration Date | 05-07-2006 | |||||
| Next Renewal | 12-19-2014 | |||||||
| Trademark Israel | TM1038IL04 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 177023 | Registration No. | 177023 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International of America, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Planning and supervision of weight management regimen program featuring structured weight loss, weight management, diet, wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change; all included in Class 44. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-19-2004 | Registration Date | 05-07-2006 | |||||
| Next Renewal | 12-19-2014 | |||||||
| Trademark Israel | TM1070IL00 | |||||||
|
SEAWARD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 95565 | Registration No. | 95565 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Powders, perfumes, colognes, toilet waters, body oils, body lotions, soaps, deodorants and after shave balms; all included in class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-17-1994 | Registration Date | 05-01-1996 | |||||
| Next Renewal | 11-17-2015 | |||||||
| Trademark Israel | TM1040IL03 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 177011 | Registration No. | 177011 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International of America, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional, dietary, and weight-loss supplements; nutritional drink mixes for use as a meal replacement, all included in Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-19-2004 | Registration Date | 01-05-2006 | |||||
| Next Renewal | 12-19-2014 | |||||||
315/745
| 3/4/2014 | Portfolio Report |
| Trademark Israel | TM1040IL02 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 177018 | Registration No. | 177018 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International of America, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Planning and supervision of weight management regimen program featuring structured weight loss, weight management, diet, wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change; all included in Class 44. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-19-2004 | Registration Date | 05-07-2006 | |||||
| Next Renewal | 12-19-2014 | |||||||
| Trademark Israel | TM1040IL04 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 177013 | Registration No. | 177013 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International of America, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods; fruit and vegetable-based snack foods; powdered soy-based protein food beverage mixes; soy-based food beverages used as a milk substitute, all included in Class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-19-2004 | Registration Date | 01-05-2006 | |||||
| Next Renewal | 12-19-2014 | |||||||
| Trademark Israel | TM1040IL00 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 177016 | Registration No. | 177016 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International of America, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas; herbal food beverages; non-alcoholic effervescent beverages, all included in Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-19-2004 | Registration Date | 01-05-2006 | |||||
| Next Renewal | 12-19-2014 | |||||||
| Trademark Israel | TM1040IL01 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 177017 | Registration No. | 177017 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International of America, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beverages containing powdered protein, amino acids, vitamins, minerals and herbs; fruit juice; vegetable juice; all included in class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-19-2004 | Registration Date | 05-07-2006 | |||||
| Next Renewal | 12-19-2014 | |||||||
316/745
| 3/4/2014 | Portfolio Report |
| Trademark Israel | TM1007IL00 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 155855 | Registration No. | 155855 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Facial creams and moisturizers; all included in class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-13-2002 | Registration Date | 12-04-2003 | |||||
| Next Renewal | 03-13-2022 | |||||||
| Trademark Israel | TM1042IL05 | |||||||
|
THERMO COMPLETE |
||||||||
| Status: | Registered | |||||||
| Application No. | 252581 | Registration No. | 252581 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements; all included in Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-15-2013 | |||||||
| Trademark Israel | TM1025IL00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 90485 | Registration No. | 90485 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Cosmetics and body creams; all included in class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-24-1993 | Registration Date | 03-01-1996 | |||||
| Next Renewal | 12-24-2014 | |||||||
317/745
| 3/4/2014 | Portfolio Report |
| Trademark Israel | TM1025IL02 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 92124 | Registration No. | 92124 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Tea; included in class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-12-1994 | Registration Date | 03-01-1996 | |||||
| Next Renewal | 04-12-2015 | |||||||
| Trademark Israel | TM1025IL03 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 92127 | Registration No. | 92127 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beverages for non-medical use consisting of vitamins, minerals and herbs; all included ion class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-12-1994 | Registration Date | 03-01-1996 | |||||
| Next Renewal | 04-12-2015 | |||||||
| Trademark Israel | TM1110IL01 | |||||||
|
THERMOJETICS & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 90487 | Registration No. | 90487 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements consisting of herbs, all in tablet or liquid form; all included in class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-24-1993 | Registration Date | 03-01-1996 | |||||
| Next Renewal | 12-24-2014 | |||||||
| Trademark Israel | TM1110IL00 | |||||||
|
THERMOJETICS & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 90486 | Registration No. | 90486 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Cosmetics and body creams; all included in class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-24-1993 | Registration Date | 03-01-1996 | |||||
| Next Renewal | 12-24-2014 | |||||||
318/745
| 3/4/2014 | Portfolio Report |
| Trademark Israel | TM1027IL00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 99196 | Registration No. | 99196 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, namely, vitamins, minerals, herbs, fiber and protein, all in tablet, liquid, capsule or powder form; all included in class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-18-1995 | Registration Date | 01-05-1997 | |||||
| Next Renewal | 06-18-2016 | |||||||
| Trademark Israel | TM1027IL01 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 99197 | Registration No. | 99197 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Beverages, namely tea, included in class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-18-1995 | Registration Date | 10-08-1996 | |||||
| Next Renewal | 06-18-2016 | |||||||
| Trademark Israel | TM1027IL02 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 99198 | Registration No. | 99198 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beverages for non-medical use consisting of vitamins, minerals and herbs; all included in class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-18-1995 | Registration Date | 10-08-1996 | |||||
| Next Renewal | 06-18-2016 | |||||||
319/745
| 3/4/2014 | Portfolio Report |
320/745
| 3/4/2014 | Portfolio Report |
321/745
| 3/4/2014 | Portfolio Report |
| Trademark Italy | TM1001IT01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Unpublished Registration | |||||||
|
Application No. |
TO2009C002983 | Registration No. | 1305007 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-27-1989 | Registration Date | 04-01-2003 | |||||
| Next Renewal | 10-27-2019 | |||||||
| Trademark Italy | TM1001IT00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | MI2005C000240 | Registration No. | 1128682 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 01-16-1995 | Registration Date | 07-22-2008 | |||||
| Next Renewal | 01-16-2015 | |||||||
| Trademark Italy | TM1518IT00 | |||||||
|
Herbalife |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 750701 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. | |||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. | |||||||
| 32 | Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 01-13-2005 | Next Renewal | 12-13-2014 | |||||
| Trademark Italy | TM1016IT00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Unpublished Registration | |||||||
| Application No. | MI2001C004699 | Registration No. | 0001441775 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 04-27-2001 | Registration Date | 09-16-2005 | |||||
| Next Renewal | 04-27-2021 | |||||||
322/745
| 3/4/2014 | Portfolio Report |
| Trademark Italy | TM1444IT00 | |||||||
|
Hilton Pharma leaf device |
||||||||
| Status: | ||||||||
|
Application Type: |
Without Priority | |||||||
| Trademark Italy | TM1113IT00 | |||||||
| PERSONAL COACH DEL BENESSERE | ||||||||
| Status: | Unpublished Registration | |||||||
|
Application No. |
MI2007C002594 | Registration No. | 0001419217 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41, 44 | |||||||
| List of Goods | ||||||||
| 41 | Education; providing of training; entertainment; sporting and cultural activities. | |||||||
| 44 | Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-24-2010 | Registration Date | 06-24-2010 | |||||
| Next Renewal | 06-24-2020 | |||||||
| Trademark Italy | TM1113IT01 | |||||||
|
PERSONAL COACH DEL BENESSERE |
||||||||
| Status: | Registered | |||||||
|
Application No. |
MI2013C008712 | Registration No. | 1592938 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41, 44 | |||||||
| List of Goods | ||||||||
| 41 | Education; providing of training; entertainment; sporting and cultural activities. | |||||||
| 44 | Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
09-23-2013 | |||||||
| Trademark Italy | TM1025IT00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Closed/Unpublished Registration | |||||||
|
Application No. |
VR2004C000039 | Registration No. | 1126512 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | Cosmetics and body creams. | |||||||
| 30 | Tea. | |||||||
| 32 | Beverages, herbal tea; beverages for non-medical use consisting of vitamins, minerals and herbs. | |||||||
| Diary Dates: | ||||||||
| Application | 03-29-1994 | Registration Date | 07-11-2008 | |||||
| Date | ||||||||
| Next Renewal | 03-29-2014 | |||||||
323/745
| 3/4/2014 | Portfolio Report |
| Trademark Italy | TM1027IT00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Unpublished Registration | |||||||
| Application No. | TO2009C002984 | Registration No. | 1305008 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-27-1989 | Registration Date | 04-01-2003 | |||||
| Next Renewal | 10-27-2019 | |||||||
| Trademark Jamaica | TM1061JM00 | |||||||
|
BEST DEFENSE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 53195 | Registration No. | 53195 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements in tablet or powder form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-31-2008 | Registration Date | 09-24-2009 | |||||
| Next Renewal | 12-31-2018 | |||||||
| Trademark Jamaica | TM1034JM00 | |||||||
|
CELL ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 50295 | Registration No. | 50295 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements in tablet or capsule form in International Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-29-2007 | Registration Date | 02-19-2008 | |||||
| Next Renewal | 05-29-2017 | |||||||
324/745
| 3/4/2014 | Portfolio Report |
| Trademark Jamaica | TM1031JM00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 50297 | Registration No. | 50297 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements in tablet or capsule form in International Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-29-2007 | Registration Date | 02-20-2008 | |||||
| Next Renewal | 05-29-2017 | |||||||
| Trademark Jamaica | TM1054JM00 | |||||||
|
H3O |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 53751 | Registration No. | 53751 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages in International Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-24-2009 | Registration Date | 02-22-2010 | |||||
| Next Renewal | 04-24-2019 | |||||||
| Trademark Jamaica | TM1001JM01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 35727 | Registration No. | 35727 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, facial creams, body creams, shaving creams, suntan oils and suntan lotions. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-14-1994 | Registration Date | 06-09-2000 | |||||
| Next Renewal | 03-14-2015 | |||||||
| Trademark Jamaica | TM1001JM02 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 27652 | Registration No. | 27652 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, dietetic foods, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, liquid, capsule or powder form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-14-1994 | Registration Date | 01-24-1997 | |||||
| Next Renewal | 03-14-2015 | |||||||
325/745
| 3/4/2014 | Portfolio Report |
| Trademark Jamaica | TM1001JM00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 28183 | Registration No. | 28183 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Fruit juice and fruit drinks, powdered protein, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-14-1994 | Registration Date | 06-10-1997 | |||||
| Next Renewal | 03-14-2015 | |||||||
| Trademark Jamaica | TM1006JM00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 27294 | Registration No. | 27294 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, dietetic foods, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, liquid, capsule or powder form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-14-1994 | Registration Date | 10-31-1996 | |||||
| Next Renewal | 03-14-2015 | |||||||
| Trademark Jamaica | TM1006JM01 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 28184 | Registration No. | 28184 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Fruit juice and fruit drinks, powdered protein, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-14-1994 | Registration Date | 06-10-1997 | |||||
| Next Renewal | 03-14-2015 | |||||||
| Trademark Jamaica | TM1006JM02 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 27104 | Registration No. | 27104 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
|
List of Goods |
||||||||
| 03 | Hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, facial creams, body creams, shaving creams, suntan oils and suntan lotions. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-14-1994 | Registration Date | 09-02-1996 | |||||
| Next Renewal | 03-14-2015 | |||||||
326/745
| 3/4/2014 | Portfolio Report |
| Trademark Jamaica | TM1029JM00 | |||||||
|
HERBALIFE DISTRIBUTOR NUTRITION CLUB |
||||||||
| Status: | Closed | |||||||
| Application No. | 45948 | Registration No. | 45948 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Providing educational services through the exchange of news and information in the fields of health, nutrition, fitness, multi-level marketing and development of small businesses in International Class 41. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-11-2004 | Registration Date | 08-22-2005 | |||||
| Next Renewal | 11-11-2014 | |||||||
| Trademark Jamaica | TM1019JM00 | |||||||
|
HERBALIFE KIDS & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 50439 | Registration No. | 50439 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 32 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional, dietary, and weight-loss supplements; nutritional drink mixes for use as a meal replacement in International Class 5. | |||||||
| 29 | Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods; fruit- and vegetable-based snack foods; powdered soy-based protein food beverage mixes; soy-based food beverages used as a milk substitute in International Class 29. | |||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for making beverages; fruit juice; vegetable juice in International Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-22-2007 | Registration Date | 06-06-2008 | |||||
| Next Renewal | 06-22-2017 | |||||||
| Trademark Jamaica | TM1020JM00 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Closed | |||||||
| Application No. | 45947 | Registration No. | 45947 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Providing educational services through the exchange of news and information in the fields of health, nutrition, fitness, multi-level marketing and development of small businesses in International Class 41. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-11-2004 | Registration Date | 08-22-2005 | |||||
| Next Renewal | 11-11-2014 | |||||||
327/745
| 3/4/2014 | Portfolio Report |
| Trademark Jamaica | TM1016JM00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 50631 | Registration No. | 50631 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and food supplements in capsule form composed of fatty acids and vitamins in International Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-25-2007 | Registration Date | 06-24-2008 | |||||
| Next Renewal | 07-25-2017 | |||||||
| Trademark Jamaica | TM1021JM00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 46627 | Registration No. | 46627 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 30 | |||||||
| List of Goods | ||||||||
| 03 | Creams, gels, lotions, washes, masks, and milks for use on the face and body in International Class 3. | |||||||
| 30 | Dietary and nutritional supplements for the non-medicinal health purposes; dietary supplement drink mixes for use as a meal replacement in International Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-08-2005 | Registration Date | 01-20-2006 | |||||
| Next Renewal | 04-08-2015 | |||||||
| Trademark Jamaica | TM1148JM00 | |||||||
|
NUTRIVITES |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 50413 | Registration No. | 50413 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamins in International Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-19-2007 | Registration Date | 02-20-2008 | |||||
| Next Renewal | 06-19-2017 | |||||||
328/745
| 3/4/2014 | Portfolio Report |
| Trademark Jamaica | TM1037JM00 | |||||||
|
RADIANT C |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 50294 | Registration No. | 50294 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, gels, lotions, masks, milks, washes, and sprays for the face and body in International Class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-29-2007 | Registration Date | 06-18-2008 | |||||
| Next Renewal | 05-29-2017 | |||||||
| Trademark Jamaica | TM1038JM00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
| Application No. | 45810 | Registration No. | 45810 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30, 32, 44 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional, dietary, and weight-loss supplements; nutritional drink mixes for use as a meal replacement in International Class 5. | |||||||
| 29 | Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods; fruit- and vegetable-based snack foods; powdered soy-based protein food beverage mixes; soy-based food beverages used as a milk substitute in International Class 29. | |||||||
| 30 | Teas; herbal food beverages; non-alcoholic effervescent beverages in International Class 30. | |||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for making beverages; fruit juice; vegetable juice in International Class 32. | |||||||
| 44 | Weight-management regimen program featuring structured weight loss, weight management, diet, wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change in International Class 44. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-08-2004 | Registration Date | 01-13-2006 | |||||
| Next Renewal | 10-08-2014 | |||||||
| Trademark Jamaica | TM1040JM00 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Closed | |||||||
| Application No. | 45809 | Registration No. | 45809 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30, 32, 44 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional, dietary, and weight-loss supplements; nutritional drink mixes for use as a meal replacement in International Class 5. | |||||||
| 29 | Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods; fruit- and vegetable-based snack foods; powdered soy-based protein food beverage mixes; soy-based food beverages used as a milk substitute in International Class 29. | |||||||
| 30 | Teas; herbal food beverages; non-alcoholic effervescent beverages in International Class 30. | |||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for making beverages; fruit juice; vegetable juice in International Class 32. | |||||||
| 44 | Weight-management regimen program featuring structured weight loss, weight management, diet, wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change in International Class 44. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-08-2004 | Registration Date | 11-08-2005 | |||||
| Next Renewal | 10-08-2014 | |||||||
329/745
| 3/4/2014 | Portfolio Report |
330/745
| 3/4/2014 | Portfolio Report |
331/745
| 3/4/2014 | Portfolio Report |
332/745
| 3/4/2014 | Portfolio Report |
333/745
| 3/4/2014 | Portfolio Report |
|
Trademark Japan HERBALIFE & Design |
TM1006JP00 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | H09-024273 | Registration No. | 4226662 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Soaps and the like, perfumery and incenses, cosmetics, false nails, false eyelashes, dentifrices, polishing preparations, abrasive papers, abrasive cloths, abrasive sands, artificial pumices, polishing papers, polishing cloths, shoe creams and boot creams, shoe polishes/ shoe blackings, paint stripping preparations. | |||||||
| Diary Dates: | ||||||||
| Application | 03-10-1997 | Registration Date | 01-08-1999 | |||||
| Date | ||||||||
| Next Renewal | 01-08-2019 | |||||||
|
Trademark Japan HERBALIFE & Design |
TM1006JP01 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | H09-024275 | Registration No. | 4257528 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed foods consisting mainly of herbs, in the form of tablet or liquid, processed vegetables and processed fruits, mixes for curry/stew/soup, protein human consumption, milk products, meat products, processed marine products, frozen fruits, frozen vegetables, processed eggs, edible oils/fats. | |||||||
| Diary Dates: | ||||||||
| Application | 03-10-1997 | Registration Date | 04-02-1999 | |||||
| Date | ||||||||
| Next Renewal | 04-02-2019 | |||||||
|
Trademark Japan HERBALIFE & Design |
TM1006JP02 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | H09-024276 | Registration No. | 4239208 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Medicinal herb, other tea, seasonings, flour for foods, gluten for food, cereal preparations (farinaceous foods), confectionery, bread and buns, coffee and cocoa, coffee beans, spices, aromatic preparations for food (other than essential oils), sandwiches, hamburgers, pizzas, boxed lunches, hot dogs, meat pies, ravioli, instant cakes/dessert mixes, instant ice cream mixes, instant sherbet mixes, almond paste, yeast powder, baking powder. | |||||||
| Diary Dates: | ||||||||
| Application | 03-10-1997 | Registration Date | 02-12-1999 | |||||
| Date | ||||||||
| Next Renewal | 02-12-2019 | |||||||
334/745
| 3/4/2014 | Portfolio Report |
|
Trademark Japan HERBALIFE & Design |
TM1006JP03 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | H09-024277 | Registration No. | 4257529 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Soft drinks consisting of herbs, other soft drinks, fruit juice, vegetable juice, powder for instantly making beverages consisting of protein, amino acids, vitamins, mineral and herbs, whey beverages. | |||||||
| Diary Dates: | ||||||||
| Application | 03-10-1997 | Registration Date | 04-02-1999 | |||||
| Date | ||||||||
| Next Renewal | 04-02-2019 | |||||||
|
Trademark Japan HERBALIFE (stylized) |
TM1124JP00 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | H01-078142 | Registration No. | 2542703 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29, 30, 31, 32 | |||||||
| List of Goods | ||||||||
| 29 | Processed foodstuffs made from a mixture of vitamins of any kinds, food fibers, iron and protein; meat for human consumption (fresh, chilled or frozen); eggs; edible aquatic animals (not live, fresh, chilled or frozen); frozen vegetables; frozen fruits; processed meat products; processed fisheries products; processed vegetables and fruits; fried tofu pieces (Abura-age); freeze-dried tofu pieces (Kohri-dofu); jelly made from devils tongue root (Konnyaku); soybean milk (soy milk); tofu; fermented soybeans (Natto); processed eggs; curry, stew and soup mixes; dried flakes of lavar for sprinkling on rice in hot water (Ochazuke-nori); seasoned powder for sprinkling on rice (Furi-kake). | |||||||
| 30 | Unroasted coffee (unprocessed); cereal preparations; almond paste; sandwiches, hamburgers (prepared); pizzas (prepared); hot dogs (prepared); meat pies (prepared); ravioli (prepared); yeast powder, yeast; baking powder; instant confectionery mixes. | |||||||
| 31 | Edible aquatic animals (live); edible seaweeds; vegetables (fresh or chilled); copra, malt (not for food). | |||||||
| 32 | Vegetable juice (beverages). | |||||||
| Diary Dates: | ||||||||
| Application | 07-11-1989 | Registration Date | 05-31-2013 | |||||
| Date | ||||||||
| Next Renewal | 05-31-2023 | |||||||
|
Trademark Japan HERBALIFE (stylized) |
TM1124JP01 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | H10-105850 | Registration No. | 4330058 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutrients/tonics/denaturizers; other pharmaceutical preparations; dietetic foods adapted for medical purposes; processed foods for babies; medical oiled papers; sanitary masks; wafers; gauze (for dressing); capsules; ear bandages; eye patches; menstruation bandages; menstruation tampons; menstruation panties/knickers; absorbent cottons, adhesive plaster; bandages (for dressing); colloidion (yellow syrupy liquid used for fixing bandages or covering an affected part); breast-nursing pads; bracelets for medical purposes; lactose (milk sugar). | |||||||
| Diary Dates: | ||||||||
| Application | 12-11-1998 | Registration Date | 10-29-1999 | |||||
| Date | ||||||||
| Next Renewal | 10-29-2019 | |||||||
335/745
| 3/4/2014 | Portfolio Report |
|
Trademark Japan HERBALIFE ACTIVE FIBER with Katakana |
TM1133JP00 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2001-000511 | Registration No. | 4532948 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29 | |||||||
| List of Goods | ||||||||
| 05 | Dietary supplements containing fiber, other pharmaceutical preparations, dietetic beverages adapted for medical purposes, dietetic foods adapted for medical purpose, bracelets for medical purposes, powdered milk for babies, lactose (milk sugar), sanitary masks, absorbent cotton, adhesive plaster, bandages (for dressing). | |||||||
| 29 | Processed foods consisting mainly of fiber in the form of tablet, powder and liquids, processed vegetables and processed fruits, mixes for curry/stew/soup, protein for human consumption, milk products, meat products, processed marine products, frozen fruits, frozen vegetables, eggs, processed eggs, edible oils/fats. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-09-2001 | Registration Date | 12-28-2001 | |||||
| Next Renewal | 12-28-2021 | |||||||
| Trademark Japan | TM1534JP03 | |||||||
|
HERBALIFE AQUA |
||||||||
| Status: | Registered | |||||||
| Application No. | 2013-010521 | Registration No. | 5701247 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, conditioners, hair styling preparations, hair care preparations, cosmetics and toiletries, soaps and detergents. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-18-2013 | |||||||
| Trademark Japan | TM1125JP00 | |||||||
|
HERBALIFE in Katakana |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | H01-085227 | Registration No. | 2697190 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-25-1989 | Registration Date | 10-31-1994 | |||||
| Next Renewal | 10-31-2014 | |||||||
| Trademark Japan | TM1134JP00 | |||||||
|
HERBALIFE TOTAL SLIM with Katakana |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2002-103479 | Registration No. | 4696170 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements in the form of tablet/powder/liquid made of vitamin/mineral/herb; other pharmaceutical preparations; dietetic beverage adapted for medical purposes; dietetic foods adapted for medical purposes; bracelets for medical purposes; powdered milk for babies; lactose (milk sugar); sanitary masks; absorbent cottons; bandages for dressing. | |||||||
| 29 | Processed foodstuff in the form of tablet/powder/liquid made of vitamin/mineral/herb; processed vegetables and processed fruits; processed eggs; milk products; curry, stew and soup mixes; protein for human consumption. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-06-2002 | Registration Date | 08-01-2013 | |||||
| Next Renewal | 08-01-2023 | |||||||
336/745
| 3/4/2014 | Portfolio Report |
337/745
| 3/4/2014 | Portfolio Report |
338/745
| 3/4/2014 | Portfolio Report |
339/745
| 3/4/2014 | Portfolio Report |
340/745
| 3/4/2014 | Portfolio Report |
341/745
| 3/4/2014 | Portfolio Report |
342/745
| 3/4/2014 | Portfolio Report |
|
Trademark Japan THERMOJETICS with Katakana |
TM1143JP01 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | H06-079008 | Registration No. | 3365445 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application | 08-05-1994 | Registration Date | 12-12-1997 | |||||
| Date | ||||||||
| Next Renewal | 12-12-2017 | |||||||
|
Trademark Japan TRI-LEAF device |
TM1451JP00 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2010-097284 | Registration No. | 5426921 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Cosmetics and toiletries, soaps and detergents, perfulery, fragrances and incenses, dentifrices. | |||||||
| 05 | (amended) Dietetic foods and beverages adapted for medical purposes. | |||||||
| 29 | Extracts from fruits, extracts from fishery products, extracts from vegetables, beans, collagen, herbs, a range of vitamins, a range of minerals, fiber, amino acid, fungi, extracts from meat, coenzyme and soybean isoflavone, culinary fat derived products, extractss from vegetable, extracts from animals, and edible oils and fatty acids; edible oils and fats, milk products, processed meat products, processed seafood; processed vegetables and fruits; protein for human consumption. | |||||||
| 30 | Tea | |||||||
| 32 | Non-alcoholic beverages including those for energy supply; preparations formaking beverages; carbonated drinks; fruit juices; whey beverages; vegetable juices. | |||||||
| 35 | (amended) Retail and wholesale services for foods and beverages, cosmetics, toiletries, dentifrices, soaps, and detergents; advertisement and publicity, and consultancy and advisory services relating to the aforesaid services; business management analysis and business consultancy; marketing research; providing information on commodity sales; business management; procurement services for others; compilsation and systemization of information into computer databases; computerized file management. | |||||||
| Diary Dates: | ||||||||
| Application | 12-15-2010 | Registration Date | 07-22-2011 | |||||
| Date | ||||||||
| Next Renewal | 07-22-2021 | |||||||
|
Trademark Japan TRIPLE BEE with Katakana |
TM1137JP00 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | H10-104729 | Registration No. | 4386212 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30 | |||||||
| List of Goods | ||||||||
| 05 | Nutrients/tonics/denaturizers; other pharmaceutical preparations; dietetic beverages adapted for medical purposes; dietetic foods adapted for medical purposes; medical oiled papers; sanitary masks; wafers; gauze (for dressing); capsules; ear bandages; eye patches; menstruation bandages; menstruation (sanitary) napkins/pads; menstruation panties/knickers; absorbent cotton; adhesive plaster; bandages (for dressing); collodion (yellow syrupy liquid used for fixing bandages or covering an affected part); bracelets for medical purposes; powdered milk for babies; lactose (milk sugar). | |||||||
| 30 | Processed foods mainly containing bee products such as propolis, royal jelly, honey, and the like in the form of powder/liquid/tablets; seasonings; spices; coffee and cocoa; coffee beans; tea; aromatic preparations for food (other than essential oils); rice; husked barley; flour for food; gluten for food; cereal preparations (farinaceous foods); sandwiches; hamburgers; pizzas; boxed lunches; hot dogs; meat pies; ravioli; confectionery; bread and buns; instant cakes/ dessert mixes; instant ice cream mixes; instant sherbet mixes; almond paste; yeast powder; baking powder; ice; binding agents for ice cream; meat tenderizers for household purposes; preparations for stiffening whipped cream. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-08-1998 | Registration Date | 05-26-2000 | |||||
| Next Renewal | 05-26-2020 | |||||||
343/745
| 3/4/2014 | Portfolio Report |
| Trademark Japan | TM1138JP00 | |||||||
|
TRIPLE BERRY COMPLEX with Katakana |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2000-017850 | Registration No. | 4454012 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations; mineral preparations; protein/amino acid preparations; other nutrients/tonics/denaturizers; other pharmaceutical preparations; dietetic substances adapted for medical use; dietetic beverages adapted for medical purposes; bracelets for medical purposes; powdered milk for babies; lactose (milk sugar); sanitary masks; absorbent cotton; adhesive plaster; bandages (for dressing). | |||||||
| 29 | Processed foods consisting mainly of herb, fruits, vegetables, in the form of tablet or liquids; processed vegetables and processed fruits; mixes for curry/stew/soup; protein for human consumption; milk products; meat products; processed marine products; frozen fruits; frozen vegetables; eggs; processed eggs; edible oils/fats. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-28-2000 | Registration Date | 02-16-2001 | |||||
| Next Renewal | 02-16-2011 | |||||||
| Trademark Japan | TM1135JP05 | |||||||
|
TRIPLE HEALTH DRINK with Katakana |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2012-029854 | Registration No. | 5519520 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplement drinks. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-07-2012 | Next Renewal | 09-07-2022 | |||||
| Trademark Japan | TM1140JP00 | |||||||
|
XTRA-CAL with Katakana |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | S63-123225 | Registration No. | 2419766 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed foodstuffs made principally from potassium compounds mixed with minerals (iron), vitamin C and powders of herbs, etc.; meats; eggs; edible fish and crustaceans (not live); frozen vegetables, frozen fruit; meat products; processed marine products; processed vegetables and fruit; Aburaage or Aburage (fried soybean curd); Koridofu (soybean curd frozen and then dried); Konnyaku (jelly made from devils tongue root); soybean milk; tofu (soybean curd); Natto (fermented soybeans); processed eggs; mixes for curry/stew/soup; Ochazuke-nori (dried lavar for flavoring boiled rice with green tea); Furikake (seasoning granules for boiled rice); Namemono (fermented edible soybean paste, not for soup). | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-01-1988 | Registration Date | 06-30-1992 | |||||
| Next Renewal | 06-30-2022 | |||||||
344/745
| 3/4/2014 | Portfolio Report |
| Trademark Jordan | TM1001JO05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 42677 | Registration No. | 42677 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements, namely, vitamins, minerals, herbs, fiber and protein, all in tablet, liquid, capsule or powder form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-24-1996 | Registration Date | 04-13-1997 | |||||
| Next Renewal | 08-24-2023 | |||||||
| Trademark Kazakhstan | TM1031KZ00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 56190 | Registration No. | 40233 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements, including in class 05 namely vitamins and herbs for use as food supplements. | |||||||
| 30 | dietary and nutritional supplements for non-medical purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-01-2011 | Registration Date | 11-01-2011 | |||||
| Next Renewal | 11-01-2021 | |||||||
| Trademark Kazakhstan | TM1080KZ00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 9086 | Registration No. | 7145 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 16, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 16 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-10-1996 | Registration Date | 05-08-1998 | |||||
| Next Renewal | 10-10-2016 | |||||||
| Trademark Kazakhstan | TM1054KZ00 | |||||||
|
H3O PRO |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 40033 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 11-01-2011 | |||||||
| Next Renewal | 11-01-2021 | |||||||
345/745
| 3/4/2014 | Portfolio Report |
| Trademark Kazakhstan | TM1001KZ00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 9088 | Registration No. | 7147 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 16, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 16 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-10-1996 | Registration Date | 05-08-1998 | |||||
| Next Renewal | 10-10-2016 | |||||||
| Trademark Kazakhstan | TM1001KZ29 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 56193 | Registration No. | 40235 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Soup mixes; snack foods composed primarily of protein. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-01-2011 | Registration Date | 11-01-2011 | |||||
| Next Renewal | 11-01-2021 | |||||||
| Trademark Kazakhstan | TM1558KZ00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 59394 | Registration No. | 42267 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; business management; business administration; office functions; services to assist other with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-04-2012 | Registration Date | 09-04-2012 | |||||
| Next Renewal | 09-04-2022 | |||||||
346/745
| 3/4/2014 | Portfolio Report |
| Trademark Kazakhstan | TM1556KZ00 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Registered | |||||||
| Application No. | 59396 | Registration No. | 42269 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners, and sprays; hand lotions, creams, gels, and scrubs; body creams lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplement made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements; powdered protein for human consumption; protein for human consumption; protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts, all including in 29 Class; snacks containing protein, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snacks; snack foods; powder for making tea-based, cocoa-based beverages; powder for making herbal food beverages; herbal teas and herbal infusions for non-medical purposes; culinary herbs for food purposes; herb tea for food purposes. | |||||||
| 32 | Mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices and other preparations for making beverages; ready-to drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and on-alcoholic drinks. | |||||||
| 35 | Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-04-2012 | |||||||
| Trademark Kazakhstan | TM1016KZ00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 56191 | Registration No. | 40036 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements, including in class 05 namely vitamins and herbs for use as food supplements. | |||||||
| 30 | Dietary and nutritional supplements for non-medical purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-01-2011 | Registration Date | 11-01-2011 | |||||
| Next Renewal | 11-01-2021 | |||||||
| Trademark Kazakhstan | TM1049KZ32 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 56188 | Registration No. | 40035 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Effervescent tablets and powders used in making beverages, with the express exclusion of prepared drinks of any kind. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-01-2011 | Registration Date | 11-01-2011 | |||||
| Next Renewal | 11-01-2021 | |||||||
347/745
| 3/4/2014 | Portfolio Report |
348/745
| 3/4/2014 | Portfolio Report |
| Trademark Kazakhstan | TM1027KZ00 | |||||||
|
TRI-LEAF DESIGN |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 9085 | Registration No. | 7144 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 16, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 16 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-10-1996 | Registration Date | 05-08-1998 | |||||
| Next Renewal | 10-10-2016 | |||||||
| Trademark Kazakhstan | TM1557KZ00 | |||||||
|
Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 59395 | Registration No. | 42268 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; business management; business administration; office functions; services to assist other with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-04-2012 | Registration Date | 09-04-2012 | |||||
| Next Renewal | 09-04-2022 | |||||||
| Trademark Kazakhstan | TM1027KZ29 | |||||||
|
Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 56194 | Registration No. | 40236 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Soup mixes; snack foods composed primarily of protein. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-01-2011 | Registration Date | 11-01-2011 | |||||
| Next Renewal | 11-01-2021 | |||||||
349/745
| 3/4/2014 | Portfolio Report |
| Trademark Kazakhstan | TM1032KZ00 | |||||||
|
XTRA-CAL |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 56189 | Registration No. | 40754 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements included in Class 05 namely vitamins and herbs for use as food supplements. | |||||||
| 30 | Dietary and nutritional supplements for non-medical purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-01-2011 | Registration Date | 11-22-2011 | |||||
| Next Renewal | 11-22-2021 | |||||||
| Trademark Kenya | TM1594KE00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Published | |||||||
| Application No. | 76129 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplement made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snacks; snack foods; powder for making tea-based, cocoa-based beverages; powder for making herbal food beverages; herbal teas and herbal infusions; culinary herbs; herb tea for food purposes. | |||||||
| 32 | Mineral and aerated waters and other non-alcoholic drnkis, fruit drinks and fruit juices and other preparations for making beverages; ready-to drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and on-alcoholic drinks. | |||||||
| 35 | Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-14-2012 | |||||||
| Trademark Kenya | TM1596KE00 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Published | |||||||
| Application No. | 76131 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplement made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
350/745
| 3/4/2014 | Portfolio Report |
351/745
| 3/4/2014 | Portfolio Report |
352/745
| 3/4/2014 | Portfolio Report |
353/745
| 3/4/2014 | Portfolio Report |
354/745
| 3/4/2014 | Portfolio Report |
355/745
| 3/4/2014 | Portfolio Report |
356/745
| 3/4/2014 | Portfolio Report |
357/745
| 3/4/2014 | Portfolio Report |
358/745
| 3/4/2014 | Portfolio Report |
359/745
| 3/4/2014 | Portfolio Report |
360/745
| 3/4/2014 | Portfolio Report |
361/745
| 3/4/2014 | Portfolio Report |
362/745
| 3/4/2014 | Portfolio Report |
363/745
| 3/4/2014 | Portfolio Report |
364/745
| 3/4/2014 | Portfolio Report |
| Trademark Kyrgyzstan | TM1616KG00 | |||||||
| LIFTOFF | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 20120500.3 | Registration No. | 12145 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Effervescent powders and tablets for making non-alcoholic beverages, with the express exclusion of ready-made beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-14-2012 | Registration Date | 09-14-2012 | |||||
| Next Renewal | 09-14-2022 | |||||||
| Trademark Kyrgyzstan | TM1617KG00 | |||||||
| NITEWORKS | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 20120501.3 | Registration No. | 12146 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-14-2012 | Registration Date | 09-14-2012 | |||||
| Next Renewal | 09-14-2022 | |||||||
| Trademark Kyrgyzstan | TM1025KG00 | |||||||
| THERMOJETICS | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 972238.3 | Registration No. | 4650 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely, body toning cream. | |||||||
| 05 | Nutritional supplements, dietetic foods, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, powder, capsule or liquid form, herbal teas. | |||||||
| 30 | Tea. | |||||||
| 32 | Powdered protein, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-26-1997 | Registration Date | 01-29-1999 | |||||
| Next Renewal | 08-26-2017 | |||||||
365/745
| 3/4/2014 | Portfolio Report |
| Trademark Kyrgyzstan | TM1027KG00 | |||||||
| Tri-Leaf Design | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 972236.3 | Registration No. | 4887 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 16, 30, 32 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, dietetic foods, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, powder, capsule or liquid form, herbal teas. | |||||||
| 16 | Books, stationery, printed publications and printer matter. | |||||||
| 30 | Tea. | |||||||
| 32 | Powdered protein, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-26-1997 | Registration Date | 05-31-1999 | |||||
| Next Renewal | 08-26-2017 | |||||||
| Trademark Kyrgyzstan | TM1613KG00 | |||||||
| Tri-Leaf device | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 20120497.3 | Registration No. | 12142 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 29, 35 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts, all including in 29 Class; snacks containing protein, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
| 35 | Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-14-2012 | Registration Date | 09-14-2012 | |||||
| Next Renewal | 09-14-2022 | |||||||
| Trademark Kyrgyzstan | TM1618KG00 | |||||||
| XTRA-CAL | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 20120502.3 | Registration No. | 12147 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-14-2012 | Registration Date | 09-14-2012 | |||||
| Next Renewal | 09-14-2022 | |||||||
366/745
| 3/4/2014 | Portfolio Report |
| Trademark Latvia | TM1068LV00 | |||||||
| DERMAJETICS | ||||||||
| Status: | Expired | |||||||
| Application No. | M-94-1849 | Registration No. | M-36169 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely, cleansers, moisturizers, toners, astringents, facial masks, facial and body scrubs, facial creams, eye creams, body creams, body toning creams, body oils, body lotions, body skin toners, bath oils and bath gels. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-31-1994 | Registration Date | 02-20-1997 | |||||
| Next Renewal | 08-31-2014 | |||||||
| Trademark Latvia | TM1107LV00 | |||||||
| FIBERBOND | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | M-02-449 | Registration No. | M-50716 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements adapted for medical use and consisting of vitamins, minerals and herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-19-2002 | Registration Date | 02-20-2003 | |||||
| Next Renewal | 03-19-2012 | |||||||
| Trademark Latvia Appears to be duplicate | TM1531LV00 | |||||||
| Fiberbond | of above registration. | |||||||
| Status: | Registered/Granted | |||||||
| Registration No. | M50716 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements adapted for medical use and consisting of vitamins minerals and herbs. | |||||||
| Diary Dates: | ||||||||
| Registration | 02-20-2003 | Next Renewal | 03-19-2022 | |||||
| Date | ||||||||
| Trademark Latvia | TM1080LV00 | |||||||
| Figurine Design (reversed rainbowman) | ||||||||
| Status: | Expired | |||||||
| Application No. | M-94-1851 | Registration No. | M-37925 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | Hair care products, namely, shampoos, rinses and conditioners; skin care products, namely, cleansers, moisturizers, toners, astringents, facial creams, body lotions, body toning creams, shaving creams, suntan oils and suntan lotions. | |||||||
| 05 | Nutritional supplements, dietetic foods, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, liquid, capsule or powder form. | |||||||
| 30 | Herbal food beverages, especially teas. | |||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-31-1994 | Registration Date | 08-20-1997 | |||||
| Next Renewal | 08-31-2014 | |||||||
367/745
| 3/4/2014 | Portfolio Report |
368/745
| 3/4/2014 | Portfolio Report |
369/745
| 3/4/2014 | Portfolio Report |
| Trademark Lebanon | TM1347LB00 | |||||||
| HERBALIFE | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 134851 | Registration No. | 134851 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | 03 Creams, Lotions, gels, Washes, Sprays, Milks, and masks for the face and body. Soaps, Fragrances. 05 Food Supplements and Dieteyic substances composed of herbs, minerals, and vitamins. 29 Snack Foods made primarily of protein; Soup Mixes; Powdered Meal Replacement Foods composed of protein, vitamins and minerals. 30 Preparations for making herbal teas 32 Preparations for making non-alcoholic beverages. 35 Retail services, namely, selling and marketing of products through direct or network sales. | |||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 04-11-2011 | Registration Date | 04-11-2011 | |||||
| Next Renewal | 04-11-2026 | |||||||
| Trademark Lebanon | TM1351LB00 | |||||||
| HERBALIFELINE | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 134946 | Registration No. | 134946 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | 05 Food supplements for non-medicinal purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-13-2011 | Registration Date | 04-13-2011 | |||||
| Next Renewal | 04-13-2026 | |||||||
| Trademark Lebanon | TM1349LB00 | |||||||
| LIFTOFF | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 134959 | Registration No. | 134959 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | 32 Preparations for making non-alcoholic beverages | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-14-2011 | Registration Date | 04-14-2011 | |||||
| Next Renewal | 04-14-2026 | |||||||
370/745
| 3/4/2014 | Portfolio Report |
| Trademark Lebanon | TM1350LB00 | |||||||
| NITEWORKS | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 134945 | Registration No. | 134945 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | 32 Preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-13-2011 | Registration Date | 04-13-2011 | |||||
| Next Renewal | 04-13-2026 | |||||||
| Trademark Lebanon | TM1352LB00 | |||||||
| NOURIFUSION | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 134958 | Registration No. | 134958 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | 03 Creams, Lotions, Gels, Washes, Sprays, Milks, and Masks for the face and body. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-14-2011 | Registration Date | 04-14-2011 | |||||
| Next Renewal | 04-14-2026 | |||||||
| Trademark Lebanon | TM1348LB00 | |||||||
| TRI-LEAF device | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 134848 | Registration No. | 134848 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. | |||||||
| 05 | 03 Creams, lotions, gels, washes, sprays, milks & masks for the face & body; soaps, fragrances 05 food supplements and dietetic substances composed of herbs, minerals and vitamins. 29 Snack foods made primarily of protein; soup mixes; powdered meal replacement foods fomposed of protein, vitamins and minerals. 30 Preparations for making herbal teas 32 Preparations for making non-alcoholic beverages. 35 Retail services, namely selling and marketing of products thorugh direct or network sales. | |||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 04-11-2011 | Registration Date | 04-14-2011 | |||||
| Next Renewal | 04-14-2026 | |||||||
| Trademark Lebanon | TM1353LB00 | |||||||
| XTRA-CAL | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 135109 | Registration No. | 135-109 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | 05 Food supplements for non-medicinal purposes/ | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-21-2011 | Registration Date | 04-21-2011 | |||||
| Next Renewal | 04-21-2026 | |||||||
371/745
| 3/4/2014 | Portfolio Report |
372/745
| 3/4/2014 | Portfolio Report |
373/745
| 3/4/2014 | Portfolio Report |
374/745
| 3/4/2014 | Portfolio Report |
375/745
| 3/4/2014 | Portfolio Report |
376/745
| 3/4/2014 | Portfolio Report |
377/745
| 3/4/2014 | Portfolio Report |
378/745
| 3/4/2014 | Portfolio Report |
379/745
| 3/4/2014 | Portfolio Report |
380/745
| 3/4/2014 | Portfolio Report |
381/745
| 3/4/2014 | Portfolio Report |
382/745
| 3/4/2014 | Portfolio Report |
383/745
| 3/4/2014 | Portfolio Report |
384/745
| 3/4/2014 | Portfolio Report |
385/745
| 3/4/2014 | Portfolio Report |
386/745
| 3/4/2014 | Portfolio Report |
| Trademark Macau | TM1629MO03 | |||||||
|
HERBALIFE (Kang Bao Lai in Traditional Chinese Characters) |
||||||||
| Status: | Published | |||||||
| Application No. | N/079389 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Medicated skin care preparations; nutritional foods and supplements for medical purposes; vitamin and mineral supplements in liquid, tablet, powder, or capsule form for medical purposes; dietetic substances adapted for medical use; dietetic supplements for medical purpose; dietetic foods and beverages adapted for medical use; food for babies. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-30-2013 | |||||||
| Trademark Macau | TM1629MO05 | |||||||
|
HERBALIFE (Kang Bao Lai in Traditional Chinese Characters) |
||||||||
| Status: | Published | |||||||
| Application No. | N/079390 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, and tablet form made from processed oils, fats or nuts; food drink mixes; dietary food supplements, foods and drinks; preparations for use as dietetic additives for food for human consumption; preserved, dried and cooked fruits and vegetables; milk and milk products; edible oils and fats. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-30-2013 | |||||||
| Trademark Macau | TM1629MO30 | |||||||
|
HERBALIFE (Kang Bao Lai in Traditional Chinese Characters) |
||||||||
| Status: | Published | |||||||
| Application No. | N/079391 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Tea, powdered beverage mixes; dietary supplements other than for medical use; coffee, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-30-2013 | |||||||
387/745
| 3/4/2014 | Portfolio Report |
| Trademark Macau | TM1629MO32 | |||||||
|
HERBALIFE (Kang Bao Lai in Traditional Chinese Characters) |
||||||||
| Status: | Published | |||||||
|
Application No. |
N/079392 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered, concentrated or ready-to-drink non-alcoholic beverages; beverages containing added vitamins, minerals or dietary substance; mineral and aerated waters; non-alcoholic beverages and preparations; fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-30-2013 | |||||||
| Trademark Macau | TM1629MO35 | |||||||
|
HERBALIFE (Kang Bao Lai in Traditional Chinese Characters) |
||||||||
| Status: | Published | |||||||
| Application No. | N/079393 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; business management; business administration; retail and wholesale services relating to cosmetics, skin care preparations, make-up preparations, hair care preparations, hair lotions, perfumery, fragrances, deodorants for personal use, soaps, essential oils, dentifrices, medicated skin care preparations, nutritional foods and supplements for medical purposes, vitamin and mineral supplements in liquid, tablet, powder, or capsule form for medical purposes, dietetic substances adapted for medical use, dietetic supplements for medical purpose, dietetic foods and beverage adapted for medical use, food for babies, tablet boxes, mixing implements, containers for powdered or loose food items, stirring instruments, mugs, drinking glasses and drinking containers, household or kitchen utensils and containers, combs and sponges, brushes (except paint brushes), unworked or semi-worked glass (except glass used in building), glassware, porcelain and earthenware, foods and snacks made from processed oils, fats or nuts, dietary food supplements in powder, capsule or tablet form made from processed oils, fats, or nuts, food drink mixes, dietary food supplements, foods, and drinks; preparations for use as dietetic additives for food for human consumption, meat, fish, poultry and game, meat extracts, preserved dried or cooked fruits and vegetables, milk and milk products, edible oils and fats, tea, powdered beverage mixes, dietary supplements other than for medical use, coffee, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals, bread, pastry and confectionary, powdered concentrated or ready-to-drink non-alcoholic beverages, beverages containing added vitamins, minerals or dietary substance, mineral and aerated waters, non-alcoholic beverages and preparations, fruit drinks and fruit juices, syrups and other preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-30-2013 | |||||||
| Trademark Macau | TM1629MO41 | |||||||
|
HERBALIFE (Kang Bao Lai in Traditional Chinese Characters) |
||||||||
| Status: | Published | |||||||
| Application No. | N/079394 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Education; providing of training; entertainment; educational and training programs related to weight management and human health and fitness; educational and training programs related to multi-level marketing and development of small businesses; educational and training programs related to dietitian and nutrition services; personnel training in relation to lay out and operation of the business; provision of information, advisory and consultancy services relating to all of the aforesaid services | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-30-2013 | |||||||
| Trademark Macau | TM1629MO44 | |||||||
|
HERBALIFE (Kang Bao Lai in Traditional Chinese Characters) |
||||||||
| Status: | Published | |||||||
| Application No. | N/079395 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Hygienic and beauty care for human beings; beauty consultation; nutrition consultation; cosmetic treatments; services of beauty shops; hairdressing salons; beauty parlors; massage services; facial treatment services; body slimming; body massage; advisory and consultancy services relating to all of the aforesaid services. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-30-2013 | |||||||
388/745
| 3/4/2014 | Portfolio Report |
389/745
| 3/4/2014 | Portfolio Report |
390/745
| 3/4/2014 | Portfolio Report |
391/745
| 3/4/2014 | Portfolio Report |
392/745
| 3/4/2014 | Portfolio Report |
393/745
| 3/4/2014 | Portfolio Report |
394/745
| 3/4/2014 | Portfolio Report |
395/745
| 3/4/2014 | Portfolio Report |
396/745
| 3/4/2014 | Portfolio Report |
397/745
| 3/4/2014 | Portfolio Report |
398/745
| 3/4/2014 | Portfolio Report |
399/745
| 3/4/2014 | Portfolio Report |
400/745
| 3/4/2014 | Portfolio Report |
401/745
| 3/4/2014 | Portfolio Report |
402/745
| 3/4/2014 | Portfolio Report |
403/745
| 3/4/2014 | Portfolio Report |
| Trademark Malaysia | TM1001MY1601 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94/08610 | Registration No. | 94008610 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | Printed publications namely periodic informational magazines and brochures in the field of health and well-being; stationery, pens, pencils and desk sets; all included in Class 16. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-21-1994 | Registration Date | 01-17-2005 | |||||
| Next Renewal | 09-21-2021 | |||||||
| Trademark Malaysia | TM1001MY30 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 6003996 | Registration No. | 6003996 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Tea, tea extracts, tea with fruit flavor, tea with aromatic flavors, instant tea; beverages, herbal teas, fruit teas, aromatic teas, instant teas; herbal food beverages (other than for medical use); all included in Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-15-2006 | Registration Date | 11-25-2008 | |||||
| Next Renewal | 03-15-2016 | |||||||
| Trademark Malaysia | TM1001MY32 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 6003997 | Registration No. | 6003997 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic drinks and beverages and preparations for making such drinks and beverages containing powdered protein; powdered protein, amino acids, vitamins, minerals and herbs for making beverages; fruit beverages; fruit juice; vegetable juice; all included in Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-15-2006 | Registration Date | 05-25-2009 | |||||
| Next Renewal | 03-15-2016 | |||||||
| Trademark Malaysia | TM1001MY44 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 6003998 | Registration No. | 6003998 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Weight-management program featuring structured weight loss, weight management, diet, wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change; all included in Class 44. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-15-2006 | Registration Date | 10-30-2007 | |||||
| Next Renewal | 03-15-2016 | |||||||
404/745
| 3/4/2014 | Portfolio Report |
405/745
| 3/4/2014 | Portfolio Report |
| Trademark Malaysia | TM1021MY03 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 7010668 | Registration No. | 7010668 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair care products, shampoos, rinses, conditioners, and hair lotions; hair spray; skin care products, cleansers, moisturizers, toners, astringents, masks, cosmetic creams, facial creams, hand and body creams, lotions for cosmetic purposes, hand and body lotions, suntan oils and suntan lotions; cosmetic milks; personal hygiene products, powders, anti-perspirants, deodorants, soaps, gels for cosmetic purposes, bath gel, shower gel, shaving creams, and shaving gel; perfumes, toiletries, colognes, fragrant preparations; sprays for cosmetic purpose, facial sprays, body sprays; facial masks, facial and body scrubs, eye creams and gel, body toning creams, body oils, body skin toners, bath oils; all included in Class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-05-2007 | Registration Date | 04-30-2009 | |||||
| Next Renewal | 06-05-2017 | |||||||
| Trademark Malaysia | TM1477MY00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Published | |||||||
| Application No. | 07010668 | |||||||
| Application Type: | Without Priority | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair care products, shampoos, rinses, conditioners, and hair lotions; hair spray; skin care products, cleansers, moisturizerx, toners, astringents, masks, cosmetic creams, hand and body creams, lotions for cosmetic purposes, hand and body lotions, suntan oils and suntan lotions; cosmetic milks; personal hygiene products, powders, anti-perspirants, deodorants, soaps, gels for cosmetic purposes, bath gel, shaving creams, and shaving gel; perfumes, toiletries, colognes, fragrant preparations; sprays for cosmetic purpose, facial sprays; facial masks, facial and body scrubs, eye creams and gel, body toning creams, body oils. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-05-2007 | |||||||
| Trademark Malaysia | TM1038MY05 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 4020386 | Registration No. | 4020386 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional, dietary, and weight-loss supplements; nutritional drink mixes for as as a meal replacement; all included in Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-24-2004 | Registration Date | 02-13-2007 | |||||
| Next Renewal | 12-24-2014 | |||||||
| Trademark Malaysia | TM1038MY29 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 4020387 | Registration No. | 4020387 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods; fruit- and vegetable-based snack foods; powdered soy-based protein food beverage mixes; soy-based food beverages used as a milk substitute; all included in Class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-24-2004 | Registration Date | 12-24-2004 | |||||
| Next Renewal | 12-24-2014 | |||||||
406/745
| 3/4/2014 | Portfolio Report |
| Trademark Malaysia | TM1038MY30 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 4020388 | Registration No. | 4020388 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas; herbal beverages (other than medical use); all included in Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-24-2004 | Registration Date | 12-24-2004 | |||||
| Next Renewal | 12-24-2014 | |||||||
| Trademark Malaysia | TM1038MY32 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 4020389 | Registration No. | 4020389 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for making beverages; fruit juice; vegetable juice; all included in Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-24-2004 | Registration Date | 06-07-2007 | |||||
| Next Renewal | 12-24-2014 | |||||||
| Trademark Malaysia | TM1038MY44 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed | |||||||
| Application No. | 4020390 | Registration No. | 4020390 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Weight-management regimen program featuring structured weight loss, weight management, diet, wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change; all included in Class 44. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-24-2004 | Registration Date | 12-24-2004 | |||||
| Next Renewal | 12-24-2014 | |||||||
407/745
| 3/4/2014 | Portfolio Report |
|
Trademark Malaysia |
TM1040MY05 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 4020381 | Registration No. | 4020381 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional, dietary, and weight-loss supplements; nutritional drink mixes for use as a meal replacement; all included in Class 05. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-24-2004 | Registration Date | 12-24-2004 | |||||
| Next Renewal | 12-24-2014 | |||||||
| Trademark Malaysia | TM1040MY44 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Closed | |||||||
| Application No. | 4020385 | Registration No. | 4020385 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Weight-management regimen program featuring structured weight loss, weight management, diet, wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change; all included in Class 44. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-24-2004 | Registration Date | 06-06-2006 | |||||
| Next Renewal | 12-24-2014 | |||||||
| Trademark Malaysia | TM1040MY30 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 4020383 | Registration No. | 4020383 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas; herbal beverages other than for medical use; all included in Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-24-2004 | Registration Date | 03-01-2008 | |||||
| Next Renewal | 12-24-2014 | |||||||
| Trademark Malaysia | TM1040MY32 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Pending | |||||||
| Application No. | 2004/20384 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application | 12-24-2004 | |||||||
| Date | ||||||||
408/745
| 3/4/2014 | Portfolio Report |
| Trademark Malaysia | TM1040MY29 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 4020382 | Registration No. | 4020382 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods; fruit- and vegetable-based snack foods; powdered soy-based protein food beverage mixes; soy-based food beverages used as a milk substitute; all included in Class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-24-2004 | Registration Date | 02-10-2007 | |||||
| Next Renewal | 12-24-2014 | |||||||
| Trademark Malaysia | TM1025MY30 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94/06267 | Registration No. | 94006267 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Tea, tea extracts, tea with fruit flavor, tea with aromatic flavors, instant tea; all included in Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-21-1994 | Registration Date | 11-05-2001 | |||||
| Next Renewal | 07-21-2011 | |||||||
| Trademark Malaysia | TM1025MY32 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94/06268 | Registration No. | 94006268 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic drinks and beverages and preparations for making such drinks and beverages containing powdered protein, amino acids and/or herbs; all included in Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-21-1994 | Registration Date | 07-22-2004 | |||||
| Next Renewal | 07-21-2011 | |||||||
409/745
| 3/4/2014 | Portfolio Report |
| Trademark Malaysia | TM1025MY03 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Closed | |||||||
| Application No. | 94/06265 | Registration No. | 94006265 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Non-medicated toilet preparations; hair care products, namely shampoos, rinses, conditioners and hair lotions; skin care products, cleansers, moisturizers, toners, astringent, masks, facial creams, body creams, hand and body lotions, suntan oils and suntan lotions; cosmetics, color cosmetics and make-up preparations, all for inclusion in kits, lipstick, lip gloss, lip liners, make-up cream, eyeshadows, eyetoners, eye liner, eye pencils, mascara, foundation cream and blushes, compacts containing face powder, personal hygiene products, powders, anti-perspirants, deodorants, soaps, bath gel, shower gel, shaving creams, and shaving gel; perfumes, toiletries, colognes, fragrant preparations; body sprays and body lotions; all included in Class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-21-1994 | Registration Date | 09-16-1996 | |||||
| Next Renewal | 07-21-2011 | |||||||
| Trademark Malaysia | TM1025MY05 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94/06266 | Registration No. | 94006266 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, vitamins and minerals; dietetic foods containing vitamins, minerals, herbs, fiber and/or protein, all in tablet, powder, capsule or liquid form; foodstuffs for infants and invalids; beverages and food substances adapted for nutritional and dietary purposes; herbal teas; all included in Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-21-1994 | Registration Date | 02-15-2005 | |||||
| Next Renewal | 07-21-2011 | |||||||
| Trademark Malaysia | TM1479MY00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94/06266 | |||||||
| Application Type: | Without Priority | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, vitamins and minerals; dietetic foods containing vitamins and minerals, herbs, fiber, and/or protein, all in tablet, powder, capsule or liquid form; foodstuffs for infants and invalids; beverages and food substances adapted for nutritional and dietary purposes; herbal teas; all included in class 05. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-27-2004 | Registration Date | 07-21-1994 | |||||
| Trademark Malaysia | TM1334MY00 | |||||||
|
TOTAL CONTROL |
||||||||
| Status: | Pending | |||||||
| Application No. | 2011006507 | |||||||
| Application Type: | Without Priority | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Composition of botanical extracts as a traditional medicina. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-08-2011 | |||||||
410/745
| 3/4/2014 | Portfolio Report |
| Trademark Malaysia | TM1027MY03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94006269 | Registration No. | 94006269 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Non-medicated toilet preparations; hair care products, namely shampoos, rinses, conditioners and hair lotions; skin care products, cleansers, moisturizers, toners, astringent, masks, facial creams, body creams, hand and body lotions, suntan oils and suntan lotions; cosmetics, color cosmetics and make-up preparations, all for inclusion in kits, lipstick, lip gloss, lip liners, make-up cream, eyeshadows, eyetoners, eye liner, eye pencils, mascara, foundation cream and blushes, compacts containing face powder, personal hygiene products, powders, anti-perspirants, deodorants, soaps, bath gel, shower gel, shaving creams, and shaving gel; perfumes, toiletries, colognes, fragrant preparations; body sprays and body lotions; all included in Class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-21-1994 | Registration Date | 06-17-2008 | |||||
| Next Renewal | 07-21-2011 | |||||||
| Trademark Malaysia | TM1027MY0301 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 6003999 | Registration No. | 6003999 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair care products, shampoos, rinses, conditioners, and hair lotions; hair spray; skin care products, cleansers, moisturizers, toners, astringents, masks, facial creams, hand and body creams, hand and body lotions, suntan oils and suntan lotions; personal hygiene products, powders, anti-perspirants, deodorants, soaps, bath gel, shower gel, shaving creams, and shaving gel; perfumes, toiletries, colognes, fragrant preparations; body sprays; facial masks, facial and body scrubs, eye creams and gel, body toning creams, body oils, body skin toners, bath oils; all included in Class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-15-2006 | Registration Date | 03-15-2006 | |||||
| Next Renewal | 03-15-2016 | |||||||
| Trademark Malaysia | TM1027MY05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94006270 | Registration No. | 94006270 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, vitamins and minerals; dietetic foods containing vitamins, minerals, herbs, fiber and/or protein, all in tablet, powder, capsule or liquid form; foodstuffs for infants and invalids; beverages and food substances; all included in Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-21-1994 | Registration Date | 01-24-2005 | |||||
| Next Renewal | 07-21-2021 | |||||||
411/745
| 3/4/2014 | Portfolio Report |
| Trademark Malaysia | TM1027MY32 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94/06273 | Registration No. | 94006273 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic drinks and beverages and preparations for making such drinks and beverages containing powdered protein, amino acids and/or herbs; all included in Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-21-1994 | Registration Date | 08-15-1997 | |||||
| Next Renewal | 07-21-2021 | |||||||
| Trademark Malaysia | TM1027MY3201 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 6004004 | Registration No. | 6004004 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic drinks and beverages and preparations for making such drinks and beverages containing powdered protein; powdered protein, amino acids, vitamins, minerals and herbs for making beverages; fruit beverages; fruit juice; vegetable juice; all included in Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-15-2006 | Registration Date | 03-15-2006 | |||||
| Next Renewal | 03-15-2016 | |||||||
| Trademark Malaysia | TM1027MY0501 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 6004000 | Registration No. | 6004000 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, vitamins and minerals; dietetic foods containing vitamins, minerals, herbs, fiber and/or protein, all in tablet, powder, capsule or liquid form; foodstuffs for infants and invalids; beverages and food substances adapted for nutritional and dietary purposes; herbal teas; medicinal teas; nutritional herbs; nutritional, dietary and weight-loss supplements; nutritional drink mixes for use as a meal replacement; all included in Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-15-2006 | Registration Date | 05-22-2009 | |||||
| Next Renewal | 03-15-2016 | |||||||
| Trademark Malaysia | TM1027MY16 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94006271 | Registration No. | 94006271 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | Paper and paper articles; cardboard and cardboard articles; printed publications and printed matter; books; magazines; brochures, pamphlets, posters; photographs; stationery; advertising, promotional , instructional and teaching materials; plastic materials for packaging; all included in Class 16. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-21-1994 | Registration Date | 07-21-1994 | |||||
| Next Renewal | 07-21-2011 | |||||||
412/745
| 3/4/2014 | Portfolio Report |
| Trademark Malaysia | TM1027MY29 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 6004002 | Registration No. | 06004002 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Protein preparations, food supplements, soups; processed nuts; soups; soup mixes; protein based snack foods; soy-based snack foods; fruit-and vegetable-based snack foods; powdered soy-based protein food beverage mixes; all included in class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-15-2006 | Registration Date | 03-15-2006 | |||||
| Next Renewal | 03-15-2016 | |||||||
| Trademark Malaysia | TM1027MY44 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 6004005 | Registration No. | 6004005 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Weight-management program featuring structured weight loss, weight management, diet, wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change; all included in Class 44. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-15-2006 | Registration Date | 03-15-2006 | |||||
| Next Renewal | 03-15-2016 | |||||||
| Trademark Malaysia | TM1027MY1601 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 6004001 | Registration No. | 6004001 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | Paper and paper articles; cardboard and cardboard articles; printed publications and printed matter; books; magazines; brochures, pamphlets, posters; photographs; stationery; advertising, promotional , instructional and teaching materials; plastic materials for packaging; all included in Class 16. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-15-2006 | Registration Date | 08-30-2007 | |||||
| Next Renewal | 03-15-2016 | |||||||
413/745
| 3/4/2014 | Portfolio Report |
| Trademark Malaysia | TM1027MY30 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94006272 | Registration No. | 94006272 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Beverages, tea, tea extracts, herbal teas, fruit teas, aromatic teas, instant teas; all included in Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-21-1994 | Registration Date | 07-21-1994 | |||||
| Next Renewal | 07-21-2011 | |||||||
| Trademark Malaysia | TM1027MY3001 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 6004003 | Registration No. | 6004003 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Tea, tea extracts, tea with fruit flavor, tea with aromatic flavors, instant tea; beverages, herbal teas, fruit teas, aromatic teas, instant teas; herbal food beverages; all included in Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-15-2006 | Registration Date | 03-15-2006 | |||||
| Next Renewal | 03-15-2016 | |||||||
| Trademark Mexico | TM1031MX05 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 287944 | Registration No. | 545080 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, dietetic foods, consisting of vitamins, minerals, herbs and protein. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-25-1997 | Registration Date | 03-26-1997 | |||||
| Next Renewal | 02-25-2017 | |||||||
| Trademark Mexico | TM1158MX05 | |||||||
|
COMPLEJO ACE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 805853 | Registration No. | 955139 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-11-2006 | Registration Date | 09-26-2006 | |||||
| Next Renewal | 09-11-2016 | |||||||
414/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1159MX05 | |||||||
|
DAILYVITES |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 863660 | Registration No. | 1004527 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamins. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-22-2007 | Registration Date | 09-27-2007 | |||||
| Next Renewal | 06-22-2017 | |||||||
| Trademark Mexico | TM1054MX32 | |||||||
|
H3O |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 841131 | Registration No. | 979625 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-08-2007 | Registration Date | 04-11-2007 | |||||
| Next Renewal | 03-08-2017 | |||||||
| Trademark Mexico | TM1001MX08 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640109 | Registration No. | 849389 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 08 | |||||||
| List of Goods | ||||||||
| 08 | Hand tools and implements (hand-operated); cutlery; side arms; razors, including personal care kits that include nail clippers, nail files, scissors and tweezers. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 08-25-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
415/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1001MX03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640110 | Registration No. | 827254 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching, preparations and other substances for laundry use; abrasive preparations for cleaning, polishing, and scouring; soaps; perfumery, essential oils, hair lotions; dentifrices, including shampoos, conditioners, sprays for hair styling, gels and ointments; creams, lotions, gels, milks, masks, scrubs, toners and sprays for the face; lotions, creams, gels and cleansers for the hand; creams, lotions, cleansers, gels, sprays and scrubs for the body; shaving toiletries for men; fragrances; abrasive or scrubbing cloths; hair and body treatments; cosmetics, articles for skin care. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 03-29-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
| Trademark Mexico | TM1001MX41 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640094 | Registration No. | 825291 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Education; providing of training; entertainment; sporting and cultural activities, including educational entertainment programs related to weight control and health and human physical condition, education and entertainment programs related to multi-level marketing and small business development. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 03-17-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
| Trademark Mexico | TM1001MX42 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640093 | Registration No. | 825290 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 42 | |||||||
| List of Goods | ||||||||
| 42 | Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services including internet services and electronic data management related to weight control, human health and fitness, multi-level marketing, and small business development. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 03-17-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
| Trademark Mexico | TM1001MX25 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640102 | Registration No. | 822087 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 25 | |||||||
| List of Goods | ||||||||
| 25 | Clothing, footwear, headgear. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 02-25-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
416/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1001MX28 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640101 | Registration No. | 841739 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 28 | |||||||
| List of Goods | ||||||||
| 28 | Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees, including stuffed bears. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 07-15-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
| Trademark Mexico | TM1001MX16 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640105 | Registration No. | 821862 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | Paper, cardboard and goods made from these materials, not included in other classes; printed matter; book binding material; photographs; stationery; adhesives for stationery or household purposes; artists materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers type; printing blocks, including product catalogs, brochures, and flyers; books and publications about human health and fitness, weight management, dietary and food supplements, business opportunities, marketing plans, and personal achievements; writing instruments, stationery. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 02-24-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
| Trademark Mexico | TM1001MX18 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640104 | Registration No. | 821861 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 18 | |||||||
| List of Goods | ||||||||
| 18 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 02-24-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
417/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1001MX21 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640103 | Registration No. | 849963 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 21 | |||||||
| List of Goods | ||||||||
| 21 | Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes, including boxes for tablets, missing implements, containers for food powder, stirring instruments, jars, drinking glasses and beverage containers. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 09-14-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
| Trademark Mexico | TM1001MX32 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640097 | Registration No. | 825293 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices; syrups and other preparations for making beverages, including ready-to drink, concentrated, or powdered non-alcoholic drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 03-17-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
| Trademark Mexico | TM1001MX35 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640096 | Registration No. | 825292 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 03-17-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
| Trademark Mexico | TM1001MX14 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640106 | Registration No. | 864154 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 14 | |||||||
| List of Goods | ||||||||
| 14 | Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments, including ties, pins, earrings, all of base or precious metals; travel clocks, dumbbells; gift items based of metals; gift items. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 12-16-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
418/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1001MX29 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640100 | Registration No. | 910353 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats, including meals and snacks made from oils, fats and processed nuts; dietetic food additives in powder, capsule and tablet form made of oils, fats and processed nuts; food powders for drinking, food additives included in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 11-28-2005 | |||||
| Next Renewal | 02-02-2014 | |||||||
| Trademark Mexico | TM1001MX30 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640099 | Registration No. | 825295 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 03-17-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
| Trademark Mexico | TM1001MX31 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640098 | Registration No. | 825294 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 31 | |||||||
| List of Goods | ||||||||
| 31 | Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt, including food and snacks containing herbs, seaweed, fungi, bark, plants and flowers, seeds, roots and bulbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 03-17-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
419/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1001MX10 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640107 | Registration No. | 821864 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 10 | |||||||
| List of Goods | ||||||||
| 10 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 02-24-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
| Trademark Mexico | TM1001MX09 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640108 | Registration No. | 821865 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 09 | |||||||
| List of Goods | ||||||||
| 09 | Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity,; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus, including audio and video tapes and discs and phonograph records; personal identification and business account cards. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 02-24-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
| Trademark Mexico | TM1001MX05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 640111 | Registration No. | 827255 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical and veterinary preparations; sanitary preparations for medical use; dietetic substances for medical use; food for babies; plaster for medical use, materials for cures (dressings and bandages); material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides, including food and nutritional supplements; vitamin and mineral supplements in tablet, powder or capsule form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-02-2004 | Registration Date | 03-29-2004 | |||||
| Next Renewal | 02-02-2014 | |||||||
| Trademark Mexico | TM1006MX16 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 66318 | Registration No. | 371310 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | Printing and publications. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-06-1989 | Registration Date | 12-28-1989 | |||||
| Next Renewal | 07-06-2014 | |||||||
420/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1452MX00 | |||||||
|
HERBALIFE and 24 graphic |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1200920 | Registration No. | 1311311 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-05-2011 | Next Renewal | 03-15-2022 | |||||
| Trademark Mexico | TM1453MX00 | |||||||
|
HERBALIFE and 24 graphic |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1200919 | Registration No. | 1311310 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | food supplements composed primarily of proteins, vitamins, and minerals. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-05-2011 | Next Renewal | 03-15-2022 | |||||
| Trademark Mexico | TM1634MX32 | |||||||
|
HERBALIFE and 24 graphic |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 1375659 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 03-20-2013 | Next Renewal | 03-20-2023 | |||||
421/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1634MX05 | |||||||
|
HERBALIFE and 24 graphic |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 1375660 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements consisting of proteins, vitamins and minerals. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 03-20-2013 | Next Renewal | 03-20-2023 | |||||
| Trademark Mexico | TM1018MX05 | |||||||
|
HERBALIFE KIDS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 908407 | Registration No. | 1043573 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamins. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-21-2008 | Registration Date | 05-30-2008 | |||||
| Next Renewal | 01-21-2018 | |||||||
| Trademark Mexico | TM1018MX29 | |||||||
|
HERBALIFE KIDS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 908408 | Registration No. | 1049776 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Protein snacks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-21-2008 | Registration Date | 07-16-2008 | |||||
| Next Renewal | 01-21-2018 | |||||||
| Trademark Mexico | TM1018MX32 | |||||||
|
HERBALIFE KIDS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 908409 | Registration No. | 1043574 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-21-2008 | Registration Date | 05-30-2008 | |||||
| Next Renewal | 01-21-2018 | |||||||
422/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1019MX05 | |||||||
|
HERBALIFE KIDS & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 908410 | Registration No. | 1042912 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamins. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-21-2008 | Registration Date | 05-29-2008 | |||||
| Next Renewal | 01-21-2018 | |||||||
| Trademark Mexico | TM1019MX32 | |||||||
|
HERBALIFE KIDS & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 908412 | Registration No. | 1042913 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-21-2008 | Registration Date | 05-29-2008 | |||||
| Next Renewal | 01-21-2018 | |||||||
| Trademark Mexico | TM1019MX29 | |||||||
|
HERBALIFE KIDS & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 908411 | Registration No. | 1059305 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Protein snacks, these being, snacks food covered in this class whose main ingredient is the protein. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-21-2008 | Registration Date | 08-29-2008 | |||||
| Next Renewal | 01-21-2018 | |||||||
423/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1156MX02 | |||||||
|
HERBALIFE KINDERMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 371196 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 02, 05, 29, 30, 31, 32 | |||||||
| List of Goods | ||||||||
| 02 | Food coloring. | |||||||
| 05 | Dietetic foods, special foods for children, sick and convalescent, enriched with vitamins and babies food. | |||||||
| 29 | Meat, fish, birds and hunting meat extracts, marmalades; eggs, milk, milk products, edible fats salad dressings; preserves. | |||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flours, cereal preparations, bread, pastry, confectionery, ice creams, honey, molasses syrup, yeast, baking-powder; salt, mustard; vinegar, spices and dressings (except for salads). | |||||||
| 31 | Agricultural, horticultural products edible grains, fresh fruits and vegetables and malt. | |||||||
| 32 | Fruit juices and powders to prepare drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-06-1989 | Registration Date | 12-27-1989 | |||||
| Next Renewal | 07-06-2014 | |||||||
| Trademark Mexico | TM1156MX01 | |||||||
|
HERBALIFE KINDERMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 3368513 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 01, 03, 05 | |||||||
| List of Goods | ||||||||
| 01 | Dioxide of hydrogen, hydrogen peroxide and saccharine. | |||||||
| 03 | Medicated soaps and shampoos and dentrifices. | |||||||
| 05 | Pharmaceutical, veterinary and sanitary products for medical use (except dioxide, saccharine, medicated soaps and shampoos and dentrifices). | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-06-1989 | Registration Date | 10-17-1989 | |||||
| Next Renewal | 07-06-2014 | |||||||
| Trademark Mexico | TM1157MX02 | |||||||
|
HERBALIFE N.R.G. & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 371197 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 02, 05, 29, 30, 31, 32 | |||||||
| List of Goods | ||||||||
| 02 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 31 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-06-1989 | Registration Date | 12-27-1989 | |||||
| Next Renewal | 07-06-2014 | |||||||
424/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1157MX01 | |||||||
|
HERBALIFE N.R.G. & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 380941 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 01, 03, 05 | |||||||
| List of Goods | ||||||||
| 01 | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-06-1989 | Registration Date | 08-13-1990 | |||||
| Next Renewal | 07-06-2014 | |||||||
| Trademark Mexico | TM1016MX05 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 503081 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements made of vitamins, minerals, herbs, and proteins. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-28-1995 | Registration Date | 08-31-1995 | |||||
| Next Renewal | 07-28-2015 | |||||||
| Trademark Mexico | TM1128MX0501 | |||||||
|
JUNIORVITES |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1058182 | Registration No. | 1199769 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamins. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-07-2010 | Registration Date | 01-07-2010 | |||||
| Next Renewal | 01-07-2020 | |||||||
| Trademark Mexico | TM1096MX32 | |||||||
|
KICKOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 867889 | Registration No. | 998824 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-12-2007 | Registration Date | 08-20-2007 | |||||
| Next Renewal | 07-12-2017 | |||||||
425/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1064MX05 | |||||||
|
KINDERMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 545079 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, dietetic foods, consisting of vitamins, minerals, herbs and protein. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-25-1997 | Registration Date | 03-26-1997 | |||||
| Next Renewal | 02-25-2017 | |||||||
| Trademark Mexico | TM1021MX03 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 676757 | Registration No. | 853065 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely, lotions, creams, gels, face masks, milks and cleaners for use on the face and body. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-13-2004 | Registration Date | 09-24-2004 | |||||
| Next Renewal | 09-13-2014 | |||||||
| Trademark Mexico | TM1021MX30 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 707335 | Registration No. | 909941 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-15-2005 | Registration Date | 11-24-2005 | |||||
| Next Renewal | 03-15-2015 | |||||||
| Trademark Mexico | TM1162MX05 | |||||||
|
PHYTOLIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 804636 | Registration No. | 953981 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-05-2006 | Registration Date | 09-21-2006 | |||||
| Next Renewal | 09-05-2016 | |||||||
426/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1203MX05 | |||||||
|
PROLESSA |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1067398 | Registration No. | 1146229 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements in powder form for dietetic use consisting mainly of lipids and fatty acids specifically for use in weight control regimens. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-15-2010 | Registration Date | 02-15-2010 | |||||
| Next Renewal | 02-15-2020 | |||||||
| Trademark Mexico | TM1037MX03 | |||||||
|
RADIANT C |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 611175 | Registration No. | 804005 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching, preparations and other substances for laundry use; abrasive preparations for cleaning, polishing, and scouring; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-22-2003 | Registration Date | 08-13-2003 | |||||
| Next Renewal | 07-22-2023 | |||||||
| Trademark Mexico | TM1036MX03 | |||||||
|
RADIANT C (stylized) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 521974 | Registration No. | 776698 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Products for skin care, especially facial creams, facial cleansers, lotions and toners. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-06-2001 | Registration Date | 01-31-2003 | |||||
| Next Renewal | 12-06-2021 | |||||||
427/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1654MX05 | |||||||
|
ROSEGUARD |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 1387450 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary supplements in tablet or capsule form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 04-12-2013 | Next Renewal | 04-23-2023 | |||||
| Trademark Mexico | TM1039MX44 | |||||||
|
SHAPESCAN |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 720224 | Registration No. | 892025 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 05-30-2005 | Registration Date | 07-26-2005 | |||||
| Next Renewal | 05-30-2015 | |||||||
| Trademark Mexico | TM1007MX03 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Closed | |||||||
| Application No. | 657004 | Registration No. | 1047518 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Face creams; eye creams; and body lotions. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-19-2004 | Registration Date | 06-30-2008 | |||||
| Next Renewal | 05-19-2014 | |||||||
| Trademark Mexico | TM1089MX03 | |||||||
|
SOFT GREEN |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1004191 | Registration No. | 1133339 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Soaps, body and face lotions, body and face gels, bath oils for the bath and shower, deodorants for personal use. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-30-2009 | Registration Date | 11-30-2009 | |||||
| Next Renewal | 04-30-2019 | |||||||
428/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1024MX05 | |||||||
|
THERMO-BOND |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 471022 | Registration No. | 696533 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietetic food supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-14-2001 | Registration Date | 02-14-2011 | |||||
| Next Renewal | 02-14-2021 | |||||||
| Trademark Mexico | TM1025MX05 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 421946 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-10-1992 | Registration Date | 09-14-1992 | |||||
| Next Renewal | 06-10-2022 | |||||||
| Trademark Mexico | TM1027MX03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 491308 | Registration No. | 719640 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, specifically; cleansers, moisturizers, toners, facial masks, facial and body cleansers, facial creams, eye creams, body lotions, body toning creams, body oils, body lotions, oils and gels for bath, shampoo and hair conditioner. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-18-2001 | Registration Date | 06-18-2011 | |||||
| Next Renewal | 06-18-2021 | |||||||
| Trademark Mexico | TM1027MX32 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 491312 | Registration No. | 715411 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic fruit beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-18-2001 | Registration Date | 06-18-2011 | |||||
| Next Renewal | 06-18-2021 | |||||||
429/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1027MX05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 491309 | Registration No. | 724831 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements, all consisting of vitamins, minerals, herbs, fiber and protein, all as a tablet, liquid, capsule or powder. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-18-2001 | Registration Date | 06-18-2011 | |||||
| Next Renewal | 06-18-2021 | |||||||
| Trademark Mexico | TM1027MX29 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 491310 | Registration No. | 719641 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed food made with vitamins, minerals and herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-18-2001 | Registration Date | 06-18-2011 | |||||
| Next Renewal | 06-18-2021 | |||||||
| Trademark Mexico | TM1027MX30 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 491311 | Registration No. | 711861 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-18-2001 | Registration Date | 06-18-2011 | |||||
| Next Renewal | 06-18-2021 | |||||||
430/745
| 3/4/2014 | Portfolio Report |
| Trademark Mexico | TM1027MX3201 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1076046 | Registration No. | 1178870 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters and other soft drinks, syrups and other preparations for making beverages, including table water, waters (beverages), excluding non-alcoholic fruit drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-22-2010 | Registration Date | 03-22-2010 | |||||
| Next Renewal | 03-22-2020 | |||||||
| Trademark Mexico | TM1541MX00 | |||||||
|
XTRA SHAKE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1350865 | Registration No. | 1378346 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Food additives in the form of thickening agents. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-21-2013 | Registration Date | 02-21-2013 | |||||
| Next Renewal | 02-21-2023 | |||||||
| Trademark Mexico | TM1032MX05 | |||||||
|
XTRA-CAL |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 481272 | Registration No. | 750094 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary food supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-18-2001 | Registration Date | 04-18-2011 | |||||
| Next Renewal | 04-18-2021 | |||||||
| Trademark Moldova, Republic of | TM1603MD00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 24366 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
431/745
| 3/4/2014 | Portfolio Report |
432/745
| 3/4/2014 | Portfolio Report |
433/745
| 3/4/2014 | Portfolio Report |
| Trademark Moldova, Republic of | TM1609MD05 | |||||||
|
XTRA-CAL |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 24254 | |||||||
|
Application Type:
|
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 09-11-2012 | |||||||
| Next Renewal | 09-11-2022 | |||||||
| Trademark Monaco | TM1001MC00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 15441 | Registration No. | 94-15394 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | All goods in Class 3, especially shampoos, rinses, conditioners, make-up removal, hydrating creams, facial creams, body creams, shaving creams, suntan oils and lotions. | |||||||
| 05 | All goods in Class 5, especially nutritional supplements, dietetic foods consisting of vitamins, minerals, herbs, fiber and protein, in the form of tablets, capsules, liquids or powders. | |||||||
| 30 | All goods in Class 30, especially teas. | |||||||
| 32 | All goods in Class 32, especially fruit juice and fruit-based juice, powdered protein, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-18-1994 | Registration Date | 08-05-1994 | |||||
| Next Renewal | 05-18-2014 | |||||||
| Trademark Monaco | TM1006MC00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 15442 | Registration No. | 94-15395 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | All goods in Class 3, especially shampoos, rinses, conditioners, make-up removal, hydrating creams, facial creams, body creams, shaving creams, suntan oils and lotions. | |||||||
| 05 | All goods in Class 5, especially nutritional supplements, dietetic foods consisting of vitamins, minerals, herbs, fiber and protein, in the form of tablets, capsules, liquids or powders. | |||||||
| 30 | All goods in Class 30, especially teas. | |||||||
| 32 | All goods in Class 32, especially fruit juice and fruit-based juice, powdered protein, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-18-1994 | Registration Date | 08-05-1994 | |||||
| Next Renewal | 05-18-2014 | |||||||
434/745
| 3/4/2014 | Portfolio Report |
435/745
| 3/4/2014 | Portfolio Report |
| Trademark Mongolia | TM1285MN00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| App. No. | 9615 | Registration No. | 8808 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | creams, lotions, gels, washes, sprays, milks, and masks for the face and body; soaps; fragrances; | |||||||
| Diary Dates: | ||||||||
| Registration Date | 10-18-2010 | Next Renewal | 10-18-2020 | |||||
| Trademark Mongolia | TM1284MN00 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 9612 | Registration No. | 8805 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | preparations for making non-alcoholic beverages | |||||||
| Diary Dates: | ||||||||
| Registration Date | 10-18-2010 | Next Renewal | 10-18-2020 | |||||
| Trademark Mongolia | TM1283MN00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 9614 | Registration No. | 8807 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | creams, lotions, gels, sprays, milks, and masks for the face and body; soaps; fragrances | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-18-2010 | Registration Date | 10-18-2010 | |||||
| Next Renewal | 10-18-2020 | |||||||
| Trademark Mongolia | TM1282MN00 | |||||||
|
XTRA-CAL |
||||||||
| Status: | Registered | |||||||
| Registration No. | 8804 | |||||||
| Application Type: | Without Priority | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | 5 food supplements and dietetic substances composed of herbs, mineals and vitamins. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-18-2010 | Next Renewal | 10-18-2020 | |||||
436/745
| 3/4/2014 | Portfolio Report |
| Trademark Montenegro | TM1293ME00 | |||||||
|
HERBALIFE, cls. 3,5,9,10,14,16,21,25,28,29,30,31,32, 35, 41, 42 |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 03907PP | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 09, 10, 14, 16, 21, 25, 28, 29, 30, 31, 32, 35, 41, 42 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 09 | ||||||||
| 10 | ||||||||
| 14 | ||||||||
| 16 | ||||||||
| 21 | ||||||||
| 25 | ||||||||
| 28 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 31 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| 41 | ||||||||
| 42 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 03-07-2006 | Next Renewal | 03-07-2016 | |||||
| Trademark Montenegro | TM1294ME00 | |||||||
|
HERBALIFELINE, cl. 5 |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 03916PP | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 03-07-2006 | Next Renewal | 03-07-2016 | |||||
| Trademark Montenegro | TM1295ME00 | |||||||
|
NITEWORKS, cl. 32 |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 03915PP | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 03-07-2006 | Next Renewal | 03-07-2016 | |||||
437/745
| 3/4/2014 | Portfolio Report |
| Trademark Montenegro | TM1296ME00 | |||||||
|
NOURIFUSION, cls., 3, 30 |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 03914PP | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 30 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 03-07-2006 | Next Renewal | 03-07-2016 | |||||
| Trademark Morocco | TM1068MA00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 360 | Registration No. | 57288 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-17-1995 | Registration Date | 10-16-1995 | |||||
| Next Renewal | 10-16-2015 | |||||||
| Trademark Morocco | TM1080MA00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
369 | Registration No. | 71450 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary substances, all consisting of vitamins, minerals, herbs, fiber and protein, all in the form of tablets, liquid, capsules or powder. | |||||||
| 29 | Protein food tablet. | |||||||
| 30 | Herbal teas for non-medical use. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-09-1999 | Registration Date | 11-09-1999 | |||||
| Next Renewal | 11-09-2019 | |||||||
438/745
| 3/4/2014 | Portfolio Report |
| Trademark Morocco | TM1001MA00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 71448 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary substances, all consisting of vitamins, minerals, herbs, fiber and protein, all in the form of tablets, liquid, capsules or powder. | |||||||
| 29 | Protein food tablet. | |||||||
| 30 | Herbal teas for non-medical use. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-09-1999 | Registration Date | 11-09-1999 | |||||
| Next Renewal | 11-09-2019 | |||||||
| Trademark Morocco | TM1006MA00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 50740 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; and especially hair shampoos, rinses, conditioners, make-up removers, moisturizers, facial creams, shaving creams, suntan oils and lotions. | |||||||
| 05 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides; and especially nutritional supplements consisting of vitamins, minerals, herbs and protein, all in the form of tablets, powder or liquid. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-26-1993 | Next Renewal | 02-26-2013 | |||||
| Trademark Morocco | TM1027MA00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 368 | Registration No. | 71449 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietetic substances, all based on vitamins, minerals, herbs, fiber and protein in the form of tablets, liquid, capsules or powder. | |||||||
| 29 | Protein-based food tablet. | |||||||
| 30 | Herbal teas, not for medical use. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-09-1999 | Registration Date | 11-16-1999 | |||||
| Next Renewal | 11-09-2019 | |||||||
| Trademark Namibia | TM1438NA00 | |||||||
|
24 graphic |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 110845 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-05-2011 | |||||||
439/745
| 3/4/2014 | Portfolio Report |
| Trademark Namibia | TM1031NA05 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Published | |||||||
| Application No. | 71296 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, material for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | |||||||
| Trademark Namibia | TM1592NA32 | |||||||
|
H3O PRO |
||||||||
| Status: | Published | |||||||
| Registration No. | 2008/0334 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 03-25-2008 | Next Renewal | 03-25-2018 | |||||
| Trademark Namibia | TM1001NA03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 98/1606 | Registration No. | 98/1606 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, lotions, rinses and conditioners for the hair; cleansers, moisturizers, toners, creams, ointments, gels and lotions for the skin. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-13-1998 | Registration Date | 10-21-2002 | |||||
| Next Renewal | 11-13-2018 | |||||||
| Trademark Namibia | TM1001NA05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 98/1607 | Registration No. | 98/1607 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, medicinal herbs, medicinal linseed and analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-13-1998 | Registration Date | 10-21-2002 | |||||
| Next Renewal | 11-13-2018 | |||||||
440/745
| 3/4/2014 | Portfolio Report |
| Trademark Namibia | TM1001NA29 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 98/1608 | Registration No. | 98/1608 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Protein preparations, herbal preparations as food supplements, soups. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-13-1998 | Registration Date | 10-21-2002 | |||||
| Next Renewal | 11-13-2018 | |||||||
| Trademark Namibia | TM1020NA41 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Pending | |||||||
| Application No. | 71286 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | |||||||
| Trademark Namibia | TM1020NA42 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Pending | |||||||
| Application No. | 71281 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 42 | |||||||
| List of Goods | ||||||||
| 42 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | |||||||
441/745
| 3/4/2014 | Portfolio Report |
| Trademark Namibia | TM1016NA05 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2002/0205 | Registration No. | 2002/0205 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements containing vitamins and minerals, all in tablet or capsule form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-01-2002 | Registration Date | 05-19-2003 | |||||
| Next Renewal | 03-01-2022 | |||||||
| Trademark Namibia | TM1049NA05 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 71288 | Registration No. | 2007/1288 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, material for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | Registration Date | 07-03-2007 | |||||
| Next Renewal | 07-03-2017 | |||||||
| Trademark Namibia | TM1049NA32 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 071287 | Registration No. | 2007/1287 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beer; mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | Registration Date | 07-03-2007 | |||||
| Next Renewal | 07-03-2017 | |||||||
| Trademark Namibia | TM1081NA05 | |||||||
|
LIPO-BOND |
||||||||
| Status: | Published | |||||||
| Application No. | 71299 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, material for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | |||||||
442/745
| 3/4/2014 | Portfolio Report |
| Trademark Namibia | TM1010NA05 | |||||||
|
NITEWORKS |
||||||||
| Status: | Published | |||||||
| Application No. | 71295 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, material for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | |||||||
| Trademark Namibia | TM1010NA32 | |||||||
|
NITEWORKS |
||||||||
| Status: | Published | |||||||
| Application No. | 71294 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beer; mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | |||||||
| Trademark Namibia | TM1021NA03 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Published | |||||||
| Application No. | 71293 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching, preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | |||||||
| Trademark Namibia | TM1021NA30 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Pending | |||||||
| Application No. | 71292 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | |||||||
443/745
| 3/4/2014 | Portfolio Report |
444/745
| 3/4/2014 | Portfolio Report |
445/745
| 3/4/2014 | Portfolio Report |
| Trademark Namibia | TM1027NA03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Published | |||||||
| Application No. | 71283 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching, preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | |||||||
| Trademark Namibia | TM1027NA05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Published | |||||||
| Application No. | 71282 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | |||||||
| Trademark Namibia | TM1027NA30 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Published | |||||||
| Application No. | 71284 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals; bread, pastry and confectionery; ices; honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | |||||||
| Trademark Namibia | TM1027NA32 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Published | |||||||
| Application No. | 71285 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-03-2007 | |||||||
446/745
| 3/4/2014 | Portfolio Report |
447/745
| 3/4/2014 | Portfolio Report |
| Trademark Netherlands Antilles | TM1027AN00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | D-100002 | Registration No. | 14537 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 44 | |||||||
| List of Goods | ||||||||
| 03 | Creams, lotions, gels, washes, sprays, milks, and masks for the face and body; soaps; fragrances. | |||||||
| 05 | Food supplements; dietary products for medicinal purposes. | |||||||
| 29 | Snack foods made primarily of protein; soup mixes; powdered meal replacement foods composed of protein, vitamins, and minerals. | |||||||
| 30 | Preparations for making herbal teas. | |||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| 44 | Providing information about human health and nutrition; providing information about operating a small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-05-2010 | Registration Date | 02-01-2010 | |||||
| Next Renewal | 01-05-2020 | |||||||
| Trademark New Zealand | TM1047NZ01 | |||||||
|
AROMAVIE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 243385 | Registration No. | 243385 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 04 | |||||||
| List of Goods | ||||||||
| 04 | Candles. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-23-1994 | Registration Date | 05-05-1998 | |||||
| Next Renewal | 11-23-2015 | |||||||
| Trademark New Zealand | TM1047NZ00 | |||||||
|
AROMAVIE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 243384 | Registration No. | 243384 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Body care products, namely, moisturisers, body oils, body lotions, massage oils, bath oils, bath gels, bath salts, shower gels and soaps: potpourri and sachets. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-23-1994 | Registration Date | 04-01-1998 | |||||
| Next Renewal | 11-23-2015 | |||||||
448/745
| 3/4/2014 | Portfolio Report |
| Trademark New Zealand | TM1048NZ00 | |||||||
|
ASMERA |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 244661 | Registration No. | 244661 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Personal hygiene products in this class, perfumes, powders, colognes, toilet waters, body oils, body lotions, body creams, soaps, deodorants, and aftershave balms. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-11-1995 | Registration Date | 03-18-1998 | |||||
| Next Renewal | 01-11-2016 | |||||||
| Trademark New Zealand | TM1031NZ00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 147807 | Registration No. | 147807 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical and sanitary substances; infants and invalids foods; products in this class as health aids to be taken internally, including vitamins and minerals, proteins, herbs, and medicinal linseed; medicated creams and lotions, analgesics. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-30-1983 | Registration Date | 11-12-1986 | |||||
| Next Renewal | 06-30-2014 | |||||||
| Trademark New Zealand | TM1030NZ00 | |||||||
|
DINOMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 272525 | Registration No. | 272525 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Chewable vitamin and mineral supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-07-1997 | Registration Date | 08-29-1997 | |||||
| Next Renewal | 02-07-2018 | |||||||
| Trademark New Zealand | TM1080NZ05 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 291710 | Registration No. | 291710 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 04-30-1998 | Registration Date | 04-30-1998 | |||||
| Next Renewal | 04-30-2015 | |||||||
449/745
| 3/4/2014 | Portfolio Report |
| Trademark New Zealand | TM1648NZ05 | |||||||
|
FLORAFIBRE |
||||||||
| Status: | Registered | |||||||
| Application No. | 988529 | Registration No. | 988529 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Herbal dietary and herbal nutritional supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-26-2013 | |||||||
| Trademark New Zealand | TM1054NZ00 | |||||||
|
H3O |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 770953 | Registration No. | 770953 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic drinks and preparations for making non-alcoholic drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-25-2007 | Registration Date | 05-14-2009 | |||||
| Next Renewal | 06-25-2017 | |||||||
| Trademark New Zealand | TM1001NZ03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 145491 | Registration No. | 145491 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical and sanitary substances; infants and invalids foods; products as health aids to be taken internally, including vitamins and minerals, proteins, herbs, and medicinal linseed; medicated creams and lotions, analgesics. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-07-1983 | Registration Date | 01-07-1983 | |||||
| Next Renewal | 01-07-2018 | |||||||
450/745
| 3/4/2014 | Portfolio Report |
451/745
| 3/4/2014 | Portfolio Report |
| Trademark New Zealand | TM1212NZ00 | |||||||
|
HERBALIFE CHITOSAN FIBRE COMPLEX |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 675201 | Registration No. | 675201 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-12-2003 | Registration Date | 09-18-2003 | |||||
| Next Renewal | 03-12-2020 | |||||||
| Trademark New Zealand | TM1016NZ00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 147806 | Registration No. | 147806 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical and sanitary substances; infants and invalids foods; products as health aids to be taken internally, including vitamins and minerals, proteins, herbs, and medicinal linseed; medicated creams and lotions, analgesics, herbal derivatives. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-30-1983 | Registration Date | 09-10-1986 | |||||
| Next Renewal | 06-30-2014 | |||||||
| Trademark New Zealand | TM1056NZ00 | |||||||
|
IMPROV |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 244662 | Registration No. | 244662 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Personal hygiene products in this class, perfumes, powders, colognes, toilet waters, body oils, body lotions, body creams, soaps, deodorants and aftershave balms. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-11-1995 | Registration Date | 03-18-1998 | |||||
| Next Renewal | 01-11-2016 | |||||||
| Trademark New Zealand | TM1049NZ00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 789143 | Registration No. | 789143 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Effervescent tablets and powders used in making beverages, with the express exclusion of prepared drinks of any kind. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-13-2008 | Registration Date | 03-25-2010 | |||||
| Next Renewal | 05-13-2018 | |||||||
452/745
| 3/4/2014 | Portfolio Report |
| Trademark New Zealand | TM1062NZ00 | |||||||
|
NATURES MIRROR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 253742 | Registration No. | 253742 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products namely cleansers, moisturisers, facial creams, body powders, body oils, body lotions, body creams, body soap, body deodorants, bath oils and bath gels. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-19-1995 | Registration Date | 04-08-1998 | |||||
| Next Renewal | 09-19-2016 | |||||||
| Trademark New Zealand | TM1010NZ00 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 684936 | Registration No. | 684936 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements; beverages containing nutritional and/or dietary supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-18-2003 | Registration Date | 02-19-2004 | |||||
| Next Renewal | 08-18-2020 | |||||||
| Trademark New Zealand | TM1010NZ01 | |||||||
|
NITEWORKS |
||||||||
| Status: | Closed / Registered | |||||||
| Application No. | 684937 | Registration No. | 684937 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Beverages in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-18-2003 | Registration Date | 02-19-2004 | |||||
| Next Renewal | 08-18-2010 | |||||||
| Trademark New Zealand | TM1021NZ00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 728104 | Registration No. | 728104 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
453/745
| 3/4/2014 | Portfolio Report |
| Classes: | 03, 30 | |||||||
| List of Goods | ||||||||
| 03 | Creams, gels, lotions, washes, masks, and milks for use on the face and body. | |||||||
| 30 | Dietary and nutritional supplements for non-medicinal health purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-14-2005 | Registration Date | 10-20-2005 | |||||
| Next Renewal | 04-14-2015 | |||||||
| Trademark New Zealand | TM1063NZ00 | |||||||
|
PINSTRIPE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 240360 | Registration No. | 240360 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Cosmetics and skin creams in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-25-1994 | Registration Date | 03-09-1998 | |||||
| Next Renewal | 08-25-2015 | |||||||
| Trademark New Zealand | TM1036NZ00 | |||||||
|
RADIANT C (stylized) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 617944 | Registration No. | 617944 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely, facial creams, facial cleansers, lotions, moisturizers and toners. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-04-2000 | Registration Date | 12-17-2001 | |||||
| Next Renewal | 07-04-2017 | |||||||
| Trademark New Zealand | TM1038NZ00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 723134 | Registration No. | 723134 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30, 32, 44 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and weight-loss supplements; dietary drink mixes for use as a meal replacement. | |||||||
| 29 | Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods; fruit- and vegetable-based snack foods; powdered soy-based protein food beverage mixes; soy-based food beverages used as a milk substitute. | |||||||
| 30 | Teas; herbal beverages. | |||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for making beverages; fruit juice; vegetable juice; non-alcoholic effervescent beverages; nutritional drink mixes. | |||||||
| 44 | Weight-management regimen program featuring structured weight loss, weight management, diet, wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-20-2004 | Registration Date | 06-23-2005 | |||||
| Next Renewal | 12-20-2014 | |||||||
454/745
| 3/4/2014 | Portfolio Report |
| Trademark New Zealand | TM1202NZ00 | |||||||
|
ROSEGUARD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 812939 | Registration No. | 812939 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements in tablet or capsule form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-21-2009 | Registration Date | 03-25-2010 | |||||
| Next Renewal | 09-21-2019 | |||||||
| Trademark New Zealand | TM1070NZ00 | |||||||
|
SEAWARD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 243383 | Registration No. | 243383 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Personal hygiene products, namely, powders, perfumes, colognes, toilet waters, body oils, body lotions, soaps, deodorants and aftershave balms. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-23-1994 | Registration Date | 05-15-1998 | |||||
| Next Renewal | 11-23-2015 | |||||||
| Trademark New Zealand | TM1040NZ00 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 723131 | Registration No. | 723131 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30, 32, 44 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and weight-loss supplements; dietary drink mixes for use as a meal replacement. | |||||||
| 29 | Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods; fruit- and vegetable-based snack foods; powdered soy-based protein food beverage mixes; soy-based food beverages used as a milk substitute. | |||||||
| 30 | Teas; herbal beverages. | |||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for making beverages; fruit juice; vegetable juice; non-alcoholic effervescent beverages; nutritional drink mixes. | |||||||
| 44 | Weight-management regimen program featuring structured weight loss, weight management, diet, wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-20-2004 | Registration Date | 06-23-2005 | |||||
| Next Renewal | 12-20-2014 | |||||||
455/745
| 3/4/2014 | Portfolio Report |
| Trademark New Zealand | TM1007NZ00 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 645475 | Registration No. | 645475 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Facial cream; eye cream; and body lotion. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-17-2001 | Registration Date | 06-10-2002 | |||||
| Next Renewal | 09-17-2018 | |||||||
| Trademark New Zealand | TM1025NZ03 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Expired | |||||||
| Application No. | 274599 | Registration No. | 274599 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas, herbal teas, instant teas, instant herbal beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-25-1997 | Registration Date | 10-24-1997 | |||||
| Next Renewal | 03-25-2014 | |||||||
| Trademark New Zealand | TM1025NZ02 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Expired | |||||||
| Application No. | 219878 | Registration No. | 219878 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Preparations in liquid, powder, capsule, caplet and tablet form not adapted for medical services. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-15-1992 | Registration Date | 03-26-1996 | |||||
| Next Renewal | 07-15-2013 | |||||||
| Trademark New Zealand | TM1025NZ01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Expired | |||||||
| Application No. | 219876 | Registration No. | 219876 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
456/745
| 3/4/2014 | Portfolio Report |
| List of Goods | ||||||||
| 05 | Dietary substances in liquid, powder, capsule, caplet and tablet form in the nature of vitamin and mineral preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-15-1992 | Registration Date | 03-26-1996 | |||||
| Next Renewal | 07-15-2013 | |||||||
| Trademark New Zealand | TM1025NZ00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 232335 | Registration No. | 232335 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Cosmetics and skin creams in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-24-1993 | Registration Date | 04-01-1998 | |||||
| Next Renewal | 11-24-2014 | |||||||
| Trademark New Zealand | TM1110NZ00 | |||||||
|
THERMOJETICS & Design |
||||||||
| Status: | Expired | |||||||
| Application No. | 219877 | Registration No. | 219877 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary substances in liquid, powder, capsule, caplet and tablet form in the nature of vitamin and mineral preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-15-1992 | Registration Date | 08-11-1997 | |||||
| Next Renewal | 07-15-2013 | |||||||
| Trademark New Zealand | TM1110NZ01 | |||||||
|
THERMOJETICS & Design |
||||||||
| Status: | Expired | |||||||
| Application No. | 219879 | Registration No. | 219879 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Preparations in liquid, powder, capsule, caplet and tablet form not adapted for medical use. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-15-1992 | Registration Date | 08-11-1997 | |||||
| Next Renewal | 07-15-2013 | |||||||
457/745
| 3/4/2014 | Portfolio Report |
| Trademark New Zealand | TM1110NZ02 | |||||||
|
THERMOJETICS & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 232336 | Registration No. | 232336 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Cosmetics and skin creams in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-24-1993 | Registration Date | 04-01-1998 | |||||
| Next Renewal | 11-24-2014 | |||||||
| Trademark New Zealand | TM1027NZ00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 774912 | Registration No. | 774912 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 09, 16, 29, 30, 32, 44 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. | |||||||
| 09 | Video programs about health and nutrition and operating a small business, all available on DVD or online. | |||||||
| 16 | Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers type; printing blocks. | |||||||
| 29 | Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. | |||||||
| 30 | Coffee, tea, cocoa, sugar, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry, honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. | |||||||
| 32 | Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| 44 | Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-30-2007 | Registration Date | 05-14-2009 | |||||
| Next Renewal | 08-30-2017 | |||||||
| Trademark New Zealand | TM1078NZ00 | |||||||
|
ZILLION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 241004 | Registration No. | 241004 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Personal hygiene products in this class, perfumes, colognes, toilet waters, powders, body oils, body lotion, body creams, bath oils, soaps, deodorants, aftershave, creams and balms in this class. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-15-1994 | Registration Date | 04-01-1998 | |||||
| Next Renewal | 09-15-2015 | |||||||
458/745
| 3/4/2014 | Portfolio Report |
| Trademark Nicaragua | TM1525NI00 | |||||||
|
CELL ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2012-000592 | Registration No. | 2013098573 LM | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical prepartations composed mainly of fatty acids and botanical ingredients. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-09-2012 | Registration Date | 08-14-2013 | |||||
| Next Renewal | 08-13-2023 | |||||||
| Trademark Nicaragua | TM1031NI00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 9963 | Registration No. | 900615 LM | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements in capsules. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-11-2006 | Registration Date | 05-05-2009 | |||||
| Next Renewal | 05-04-2019 | |||||||
| Trademark Nicaragua | TM1080NI00 | |||||||
|
FIGURINE DESIGN (rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 57328 C.C. | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic and nutritional supplements consisting of vitamins, minerals, herbs, fiber and protein, all in the form of tablets, liquid, capsule or powder. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 04-02-2003 | Next Renewal | 04-01-2013 | |||||
| Trademark Nicaragua | TM1080NI01 | |||||||
|
FIGURINE DESIGN (Rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 57329 C.C. | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal tea. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 04-02-2003 | Next Renewal | 04-01-2013 | |||||
459/745
| 3/4/2014 | Portfolio Report |
460/745
| 3/4/2014 | Portfolio Report |
461/745
| 3/4/2014 | Portfolio Report |
462/745
| 3/4/2014 | Portfolio Report |
463/745
| 3/4/2014 | Portfolio Report |
464/745
| 3/4/2014 | Portfolio Report |
| Trademark Nicaragua | TM1057NI00 | |||||||
|
SPORTWORKS |
||||||||
| Status: | Closed | |||||||
| Application No. | 9968 | Registration No. | 900491 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 05 | Food and nutritional supplements in tablets, capsules or powder; vitamins. | |||||||
| 30 | Sandwiches including snack bars, roasted soy products, and mixes of them; powdered soups; herbal tea. | |||||||
| 32 | Non-alcoholic beverages and preparations for making non-alcoholic beverages, powdered mixes for beverages with proteins. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-11-2006 | Registration Date | 04-14-2009 | |||||
| Next Renewal | 04-13-2019 | |||||||
| Trademark Nicaragua | TM1025NI00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 57334 C.C. | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic and nutritional supplements consisting of vitamins, minerals, herbs, fiber and protein, all in the form of tablets, liquid, capsule or powder. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 04-02-2003 | Next Renewal | 04-01-2023 | |||||
| Trademark Nicaragua | TM1025NI01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 57189 C.C. | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal tea. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 03-13-2013 | Next Renewal | 03-13-2023 | |||||
| Trademark Nicaragua | TM1025NI02 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 57187 C.C. | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic fruit drinks. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 03-14-2003 | Next Renewal | 03-13-2023 | |||||
465/745
| 3/4/2014 | Portfolio Report |
| Trademark Nicaragua | TM1027NI02 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 57331 C.C. | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal tea. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 04-02-2003 | Next Renewal | 04-01-2023 | |||||
| Trademark Nicaragua | TM1027NI03 | |||||||
|
TRI-LEAF Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 57332 C.C. | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic fruit drinks. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 04-02-2003 | Next Renewal | 04-01-2023 | |||||
| Trademark Nicaragua | TM1027NI01 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Pending | |||||||
| Application No. | 9956 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 21, 25, 28, 30, 32, 35, 38, 41 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 21 | ||||||||
| 25 | ||||||||
| 28 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| 38 | ||||||||
| 41 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-11-2006 | |||||||
466/745
| 3/4/2014 | Portfolio Report |
467/745
| 3/4/2014 | Portfolio Report |
468/745
| 3/4/2014 | Portfolio Report |
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-06-1994 | Registration Date | 12-12-1996 | |||||
| Next Renewal | 12-12-2016 | |||||||
| Trademark Norway | TM1001NO00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 19941177 | Registration No. | 178214 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-25-1994 | Registration Date | 11-28-1996 | |||||
| Next Renewal | 11-28-2016 | |||||||
| Trademark Norway | TM1001NO01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200602188 | Registration No. | 239570 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 09, 14, 16, 18, 21, 25, 28, 29, 30, 31, 32, 35, 41, 42 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 09 | ||||||||
| 14 | ||||||||
| 16 | ||||||||
| 18 | ||||||||
| 21 | ||||||||
| 25 | ||||||||
| 28 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 31 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| 41 | ||||||||
| 42 | Tilveiebringelse og design av webområde relatert til vekthåndtering, menneskelig helse og kondisjon, flernivåmarkedsføring, og utvikling av mindre foretak. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-03-2006 | Registration Date | 06-06-2007 | |||||
| Next Renewal | 06-06-2017 | |||||||
469/745
| 3/4/2014 | Portfolio Report |
| Trademark Norway | TM1006NO00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 19941178 | Registration No. | 178215 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-25-1994 | Registration Date | 11-28-1996 | |||||
| Next Renewal | 11-28-2016 | |||||||
| Trademark Norway | TM1006NO01 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200602192 | Registration No. | 239571 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 09, 14, 16, 18, 21, 25, 28, 29, 30, 31, 32, 35, 41, 42 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 09 | ||||||||
| 14 | ||||||||
| 16 | ||||||||
| 18 | ||||||||
| 21 | ||||||||
| 25 | ||||||||
| 28 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 31 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| 41 | ||||||||
| 42 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-03-2006 | Registration Date | 06-06-2007 | |||||
| Next Renewal | 06-06-2017 | |||||||
| Trademark Norway | TM1020NO00 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200602189 | Registration No. | 236488 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Providing educational services through the exchange of news and information in the fields of health, nutrition, fitness, multi-level marketing and development of small business; providing information about human nutrition and information about operating small business enterprises. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-03-2006 | Registration Date | 11-27-2006 | |||||
| Next Renewal | 11-27-2016 | |||||||
470/745
| 3/4/2014 | Portfolio Report |
| Trademark Norway | TM1016NO00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 199912086 | Registration No. | 203461 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-22-1999 | Registration Date | 06-29-2000 | |||||
| Next Renewal | 06-29-2020 | |||||||
| Trademark Norway | TM1060NO00 | |||||||
|
ILLUMINESCE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200401912 | Registration No. | 225635 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-2004 | Registration Date | 01-24-2005 | |||||
| Next Renewal | 01-24-2015 | |||||||
| Trademark Norway | TM1056NO00 | |||||||
|
IMPROV |
||||||||
| Status: | Closed | |||||||
| Application No. | 199800824 | Registration No. | 198118 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 01-29-1998 | Registration Date | 06-24-1999 | |||||
| Next Renewal | 06-24-2009 | |||||||
471/745
| 3/4/2014 | Portfolio Report |
| Trademark Norway | TM1049NO00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200409850 | Registration No. | 241089 | |||||
| Application Type: | With Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-04-2004 | Registration Date | 09-27-2007 | |||||
| Next Renewal | 09-27-2017 | |||||||
| Trademark Norway | TM1010NO00 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200502428 | Registration No. | 231962 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages and preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-18-2005 | Registration Date | 04-18-2006 | |||||
| Next Renewal | 04-18-2016 | |||||||
| Trademark Norway | TM1021NO00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200502116 | Registration No. | 232300 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 30 | |||||||
| List of Goods | ||||||||
| 03 | Creams, gels, lotions, washes, masks, and milks for use on the face and body; skin care products. | |||||||
| 30 | Dietary and nutritional supplements for non-medicinal health purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-10-2005 | Registration Date | 05-02-2006 | |||||
| Next Renewal | 05-02-2016 | |||||||
| Trademark Norway | TM1203NO00 | |||||||
|
PROLESSA |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 201002490 | Registration No. | 256109 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements, food supplements in the form of liquid, including the ingredients of herbs and vinegars and food supplements composed of herbs and vinegars, none of which relate to bone, bone diseases and disorders, the prevention and treatment of bone diseases and disorders, or any related conditions/diseases. | |||||||
| 30 | Liquid foodstuffs composed of herbs and vinegars, none of which relate to bone, bone diseases and disorders, the prevention and treatment of bone diseases and disorders, or any related conditions/diseases. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-05-2010 | Registration Date | 06-30-2010 | |||||
| Next Renewal | 06-30-2020 | |||||||
472/745
| 3/4/2014 | Portfolio Report |
| Trademark Norway | TM1037NO00 | |||||||
|
RADIANT C |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200501859 | Registration No. | 233793 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Lotions, creams, gels, mists, masks, scrub cleansers, toners, moisturizers, and washes for the face and body; skin care products. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-02-2005 | Registration Date | 07-06-2006 | |||||
| Next Renewal | 07-06-2016 | |||||||
| Trademark Norway | TM1036NO00 | |||||||
|
RADIANT C (stylized) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200013851 | Registration No. | 211298 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely facial creams, facial cleansers, lotions, moisturizers and toners. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-08-2000 | Registration Date | 10-25-2001 | |||||
| Next Renewal | 10-25-2011 | |||||||
| Trademark Norway | TM1038NO00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200401896 | Registration No. | 226064 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 09, 10, 14, 16, 21, 25, 28, 29, 30, 31, 32, 35, 41, 42 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions; hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners, and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; and all personal care products in Class 3. | |||||||
| 05 | Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides; dietetic substances adapted for medical use; medicinal herbs, herb teas, medicinal roots, medicinal drinks; additive for foodstuffs; skin care products for medical purposes; nutritional foods and supplements for medical purposes; vitamin and mineral supplements in tablet, powder, or capsule form. | |||||||
| 09 | Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus; audio and video tapes, discs, and recordings; personal identification and business account cards; electronic publications. | |||||||
| 10 | Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials; electronic devices for the purpose of assessing health and fitness of humans; electronics devices used to measure a persons lean body mass and estimate appropriate protein content needed to maintain that lean body mass. | |||||||
473/745
| 3/4/2014 | Portfolio Report |
| 14 | Precious metals and alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments; jewelry pins (bijouterie); tie tacs, pins, pendants, of base or precious metals; travel clocks; cuff links. | |||||||
| 16 | Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs, stationery; adhesives for stationery or household purposes; artists materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers type; printing blocks; printed matter; pens; bags; product catalogues, brochures, and informational flyers; books and periodicals about human health and fitness, weight management, dietary supplements and foods, business opportunities, marketing plans, and personal achievement. | |||||||
| 21 | Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes; mugs, cups, glassware, tablet boxes, mixing implements, containers for powdered or loose food items, manual mixers. | |||||||
| 25 | Clothing, headgear, footwear. | |||||||
| 28 | Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees, toys, stuffed toys, games and playthings. | |||||||
| 29 | Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule or tablet form made from processed oils, fats, and nuts. | |||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; beverages; teas, powdered beverage mixes, snacks. | |||||||
| 31 | Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt; foods and snacks containing herbs, marine botanicals, fungi, tree bark, natural plants and flowers, seeds, roots, and bulbs. | |||||||
| 32 | Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages; beverages and preparations for making beverages; drinks; ready-to-drink, concentrated, or powdered non-alcoholic beverages. | |||||||
| 35 | Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation and order processing. | |||||||
| 41 | Education; providing of training; entertainment; sporting and cultural activities; educational and training programs related to weight management and human health and fitness; educational and training programs related to multi-level marketing and development of small businesses. | |||||||
| 42 | Internet and electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small businesses. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-2004 | Registration Date | 03-15-2005 | |||||
| Next Renewal | 03-15-2015 | |||||||
| Trademark Norway | TM1202NO00 | |||||||
|
ROSEGUARD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200909963 | Registration No. | 254381 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements; food supplements including herbs, vitamins or minerals; food supplements in tablet or capsule form including herbs, vitamins or minerals; nutritional supplements on the basis of herbs, vitamins or minerals; nutritional supplements. | |||||||
| 30 | Foodstuffs including herbs, vitamins or minerals; food supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-02-2009 | Registration Date | 02-04-2010 | |||||
| Next Renewal | 02-04-2020 | |||||||
| Trademark Norway | TM1040NO00 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200401911 | Registration No. | 227522 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30, 32, 41 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic foodstuffs for medical use, dietetic beverages for medical use; nutritional and dietary supplements. | |||||||
| 29 | Soups, snacks, protein based nutritional drink mixes as replacement of meals, preparations for making soup in the form of powder, protein bars for nutritional purposes, snacks made of soya, including soya nuts (processed). | |||||||
| 30 | Teas and beverages, tea made of herbal ingredients, powder and powder mixes to drinks based on goods in class 30 for use in nutritional and dietary health regimens. | |||||||
| 32 | Non-alcoholic beverages; syrups and other preparations for making beverages; ready to drink beverages for use in nutritional and dietary health regimens. | |||||||
| 41 | Weight management program, namely control of dietary intake and instruction intended to contribute to the obtention and maintenance of healthy weight. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-2004 | Registration Date | 07-13-2005 | |||||
| Next Renewal | 07-13-2015 | |||||||
474/745
| 3/4/2014 | Portfolio Report |
| Trademark Norway | TM1007NO00 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200109559 | Registration No. | 214573 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Facial cream, eye cream and body lotion. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-08-2001 | Registration Date | 06-06-2002 | |||||
| Next Renewal | 06-06-2022 | |||||||
| Trademark Norway | TM1057NO00 | |||||||
|
SPORTWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200505894 | Registration No. | 234150 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 05 | Healthcare products, dietary supplements, health food supplements made principally of vitamins, health food supplements made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional supplements. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats, and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; edible oils and fats. | |||||||
| 30 | Coffee, tea, cocoa, chocolate and beverages based on coffee, tea and cocoa, chocolate; spices; preparations made from cereals; honey; treacle and preparations made therefrom; snacks; snack food. | |||||||
| 32 | Non-alcoholic beverages; sports beverages, minerals and aerated waters and other non-alcoholic drinks, syrups and other preparations for making beverages; ready to drink beverages for use in nutritional and dietary health regimens; fruit drinks and fruit juices and other preparations for making beverages; ready-to-drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; non-alcoholic beverages and powdered or concentrated preparations for making non-alcoholic beverages; powdered drinks and drink mixes based on the goods of Class 30 for use in nutritional and dietary health regimens; powder for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-16-2005 | Registration Date | 08-08-2006 | |||||
| Next Renewal | 08-08-2016 | |||||||
| Trademark Norway | TM1042NO00 | |||||||
|
THERMO COMPLETE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200305662 | Registration No. | 221864 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements; additives for foodstuffs; dietetic substances. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-18-2003 | Registration Date | 11-13-2003 | |||||
| Next Renewal | 11-13-2023 | |||||||
475/745
| 3/4/2014 | Portfolio Report |
| Trademark Norway | TM1025NO01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 19941871 | Registration No. | 169635 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30, 32 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-28-1994 | Registration Date | 09-28-1995 | |||||
| Next Renewal | 09-28-2015 | |||||||
| Trademark Norway | TM1025NO00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 19941126 | Registration No. | 169613 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-23-1994 | Registration Date | 09-28-1995 | |||||
| Next Renewal | 09-28-2015 | |||||||
| Trademark Norway | TM1027NO00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 19945204 | Registration No. | 179602 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 16, 25, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | Hair care products, namely shampoos, rinses and conditioners; cosmetic skin care products, namely cleansers, moisturizers, toners, astringents, facial masks, facial creams, body creams, body personal hygiene products; shaving creams; cosmetic products for suntanning, namely suntan creams, suntan oils and suntan lotions, cosmetic products for the personal hygiene, namely powders, perfumes, colognes, eau de toilette, body oils, soaps, after shave balms and deodorants for personal use. | |||||||
| 05 | Nutritional supplements and dietetic foods for medical use, consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, powder, capsule or liquid form; herb tea and medical herbs; vitamin preparations and amino acids. | |||||||
| 16 | Printed publications, namely periodic informational magazines and brochures in the field of health and well-being, stationery (not included in other classes), pens, pencils and desk sets. | |||||||
| 25 | Clothing and headgear, namely jackets, shirts, caps, hats, robes, dressing gowns and coats. | |||||||
| 30 | Nourishment and nutritional supplement, mainly of vegetable origin, buth with supplements of proteins and minerals, the aforesaid good in tablet, powder or liquid form; herb tea drinks. | |||||||
| 32 | Powder for making drinks and herbal drinks with a mixture of vitamins, minerals and proteins. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-20-1994 | Registration Date | 02-06-1997 | |||||
| Next Renewal | 02-06-2017 | |||||||
476/745
| 3/4/2014 | Portfolio Report |
| Trademark Norway | TM1045NO00 | |||||||
|
VegetACE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 199808066 | Registration No. | 195528 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-08-1998 | Registration Date | 01-22-1999 | |||||
| Next Renewal | 01-22-2019 | |||||||
| Trademark Norway | TM1032NO00 | |||||||
|
XTRA-CAL |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 200201614 | Registration No. | 216625 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-22-2002 | Registration Date | 11-21-2002 | |||||
| Next Renewal | 11-21-2022 | |||||||
| Trademark Pakistan | TM1365PK00 | |||||||
|
HERBALIFE |
||||||||
| Status: | ||||||||
| Application Type: | Without Priority | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Trademark Pakistan | TM1366PK00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Published | |||||||
| Application No. | 278678 | |||||||
| Application Type: | Without Priority | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-16-2010 | |||||||
477/745
| 3/4/2014 | Portfolio Report |
| Trademark Pakistan | TM1367PK00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Published | |||||||
| Application No. | 278680 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements for non-medicinal health purposes; dietary supplement drink mixes for use as a meal replacement. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-16-2010 | |||||||
| Trademark Pakistan |
TM1027PK05 |
|||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 212230 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements for non-medicinal health purposes; dietary supplement drink mixes for use as a meal replacement. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 08-02-2005 | Next Renewal | 08-02-2015 | |||||
| Trademark Pakistan | TM1027PK32 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 212234 | Registration No. | 212234 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages, namely, soft drinks, energy drinks, sport drinks and other beverages; powdered protein, amino acids, vitamins, minerals and herbs for making beverages; effervescent tablets for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-02-2005 | Registration Date | 08-02-2005 | |||||
| Next Renewal | 08-02-2015 | |||||||
| Trademark Pakistan | TM1027PK03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 212231 | Registration No. | 212231 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, lotions, gels, washes, masks, and milks for use on the face and body; hair care products. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-02-2005 | Registration Date | 08-02-2005 | |||||
| Next Renewal | 08-02-2015 | |||||||
478/745
| 3/4/2014 | Portfolio Report |
| Trademark Pakistan | TM1027PK29 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 212233 | Registration No. | 212233 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Snack bars, snack foods and nutritional foods and beverages; soups; meal replacement foods; drink mixes; frozen, packaged and prepared meals consisting primarily of meat, fish, poultry or vegetables. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-02-2005 | Registration Date | 08-02-2005 | |||||
| Next Renewal | 08-02-2015 | |||||||
| Trademark Pakistan | TM1281PK00 | |||||||
|
Tri-Leaf device cl. 44 |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 212229 | Registration No. | 212229 | |||||
| Application Type: | Without Priority | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-02-2005 | Registration Date | 01-26-2011 | |||||
| Next Renewal | 08-02-2015 | |||||||
| Trademark Panama | TM1031PA05 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 39179 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical preparations, vitamins, minerals, medicinal food supplements, herbal extracts for medicinal purposes, dietary and medicinal supplements for human conditioning as tablets, liquids, capsules and powders. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-09-1986 | Registration Date | 07-09-1986 | |||||
| Next Renewal | 07-09-2016 | |||||||
479/745
| 3/4/2014 | Portfolio Report |
| Trademark Panama | TM1068PA03 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 96238 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; specially, skin care products, namely, cleansers, moisturizers, toners, astringents, facial masks, facial and body scrubs, facial creams, eye creams, body creams, body toning creams, body oils, body lotions, bath oils, bath gels. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-22-1998 | Registration Date | 04-03-2000 | |||||
| Next Renewal | 09-22-2018 | |||||||
| Trademark Panama | TM1080PA05 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 120656 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements in liquid, capsule or tablet form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-19-2002 | Registration Date | 07-30-2003 | |||||
| Next Renewal | 04-19-2022 | |||||||
| Trademark Panama | TM1080PA30 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 120658 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-19-2002 | Registration Date | 07-30-2003 | |||||
| Next Renewal | 04-19-2022 | |||||||
| Trademark Panama | TM1001PA30 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 109489 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-21-2000 | Registration Date | 11-16-2001 | |||||
| Next Renewal | 08-21-2020 | |||||||
480/745
| 3/4/2014 | Portfolio Report |
| Trademark Panama | TM1001PA32 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 109488 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Aloe Vera drinks; powdered protein for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-21-2000 | Registration Date | 11-16-2001 | |||||
| Next Renewal | 08-21-2020 | |||||||
| Trademark Panama | TM1001PA03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 79326 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 01-30-1996 | Registration Date | 01-30-1996 | |||||
| Next Renewal | 01-30-2016 | |||||||
| Trademark Panama | TM1001PA05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 65424 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-24-1994 | Registration Date | 08-24-1994 | |||||
| Next Renewal | 08-24-2014 | |||||||
| Trademark Panama | TM1016PA05 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 39189 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical preparations, vitamins, minerals, medicinal food supplements, proteins, extracts and medicinal herbs for dietetic purposes, medicinal cosmetics, essential oils, soaps, hair lotions and medicated dentifrices, medical conditioning supplements for human use in the form of tablets, liquids, capsules and powders, herbal juices and medicinal soups. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-09-1986 | Registration Date | 07-09-1986 | |||||
| Next Renewal | 07-09-2016 | |||||||
481/745
| 3/4/2014 | Portfolio Report |
| Trademark Panama | TM1064PA05 | |||||||
|
KINDERMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 39187 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-09-1986 | Registration Date | 07-09-1986 | |||||
| Next Renewal | 07-09-2016 | |||||||
| Trademark Panama | TM1049PA32 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 168155-01 | Registration No. | 168155-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Effervescent tablets and powders used in making beverages, with the express exclusion of prepared drinks of any kind. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-28-2008 | Registration Date | 09-18-2008 | |||||
| Next Renewal | 01-28-2018 | |||||||
| Trademark Panama | TM1649PA32 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application Type: | Without Priority | Registration No. | 214565-01 | |||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic drinks. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 07-17-2012 | Next Renewal | 07-17-2022 | |||||
482/745
| 3/4/2014 | Portfolio Report |
| Trademark Panama | TM1021PA03 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 141798-01 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, gels, lotions, washes, masks, and milks for use on the face and body. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 08-17-2005 | |||||
| Next Renewal | 04-15-2015 | |||||||
| Trademark Panama | TM1021PA05 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 141797-01 | Registration No. | 141797-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 06-30-2006 | |||||
| Next Renewal | 04-15-2015 | |||||||
| Trademark Panama | TM1082PA05 | |||||||
|
NRG |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 39185 | Registration No. | 39185 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-09-1986 | Registration Date | 07-09-1986 | |||||
| Next Renewal | 07-09-2016 | |||||||
| Trademark Panama | TM1640PA05 | |||||||
|
PROLESSA |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 218272 01 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements in tablet, capsule, or powder form, none of which relate to bone, bone diseases and disorders, the prevention and treatment of bone diseases and disorders, or any related conditions/diseases. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 11-08-2012 | Next Renewal | 11-08-2022 | |||||
483/745
| 3/4/2014 | Portfolio Report |
| Trademark Panama | TM1038PA32 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 141801-01 | Registration No. | 141801-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered protein, vitamins, minerals and herbs for making beverages; fruit juice, vegetable juice. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 08-17-2005 | |||||
| Next Renewal | 04-15-2015 | |||||||
| Trademark Panama | TM1038PA44 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 141800-01 | Registration No. | 141800-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Weight-management regimen featuring structured weight loss, weight management, wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 08-17-2005 | |||||
| Next Renewal | 04-15-2015 | |||||||
| Trademark Panama | TM1038PA05 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 141804-01 | Registration No. | 141804-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional, dietary, and weight loss supplements; nutritional drink mixes for use as a meal replacement. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 08-17-2005 | |||||
| Next Renewal | 04-15-2015 | |||||||
| Trademark Panama | TM1038PA29 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 141803-01 | Registration No. | 141803-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed nuts; soups; soup mixes; protein based snack foods; soy-based snack foods; fruit- and vegetable-based snack foods; powdered soy-based food beverage mixes; soy-based food beverages used as a milk substitute. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 08-17-2005 | |||||
| Next Renewal | 04-15-2015 | |||||||
484/745
| 3/4/2014 | Portfolio Report |
| Trademark Panama | TM1038PA30 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 141802-01 | Registration No. | 141802-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas; preparations for herbal beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 08-17-2005 | |||||
| Next Renewal | 04-15-2015 | |||||||
| Trademark Panama | TM1040PA29 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 141805-01 | Registration No. | 141805-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed nuts; soups; soup mixes; protein based snack foods; soy-based snack foods; fruit- and vegetable-based snack foods; powdered soy-based food beverage mixes; soy-based food beverages used as a milk substitute. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 08-17-2005 | |||||
| Next Renewal | 04-15-2015 | |||||||
| Trademark Panama | TM1040PA30 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 141806-01 | Registration No. | 141806-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas; preparations for herbal beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 08-17-2005 | |||||
| Next Renewal | 04-15-2015 | |||||||
485/745
| 3/4/2014 | Portfolio Report |
| Trademark Panama | TM1040PA32 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 141807-01 | Registration No. | 141807-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered protein, vitamins, minerals and herbs for making beverages; fruit juice, vegetable juice. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 08-17-2005 | |||||
| Next Renewal | 04-15-2015 | |||||||
| Trademark Panama | TM1040PA05 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 141799-01 | Registration No. | 141799-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional, dietary, and weight loss supplements; nutritional drink mixes for use as a meal replacement. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 08-17-2005 | |||||
| Next Renewal | 04-15-2015 | |||||||
| Trademark Panama | TM1040PA44 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 141808-01 | Registration No. | 141808-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Weight-management regimen featuring structured weight loss, weight management, wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 08-17-2005 | |||||
| Next Renewal | 04-15-2015 | |||||||
| Trademark Panama | TM1089PA03 | |||||||
|
SOFT GREEN |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 180903-01 | Registration No. | 180903 01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Soaps, body and face lotions, body and face gels, bath and shower oils, deodorants, antiseptic gels. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-06-2009 | Registration Date | 01-06-2010 | |||||
| Next Renewal | 05-06-2019 | |||||||
486/745
| 3/4/2014 | Portfolio Report |
| Trademark Panama | TM1024PA05 | |||||||
|
THERMO-BOND |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 109490-01 | Registration No. | 109490-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-21-2000 | Registration Date | 11-16-2001 | |||||
| Next Renewal | 08-21-2020 | |||||||
| Trademark Panama | TM1025PA32 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 157881-01 | Registration No. | 157881-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-26-2006 | Registration Date | 08-28-2007 | |||||
| Next Renewal | 12-26-2016 | |||||||
| Trademark Panama | TM1025PA30 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 157882-01 | Registration No. | 157882-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Preparations for making herbal teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-26-2006 | Registration Date | 09-13-2007 | |||||
| Next Renewal | 12-26-2016 | |||||||
487/745
| 3/4/2014 | Portfolio Report |
| Trademark Panama | TM1025PA05 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 96235 | Registration No. | 96235 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides; specially, nutritional and dietary supplements, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, capsule or powder form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-22-1998 | Registration Date | 03-01-2000 | |||||
| Next Renewal | 09-22-2018 | |||||||
| Trademark Panama | TM1027PA30 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 165366-01 | Registration No. | 165366-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Preparations for making herbal teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-28-2007 | Registration Date | 03-03-2009 | |||||
| Next Renewal | 09-28-2017 | |||||||
| Trademark Panama | TM1027PA44 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 165408-01 | Registration No. | 165408-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Services in providing information about human health and nutrition. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-28-2007 | Registration Date | 07-10-2008 | |||||
| Next Renewal | 09-28-2017 | |||||||
| Trademark Panama | TM1027PA32 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 165365-01 | Registration No. | 165365-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-28-2007 | Registration Date | 07-25-2008 | |||||
| Next Renewal | 09-28-2017 | |||||||
488/745
| 3/4/2014 | Portfolio Report |
| Trademark Panama | TM1027PA03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 165643-01 | Registration No. | 165643-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, gels, lotions, washes, masks, and milks for use on the face and body. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-08-2007 | Registration Date | 07-14-2008 | |||||
| Next Renewal | 10-08-2017 | |||||||
| Trademark Panama | TM1027PA05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 165368-01 | Registration No. | 165368-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional food supplements in tablet, capsule or powder form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-28-2007 | Registration Date | 07-25-2008 | |||||
| Next Renewal | 09-28-2017 | |||||||
| Trademark Panama | TM1027PA35 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 165369-01 | Registration No. | 165369-01 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Providing information about forming and operating a small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-28-2007 | Registration Date | 07-25-2008 | |||||
| Next Renewal | 09-28-2017 | |||||||
489/745
| 3/4/2014 | Portfolio Report |
490/745
| 3/4/2014 | Portfolio Report |
| Trademark Paraguay | TM1080PY05 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 174541 | Registration No. | 267731 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements consisting of vitamins, minerals, herbs and protein, all in tablet, powder, capsule or liquid form. (All goods in International Class 5). | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-09-1994 | Registration Date | 12-28-1994 | |||||
| Next Renewal | 12-28-2014 | |||||||
| Trademark Paraguay | TM1080PY30 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 331183 | Registration No. | 267732 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Tea. (All goods in International Class 30) | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-09-1994 | Registration Date | 12-30-1994 | |||||
| Next Renewal | 12-30-2014 | |||||||
| Trademark Paraguay | TM1080PY32 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 15365 | Registration No. | 278926 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for preparing beverages. (All goods in International Class 32). | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-09-1994 | Registration Date | 05-18-1995 | |||||
| Next Renewal | 05-18-2015 | |||||||
| Trademark Paraguay | TM1001PY32 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1316618 | Registration No. | 260942 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for preparing beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-08-1994 | Registration Date | 08-29-2003 | |||||
| Next Renewal | 08-29-2023 | |||||||
491/745
| 3/4/2014 | Portfolio Report |
|
Trademark Paraguay |
TM1001PY05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 5456 | Registration No. | 385112 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements consisting of vitamins, minerals, herbs and protein, all in tablet, powder or liquid form, all included in International Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-14-1993 | Registration Date | 08-13-2013 | |||||
| Next Renewal | 05-22-2023 | |||||||
| Trademark Paraguay | TM1001PY30 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 15225 | Registration No. | 385113 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Tea. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-08-1994 | Registration Date | 08-13-2013 | |||||
| Next Renewal | 05-22-2023 | |||||||
| Trademark Paraguay | TM1001PY03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 15224 | Registration No. | 265729 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-08-1994 | Registration Date | 02-13-2004 | |||||
| Next Renewal | 02-13-2014 | |||||||
492/745
| 3/4/2014 | Portfolio Report |
|
Trademark Paraguay |
TM1580PY35 | |||||||
|
HERBALIFE |
||||||||
| Status: | Published | |||||||
| Application No. | 54298 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; business management; business administration; office functions; services to assist other with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-16-2012 | |||||||
| Trademark Paraguay | TM1581PY41 | |||||||
|
HERBALIFE |
||||||||
| Status: | Published | |||||||
| Application No. | 1254299 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Services in providing information about human health, nutrition, fitness, and exercise. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-16-2012 | |||||||
| Trademark Paraguay | TM1610PY32 | |||||||
|
HERBALIFE |
||||||||
| Status: | Published | |||||||
| Application No. | 1254297 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices and other preparations for making beverages; ready-to drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and on-alcoholic drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-16-2012 | |||||||
| Trademark Paraguay | TM1370PY00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 18326 | Registration No. | 26529 | |||||
| Application Type: | Without Priority | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-13-2004 | Registration Date | 02-14-2004 | |||||
| Next Renewal | 02-14-2014 | |||||||
493/745
| 3/4/2014 | Portfolio Report |
| Trademark Paraguay | TM1371PY00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 05456 | Registration No. | 257365 | |||||
| Application Type: | Without Priority | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-14-1993 | Registration Date | 05-13-2003 | |||||
| Next Renewal | 05-13-2013 | |||||||
| Trademark Paraguay | TM1006PY05 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 5455 | Registration No. | 385104 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements consisting of vitamins, minerals, herbs and protein, all in tablet, powder or liquid form, all included in International Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-14-1993 | Registration Date | 08-13-2013 | |||||
| Next Renewal | 05-22-2023 | |||||||
| Trademark Paraguay | TM1646PY03 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Published | |||||||
| Application No. | 1254303 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
|
Diary Dates: |
||||||||
| Application Date | 11-16-2012 | |||||||
| Trademark Paraguay | TM1646PY05 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Published | |||||||
| Application No. | 1254300 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplement made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-16-2012 | |||||||
494/745
| 3/4/2014 | Portfolio Report |
| Trademark Paraguay | TM1646PY29 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Published | |||||||
| Application No. | 1254301 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
|
Diary Dates: |
||||||||
| Application Date | 11-16-2012 | |||||||
| Trademark Paraguay | TM1646PY30 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Published | |||||||
| Application No. | 1254302 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snacks; snack foods; powder for making tea-based, cocoa-based beverages; powder for making herbal food beverages; herbal teas and herbal infusions; culinary herbs; herb tea for food purposes. | |||||||
|
Diary Dates: |
||||||||
| Application Date | 11-16-2012 | |||||||
| Trademark Paraguay | TM1646PY32 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Published | |||||||
| Application No. | 1254296 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices and other preparations for making beverages; ready-to drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and on-alcoholic drinks. | |||||||
|
Diary Dates: |
||||||||
| Application Date | 11-16-2012 | |||||||
| Trademark Paraguay | TM1646PY35 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Published | |||||||
| Application No. | 1254304 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
|
Diary Dates: |
||||||||
| Application Date | 11-16-2012 | |||||||
495/745
| 3/4/2014 | Portfolio Report |
496/745
| 3/4/2014 | Portfolio Report |
497/745
| 3/4/2014 | Portfolio Report |
| Trademark Paraguay | TM1016PY05 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37263 | Registration No. | 289504 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1049PY32 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1316627 | Registration No. | 305927 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Effervescent tablets and powders for making beverages, with the exclusion of any type of prepared drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 12-10-2007 | |||||
| Next Renewal | 12-10-2017 | |||||||
| Trademark Paraguay | TM1010PY05 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37259 | Registration No. | 289500 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
498/745
| 3/4/2014 | Portfolio Report |
| Trademark Paraguay | TM1021PY03 | |||||||
| NOURIFUSION | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37266 | Registration No. | 289506 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | . | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1037PY03 | |||||||
|
RADIANT C |
||||||||
| Status: | Pending | |||||||
| Application No. | 37244 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | |||||||
| Trademark Paraguay | TM1038PY30 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 537250 | Registration No. | 295706 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 12-21-2006 | |||||
| Next Renewal | 12-21-2016 | |||||||
| Trademark Paraguay | TM1038PY32 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37249 | Registration No. | 289444 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
499/745
| 3/4/2014 | Portfolio Report |
| Trademark Paraguay | TM1038PY44 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37252 | Registration No. | 289446 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1038PY05 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37251 | Registration No. | 289445 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1038PY29 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37253 | Registration No. | 290969 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Protein-based soups included in International Class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 07-21-2006 | |||||
| Next Renewal | 07-21-2016 | |||||||
| Trademark Paraguay | TM1038PY2901 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 10418 | Registration No. | 295727 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | All goods including protein bars included in International Class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-24-2006 | Registration Date | 12-21-2006 | |||||
| Next Renewal | 12-21-2016 | |||||||
500/745
| 3/4/2014 | Portfolio Report |
| Trademark Paraguay | TM1040PY44 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37261 | Registration No. | 289502 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1040PY29 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37269 | Registration No. | 289508 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Protein-based soups included in International Class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1040PY30 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 610208 | Registration No. | 295494 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Tea, snacks, savory snacks from soy, powdered meal-replacement products principally made from protein; all included in International Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 12-15-2006 | |||||
| Next Renewal | 12-15-2016 | |||||||
501/745
| 3/4/2014 | Portfolio Report |
| Trademark Paraguay | TM1040PY32 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37260 | Registration No. | 289501 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages and preparations for making non-alcoholic beverages, included in International Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1040PY2901 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 10421 | Registration No. | 295855 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | All goods including protein bars included in International Class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-24-2006 | Registration Date | 12-22-2006 | |||||
| Next Renewal | 12-22-2016 | |||||||
| Trademark Paraguay | TM1040PY05 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37262 | Registration No. | 289503 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1007PY03 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37267 | Registration No. | 289507 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
502/745
| 3/4/2014 | Portfolio Report |
| Trademark Paraguay | TM1007PY0301 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37022 | Registration No. | 289498 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1057PY05 | |||||||
|
SPORTWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37265 | Registration No. | 289505 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1025PY05 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 518318 | Registration No. | 267640 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | All goods in International Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-09-1994 | Registration Date | 12-30-1994 | |||||
| Next Renewal | 12-30-2014 | |||||||
| Trademark Paraguay | TM1025PY32 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 518307 | Registration No. | 278324 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
503/745
| 3/4/2014 | Portfolio Report |
| List of Goods | ||||||||
| 32 | All goods included in International Class 32. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
08-09-1994 | Registration Date | 05-18-1995 | |||||
| Next Renewal | 05-18-2015 | |||||||
| Trademark Paraguay | TM1025PY30 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
518320 | Registration No. | 278925 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | All goods included in International Class 30. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
08-09-1994 | Registration Date | 05-18-1995 | |||||
| Next Renewal | 05-18-2015 | |||||||
| Trademark Paraguay | TM1027PY30 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
37254 | Registration No. | 295707 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Tea, snacks, savory snacks from soy, powdered meal-replacement products principally made from protein, all included in International Class 30. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
11-30-2005 | Registration Date | 12-21-2006 | |||||
| Next Renewal | 12-21-2016 | |||||||
| Trademark Paraguay | TM1027PY16 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
37256 | Registration No. | 289447 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
504/745
| 3/4/2014 | Portfolio Report |
| Trademark Paraguay | TM1027PY2901 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37246 | Registration No. | 289441 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Protein-based soups included in International Class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1027PY25 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Pending | |||||||
| Application No. | 37255 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 25 | |||||||
| List of Goods | ||||||||
| 25 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | |||||||
| Trademark Paraguay | TM1027PY44 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37248 | Registration No. | 289443 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1027PY29 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 10417 | Registration No. | 295726 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | All goods including protein bars included in International Class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-24-2006 | Registration Date | 12-21-2006 | |||||
| Next Renewal | 12-21-2016 | |||||||
505/745
| 3/4/2014 | Portfolio Report |
| Trademark Paraguay | TM1027PY05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37247 | Registration No. | 289442 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1027PY32 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37245 | Registration No. | 289440 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages and preparations for making non-alcoholic beverages, included in International Class 32. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
| Trademark Paraguay | TM1027PY18 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Pending | |||||||
| Application No. | 37257 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 18 | |||||||
| List of Goods | ||||||||
| 18 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | |||||||
| Trademark Paraguay | TM1027PY03 | |||||||
|
Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Application | 9415371 | Registration No. | 177640 | |||||
| No. | ||||||||
| Application | Without Priority | |||||||
| Type: | ||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
506/745
| 3/4/2014 | Portfolio Report |
| Trademark Paraguay | TM1647PY03 | |||||||
|
Tri-Leaf device |
||||||||
| Status: | Published | |||||||
| Application No. | 1254483 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-16-2012 | |||||||
| Trademark Paraguay | TM1647PY05 | |||||||
|
Tri-Leaf device |
||||||||
| Status: | Pending | |||||||
| Application No. | 1254484 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplement made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
11-16-2012 | |||||||
| Trademark Paraguay | TM1647PY29 | |||||||
|
Tri-Leaf device |
||||||||
| Status: | Pending | |||||||
| Application No. | 1254485 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-16-2012 | |||||||
507/745
| 3/4/2014 | Portfolio Report |
| Trademark Paraguay | TM1647PY30 | |||||||
|
Tri-Leaf device |
||||||||
| Status: | Pending | |||||||
| Application No. | 1254486 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snacks; snack foods; powder for making tea-based, cocoa-based beverages; powder for making herbal food beverages; herbal teas and herbal infusions; culinary herbs; herb tea for food purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-16-2012 | |||||||
| Trademark Paraguay | TM1647PY35 | |||||||
|
Tri-Leaf device |
||||||||
| Status: | Pending | |||||||
| Application No. | 1254488 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-16-2012 | |||||||
| Trademark Paraguay | TM1647PY41 | |||||||
|
Tri-Leaf device |
||||||||
| Status: | Published | |||||||
| Application No. | 1254489 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Services in providing information about human health, nutrition, fitness and exercise. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-16-2012 | |||||||
| Trademark Paraguay | TM1033PY05 | |||||||
|
TRI-SHIELD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 37258 | Registration No. | 289499 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-30-2005 | Registration Date | 06-02-2006 | |||||
| Next Renewal | 06-02-2016 | |||||||
508/745
| 3/4/2014 | Portfolio Report |
| Trademark Peru | TM1001PE01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 225226 | Registration No. | 14112 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements consisting of vitamins, minerals, herbs and protein, all in the form of tablets or powders or in liquid form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-28-1995 | Next Renewal | 02-28-2015 | |||||
| Trademark Peru | TM1001PE00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 184685 | Registration No. | 1980 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoo for hair, hair rinses, hair reconditioners, skin cleansers, moisturizers, facial creams, shaving creams, suntan oils and tanning lotions. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 10-15-1993 | Next Renewal | 10-15-2023 | |||||
| Trademark Peru | TM1555PE00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 514422 | Registration No. | 197256 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snacks; snack foods; powder for making tea-based, cocoa-based beverages; powder for making herbal food beverages; herbal teas and herbal infusions; culinary herbs; herb tea for food purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-16-2012 | Registration Date | 04-04-2013 | |||||
| Next Renewal | 04-04-2023 | |||||||
| Trademark Peru | TM1566PE35 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 75847 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; business management; business administration; office functions; services to assist other with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 04-04-2013 | Next Renewal | 04-04-2023 | |||||
509/745
| 3/4/2014 | Portfolio Report |
| Trademark Peru | TM1559PE00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 514423 | Registration No. | 197257 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices and other preparations for making beverages; ready-to drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and non-acoholic drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-16-2012 | Registration Date | 04-04-2013 | |||||
| Next Renewal | 04-04-2023 | |||||||
| Trademark Peru | TM1560PE00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 514421 | Registration No. | 76070 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Services providing information about human health, nutrition, fitness, and exercise. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-16-2012 | Registration Date | 04-15-2013 | |||||
| Next Renewal | 04-15-2023 | |||||||
| Trademark Peru | TM1561PE00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 196622 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Foods and snacks made form processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 03-11-2013 | Next Renewal | 03-11-2023 | |||||
510/745
| 3/4/2014 | Portfolio Report |
| Trademark Peru | TM1006PE00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 181934 | Registration No. | 00564 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, facial creams, shaving creams, suntan oils and suntan lotions. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 06-24-1993 | Next Renewal | 06-24-2023 | |||||
| Trademark Peru | TM1006PE01 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 182104 | Registration No. | 387 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements consisting of vitamins, minerals, herbs and protein, all in the form of tablets or powders or in liquid form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 06-23-1993 | Next Renewal | 06-23-2023 | |||||
| Trademark Peru | TM1562PE00 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 196311 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International of America, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices and other preparations for making beverages; ready-to drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and non-alcoholic drinks. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-25-2013 | Next Renewal | 02-25-2023 | |||||
| Trademark Peru | TM1563PE35 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 75422 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; business management; business administration; office functions; services to assist other with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-25-2013 | Next Renewal | 02-25-2023 | |||||
511/745
| 3/4/2014 | Portfolio Report |
| Trademark Peru | TM1564PE41 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 75423 | |||||||
| Application | Without Priority | |||||||
| Type: | ||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 41 | |||||||
| List of Goods | ||||||||
| 41 | Services providing information about human health, nutrition, fitness and exercise. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-25-2013 | Next Renewal | 02-25-2023 | |||||
| Trademark Peru | TM1565PE00 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 197742 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners, and sprays; hand lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths impregnated with cosmetic lotions; skin whitening products; skin care cosmetic products. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 04-15-2013 | Next Renewal | 04-15-2023 | |||||
| Trademark Peru | TM1567PE05 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 198207 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Healthcare products (dietary supplements), health food supplements made principally of vitamins, health food supplement made principally of minerals, healthcare products (dietary supplements) for persons with dietary requirements, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 05-02-2013 | Next Renewal | 05-02-2023 | |||||
| Trademark Peru | TM1006PE29 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 514429 | Registration No. | 196310 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts;snack foods, snacks containing cooked nuts, snacks containing dried nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk predominating, milk products, protein for human consumption, protein for human consumption in the form off protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-25-2013 | Next Renewal | 02-25-2023 | |||||
512/745
| 3/4/2014 | Portfolio Report |
513/745
| 3/4/2014 | Portfolio Report |
| Trademark Peru | TM1085PE01 | |||||||
|
LIFE & VICTORY |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 21037 | ||||||
| Application | Without Priority | |||||||
| Type: | ||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Tea. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 05-22-1995 | Next Renewal | 05-22-2015 | |||||
| Trademark Peru | TM1085PE02 | |||||||
|
LIFE & VICTORY |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 10881 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 10-19-1994 | Next Renewal | 10-19-2014 | |||||
| Trademark Peru | TM1085PE03 | |||||||
|
LIFE & VICTORY |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 18961 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-24-1995 | Next Renewal | 05-24-2015 | |||||
| Trademark Peru | TM1085PE04 | |||||||
|
LIFE & VICTORY |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 10880 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 10-19-1994 | Next Renewal | 10-19-2014 | |||||
514/745
| 3/4/2014 | Portfolio Report |
| Trademark Peru | TM1530PE00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
485128 | Registration No. | 201378 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-01-2012 | Registration Date | 06-20-2013 | |||||
| Next Renewal | 06-20-2023 | |||||||
| Trademark Peru | TM1664PE32 | |||||||
|
NITEWORKS |
||||||||
| Status: | Published | |||||||
|
Application No. |
561985 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic drinks. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
01-24-2014 | |||||||
| Trademark Peru | TM1021PE00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
504472 | Registration No. | 193629 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Gels, lotions, and creams for the face and body. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
08-17-2012 | Registration Date | 11-16-2012 | |||||
| Next Renewal | 11-16-2022 | |||||||
| Trademark Peru | TM1038PE02 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
Registration No. | 110416 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
|
Registration Date |
11-17-2005 | Next Renewal | 11-17-2015 | |||||
515/745
| 3/4/2014 | Portfolio Report |
| Trademark Peru | TM1038PE03 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 110415 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 11-17-2005 | Next Renewal | 11-17-2015 | |||||
| Trademark Peru | TM1038PE04 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 243867 | Registration No. | 110418 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Tea; herbal tea. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 11-17-2005 | Next Renewal | 11-17-2015 | |||||
| Trademark Peru | TM1038PE05 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 250807 | Registration No. | 110882 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Soy-based food beverages; powdered mixes for soy-based protein food beverages. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 12-05-2005 | Next Renewal | 12-05-2015 | |||||
| Trademark Peru | TM1038PE00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 243866 | Registration No. | 110417 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 11-17-2005 | Next Renewal | 11-17-2015 | |||||
516/745
| 3/4/2014 | Portfolio Report |
| Trademark Peru | TM1038PE01 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 40084 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 11-17-2005 | Next Renewal | 11-17-2015 | |||||
| Trademark Peru | TM1040PE00 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 111279 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 12-16-2005 | Next Renewal | 12-16-2015 | |||||
| Trademark Peru | TM1040PE01 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Cancelled | |||||||
| Application No. | 243859 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 05-31-2005 | |||||||
| Trademark Peru | TM1040PE02 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 40295 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 12-12-2005 | Next Renewal | 12-12-2015 | |||||
517/745
| 3/4/2014 | Portfolio Report |
| Trademark Peru | TM1040PE03 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 243864 | Registration No. | 111280 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas; herbal teas. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 12-16-2005 | Next Renewal | 12-16-2015 | |||||
| Trademark Peru | TM1089PE00 | |||||||
|
SOFT GREEN |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 388168 | Registration No. | 157711 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Soaps, body and face lotions, body and face gels, bath oils for the bath and shower, deodorants for personal use. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-04-2009 | Registration Date | 10-16-2009 | |||||
| Next Renewal | 10-16-2019 | |||||||
| Trademark Peru | TM1025PE01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 23539 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements comprised of herbs, in tablet or liquid form. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 02-05-1996 | Next Renewal | 02-05-2016 | |||||
518/745
| 3/4/2014 | Portfolio Report |
| Trademark Peru | TM1025PE02 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 16232 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 06-14-1995 | Next Renewal | 06-14-2015 | |||||
| Trademark Peru | TM1025PE00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 16233 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 06-14-1995 | Next Renewal | 06-14-2015 | |||||
| Trademark Peru | TM1027PE00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 303090 | Registration No. | 46178 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-14-2007 | Next Renewal | 05-14-2017 | |||||
| Trademark Peru | TM1027PE01 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 303091 | Registration No. | 127234 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-14-2007 | Next Renewal | 05-14-2017 | |||||
519/745
| 3/4/2014 | Portfolio Report |
| Trademark Peru | TM1027PE02 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 140131 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas; herbal teas. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 06-10-2008 | Next Renewal | 06-10-2018 | |||||
| Trademark Peru | TM1027PE05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | 127235 | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 05-14-2007 | Next Renewal | 05-14-2017 | |||||
| Trademark Peru | TM1027PE03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 303174 | Registration No. | 141999 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 07-17-2008 | Next Renewal | 07-17-2018 | |||||
| Trademark Peru | TM1027PE04 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 308707 | Registration No. | 154126 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Preparations for making beverages, consisting of protein, vitamins and minerals, in powder form for medical use. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-14-2007 | Registration Date | 06-22-2009 | |||||
| Next Renewal | 06-22-2019 | |||||||
520/745
| 3/4/2014 | Portfolio Report |
521/745
| 3/4/2014 | Portfolio Report |
522/745
| 3/4/2014 | Portfolio Report |
523/745
| 3/4/2014 | Portfolio Report |
524/745
| 3/4/2014 | Portfolio Report |
525/745
| 3/4/2014 | Portfolio Report |
526/745
| 3/4/2014 | Portfolio Report |
| Trademark Philippines | TM1073PH00 | |||||||
|
VITESSENCE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 4-1995-106757 | Registration No. | 4-1995-106757 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Toilet preparations, powders, perfumes, colognes, body oils, body lotions, body creams, bath oils, soaps, deodorants and aftershave preparations, preparations for the treatment and cleansing of skin, hair and body, preparations for the shower and bath, dentifrices; all included in Class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-01-1995 | Registration Date | 01-15-2002 | |||||
| Next Renewal | 01-15-2022 | |||||||
| Trademark Poland | TM1031PL00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 166151 | Registration No. | 116472 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-05-1996 | Registration Date | 06-21-2000 | |||||
| Next Renewal | 11-05-2016 | |||||||
| Trademark Poland | TM1068PL00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 137393 | Registration No. | 92672 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-25-1994 | Registration Date | 12-13-1996 | |||||
527/745
| 3/4/2014 | Portfolio Report |
| Trademark Poland | TM1107PL00 | |||||||
|
FIBERBOND |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
162334 | Registration No. | 110686 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-19-1996 | Registration Date | 11-24-1999 | |||||
| Next Renewal | 07-19-2016 | |||||||
| Trademark Poland | TM1080PL00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 162332 | Registration No. | 111272 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-19-1996 | Registration Date | 12-08-1999 | |||||
| Next Renewal | 07-19-2016 | |||||||
| Trademark Poland | TM1001PL00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 116938 | Registration No. | 83649 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-04-1992 | Registration Date | 07-05-1995 | |||||
| Next Renewal | 12-04-2012 | |||||||
528/745
| 3/4/2014 | Portfolio Report |
| Trademark Poland | TM1001PL01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 130561 | Registration No. | 89605 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-08-1994 | Registration Date | 04-25-1996 | |||||
| Next Renewal | 03-08-2014 | |||||||
| Trademark Poland | TM1001PL02 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 124801 | Registration No. | 93804 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29, 32 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-08-1993 | Registration Date | 10-06-1997 | |||||
| Next Renewal | 09-08-2013 | |||||||
| Trademark Poland | TM1006PL00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 116939 | Registration No. | 83650 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-04-1992 | Registration Date | 12-04-1992 | |||||
| Next Renewal | 12-04-2012 | |||||||
| Trademark Poland | TM1006PL01 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 130560 | Registration No. | 96596 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-08-1994 | Registration Date | 03-08-1994 | |||||
| Next Renewal | 03-08-2014 | |||||||
529/745
| 3/4/2014 | Portfolio Report |
| Trademark Poland | TM1006PL02 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 124802 | Registration No. | 93805 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29, 32 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-08-1993 | Registration Date | 09-08-1993 | |||||
| Next Renewal | 09-08-2013 | |||||||
| Trademark Poland | TM1164PL00 | |||||||
|
HERBALIFE RADIANT C |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 262235 | Registration No. | 179304 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Products for skin care for face and body, including creams, lotions, cleansers, peeling products, moisturizers and fresheners, shampoos, conditioners and products for the treatment and styling agents. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-14-2003 | Registration Date | 02-27-2007 | |||||
| Next Renewal | 03-14-2023 | |||||||
| Trademark Poland | TM1016PL00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 235350 | Registration No. | 159230 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29, 30 | |||||||
| List of Goods | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 05-10-2001 | Registration Date | 07-22-2005 | |||||
| Next Renewal | 05-10-2021 | |||||||
530/745
| 3/4/2014 | Portfolio Report |
| Trademark Poland | TM1173PL00 | |||||||
|
JA HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 135821 | Registration No. | 97367 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-13-1994 | Registration Date | 07-13-1994 | |||||
| Next Renewal | 07-13-2014 | |||||||
| Trademark Poland | TM1062PL00 | |||||||
|
NATURES MIRROR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 151461 | Registration No. | 110340 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-20-1995 | Registration Date | 11-17-1999 | |||||
| Next Renewal | 09-20-2015 | |||||||
| Trademark Poland | TM1007PL00 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 239309 | Registration No. | 192860 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-07-2001 | Registration Date | 01-17-2008 | |||||
| Next Renewal | 08-07-2011 | |||||||
| Trademark Poland | TM1042PL00 | |||||||
|
THERMO COMPLETE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 266396 | Registration No. | 173078 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements; additives for foodstuff; dietetic substances. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-18-2003 | Registration Date | 08-28-2006 | |||||
| Next Renewal | 06-18-2023 | |||||||
531/745
| 3/4/2014 | Portfolio Report |
| Trademark Poland | TM1025PL00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Invalid/Cancelled | |||||||
| Application No. | 124799 | Registration No. | 86057 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-08-1993 | Registration Date | 09-27-1995 | |||||
| Next Renewal | 09-08-2013 | |||||||
| Trademark Poland | TM1025PL01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 131933 | Registration No. | 90159 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30, 32 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 04-11-1994 | Registration Date | 05-30-1996 | |||||
| Next Renewal | 04-11-2014 | |||||||
| Trademark Poland | TM1110PL01 | |||||||
|
THERMOJETICS & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 124800 | Registration No. | 86058 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-08-1993 | Registration Date | 07-06-1995 | |||||
| Next Renewal | 09-08-2013 | |||||||
532/745
| 3/4/2014 | Portfolio Report |
| Trademark Poland | TM1110PL00 | |||||||
|
THERMOJETICS & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 131932 | Registration No. | 90158 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30, 32 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 04-11-1994 | Registration Date | 05-30-1996 | |||||
| Next Renewal | 04-11-2014 | |||||||
| Trademark Poland | TM1027PL00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 162333 | Registration No. | 111275 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-19-1996 | Registration Date | 12-08-1999 | |||||
| Next Renewal | 07-19-2016 | |||||||
| Trademark Portugal | TM1165PT00 | |||||||
|
A MISSÃO É A NUTRIÇÃO! |
||||||||
| Status: | Cancelled | |||||||
| Application No. | 281967 | Registration No. | 281967 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, medicinal herbs, medicinal products and analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-07-1992 | Registration Date | 12-06-1993 | |||||
| Next Renewal | 12-06-2013 | |||||||
533/745
| 3/4/2014 | Portfolio Report |
| Trademark Portugal | TM1455PT00 | |||||||
|
APIO NUTRICIONAL PARA ATHLETAS 24H POR DIA |
||||||||
| Status: | Cancelled | |||||||
| Application | 486959 | |||||||
| Type: | Without Priority | |||||||
| Classes: | 05, 29, 32 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements containing minerals | |||||||
| 29 | Dietary supplements; nutritional supplements; foods consisting of powdered preparations; food supplements containing proteins, minerals, and vitamins (non medicinal purposes) | |||||||
| 32 | Sports drinks (isotonic); Preparations for making drinks, (namely substances containing proteins, minerals, and vitamins not included in other classes) | |||||||
| Trademark Portugal | TM1031PT00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 221706 | Registration No. | 221706 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, herbs for medical use, medical products and analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-13-1983 | Registration Date | 02-09-1990 | |||||
| Next Renewal | 02-09-2020 | |||||||
| Trademark Portugal | TM1001PT00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 221635 | Registration No. | 221635 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Products for skin cleansing, hydrating products, toners, creams and gels for the skin. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-06-1983 | Registration Date | 03-28-1990 | |||||
| Next Renewal | 03-28-2020 | |||||||
| Trademark Portugal | TM1001PT01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 221636 | Registration No. | 221636 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, lotions, rinses and products for the hair. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-06-1983 | Registration Date | 03-28-1990 | |||||
| Next Renewal | 03-28-2020 | |||||||
534/745
| 3/4/2014 | Portfolio Report |
| Trademark Portugal | TM1001PT02 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 221637 | Registration No. | 221637 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, medicinal herbs, medicinal products and analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-06-1983 | Registration Date | 04-09-1990 | |||||
| Next Renewal | 04-09-2020 | |||||||
| Trademark Portugal | TM1001PT03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 221638 | Registration No. | 221638 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Protein preparations and herbal preparations used as dietary supplements and soups. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-06-1983 | Registration Date | 03-28-1990 | |||||
| Next Renewal | 03-28-2020 | |||||||
| Trademark Portugal | TM1001PT04 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 304846 | Registration No. | 304846 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Dietary drinks made from herbs, including teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-28-1994 | Registration Date | 11-06-1998 | |||||
| Next Renewal | 11-06-2018 | |||||||
| Trademark Portugal | TM1001PT05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 304847 | Registration No. | 304847 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-28-1994 | Registration Date | 10-10-1995 | |||||
| Next Renewal | 10-10-2015 | |||||||
535/745
| 3/4/2014 | Portfolio Report |
| Trademark Portugal | TM1006PT00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 338775 | Registration No. | 338775 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely self-tanning creams for the body. | |||||||
| 05 | Dietary and nutritional supplements, all based on vitamins, minerals, herbs, protein and fiber, all in the form of tablets, liquids, capsules or powder. | |||||||
| 30 | Teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-28-1999 | Registration Date | 03-08-2000 | |||||
| Next Renewal | 03-08-2020 | |||||||
| Trademark Portugal | TM1168PT00 | |||||||
|
HERBALIFE FÓRMULA 1 |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 282446 | Registration No. | 282446 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, medicinal herbs, medicinal products and analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-27-1992 | Registration Date | 12-10-1993 | |||||
| Next Renewal | 12-10-2023 | |||||||
| Trademark Portugal | TM1169PT00 | |||||||
|
HERBALIFE FÓRMULA 2 |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 282447 | Registration No. | 282447 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, medicinal herbs, medicinal products and analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-27-1992 | Registration Date | 12-10-1993 | |||||
| Next Renewal | 12-10-2023 | |||||||
536/745
| 3/4/2014 | Portfolio Report |
| Trademark Portugal | TM1170PT00 | |||||||
|
HERBALIFE FÓRMULA 3 |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 282448 | Registration No. | 282448 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, medicinal herbs, medicinal products and analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-27-1992 | Registration Date | 12-10-1993 | |||||
| Next Renewal | 12-10-2023 | |||||||
| Trademark Portugal | TM1171PT00 | |||||||
|
HERBALIFE GUARANA |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 282445 | Registration No. | 282445 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, medicinal herbs, medicinal products and analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-27-1992 | Registration Date | 12-10-1993 | |||||
| Next Renewal | 12-10-2023 | |||||||
| Trademark Portugal | TM1016PT00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 221707 | Registration No. | 221707 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, herbs for medical use, medical products and analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-13-1983 | Registration Date | 03-02-1990 | |||||
| Next Renewal | 03-02-2020 | |||||||
| Trademark Portugal | TM1166PT00 | |||||||
|
PERCA PESO AGORA. PERGUNTE-ME COMO. |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 281966 | Registration No. | 281966 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, medicinal herbs, medicinal products and analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-07-1992 | Registration Date | 12-06-1993 | |||||
| Next Renewal | 12-06-2013 | |||||||
537/745
| 3/4/2014 | Portfolio Report |
538/745
| 3/4/2014 | Portfolio Report |
539/745
| 3/4/2014 | Portfolio Report |
| Trademark Qatar | TM1001QA05 | |||
|
HERBALIFE |
||||
| Status: | Published | |||
| Application No. | 60694 | |||
| Application Type: | Without Priority | |||
| Applicant: | Herbalife International, Inc. | |||
| Classes: | 05 | |||
| List of Goods | ||||
| 05 | Food supplements. | |||
| Diary Dates: | ||||
| Application Date | 12-24-2010 | |||
| Trademark Qatar | TM1001QA29 | |||
|
HERBALIFE |
||||
| Status: | Published | |||
| Application No. | 60695 | |||
| Application Type: | Without Priority | |||
| Applicant: | Herbalife International, Inc. | |||
| Classes: | 29 | |||
| List of Goods | ||||
| 29 | Protein foodstuffs for human consumption, in International Class 29. | |||
| Diary Dates: | ||||
| Application Date | 01-24-2010 | |||
| Trademark Qatar | TM1001QA35 | |||
|
HERBALIFE |
||||
| Status: | Pending | |||
| Application No. | 60698 | |||
| Application Type: | Without Priority | |||
| Applicant: | Herbalife International, Inc. | |||
| Classes: | 35 | |||
| List of Goods | ||||
| 35 | Local Class 35.20: Substances for the preparation of beverages in general. | |||
| Diary Dates: | ||||
| Application Date | 12-24-2010 | |||
| Trademark Qatar | TM1001QA30 | |||
|
HERBALIFE |
||||
| Status: | Published | |||
| Application No. | 60696 | |||
| Application Type: | Without Priority | |||
| Applicant: | Herbalife International, Inc. | |||
| Classes: | 30 | |||
| List of Goods | ||||
| 30 | Preparations for making herbal teas. | |||
| Diary Dates: | ||||
| Application Date | 01-24-2010 | |||
540/745
| 3/4/2014 | Portfolio Report |
| Trademark Qatar | TM1001QA03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Pending | |||||||
| Application No. | 60693 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, lotions, gels, washes, sprays, milks, and masks for the face and body; soaps; fragrances. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-24-2010 | |||||||
| Trademark Qatar | TM1027QA29 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Pending | |||||||
| Application No. | 60702 | |||||||
| Application Type: | With Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Snack foods; soup mixes; powdered meal replacement foods. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-24-2010 | |||||||
| Trademark Qatar | TM1027QA35 | |||||||
| Tri-Leaf Design | ||||||||
| Status: | Published | |||||||
| Application No. | 60705 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Information about operating a small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-24-2010 | |||||||
| Trademark Qatar | TM1027QA05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Published | |||||||
| Application No. | 60701 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-24-2010 | |||||||
541/745
| 3/4/2014 | Portfolio Report |
| Trademark Qatar | TM1027QA30 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Published | |||||||
| Application No. | 60703 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-24-2010 | |||||||
| Trademark Qatar | TM1027QA32 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Published | |||||||
| Application No. | 60704 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-24-2010 | |||||||
| Trademark Qatar | TM1027QA42 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Published | |||||||
| Application No. | 60706 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-24-2010 | |||||||
| Trademark Romania | TM1068RO00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 32904 | Registration No. | 23470 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-31-1994 | Registration Date | 06-22-1998 | |||||
| Next Renewal | 10-31-2014 | |||||||
| Trademark Romania | TM1080RO00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 32774 | Registration No. | 23120 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-12-1994 | Registration Date | 06-03-1998 | |||||
| Next Renewal | 10-12-2014 | |||||||
542/745
| 3/4/2014 | Portfolio Report |
543/745
| 3/4/2014 | Portfolio Report |
544/745
| 3/4/2014 | Portfolio Report |
545/745
| 3/4/2014 | Portfolio Report |
546/745
| 3/4/2014 | Portfolio Report |
547/745
| 3/4/2014 | Portfolio Report |
548/745
| 3/4/2014 | Portfolio Report |
549/745
| 3/4/2014 | Portfolio Report |
550/745
| 3/4/2014 | Portfolio Report |
| Trademark Russian Federation | TM1068RU00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94035597 | Registration No. | 137113 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-06-1994 | Registration Date | 01-25-1996 | |||||
| Next Renewal | 10-06-2014 | |||||||
| Trademark Russian Federation | TM1030RU00 | |||||||
|
DINOMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 96710916 | Registration No. | 157112 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-22-1996 | Registration Date | 10-13-1997 | |||||
| Next Renewal | 08-22-2016 | |||||||
| Trademark Russian Federation | TM1080RU00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 95700911 | Registration No. | 141152 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 01-27-1995 | Registration Date | 04-15-1996 | |||||
| Next Renewal | 01-27-2015 | |||||||
551/745
| 3/4/2014 | Portfolio Report |
| Trademark Russian Federation | TM1083RU00 | |||||||
|
H3O PRO |
||||||||
| Status: | Registered | |||||||
| Application No. | 2008706929 | Registration No. | 402045 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-11-2008 | |||||||
| Trademark Russian Federation | TM1001RU00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2009720753 | Registration No. | 429452 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35, 41, 43, 44 | |||||||
| List of Goods | ||||||||
| 03 | soaps, perfumery, essential oils, cosmetics, including cosmetic shaving preparations, cosmetic preparations for face care, hair lotions, shampoos. | |||||||
| 05 | pharmaceutical, veterinary and sanitary preparations, dietetic substances adapted for medical use, food for babies, medicinal herbs tea, medicinal tea for slimming purposes. | |||||||
| 29 | meat, fish, poultry and game, meat extracts; preserved, dried and cooked fruits and vegetables, jellies, jams, eggs, milk and milk products, edible oils and fats. | |||||||
| 30 | coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments), spices, ice. | |||||||
| 32 | mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. | |||||||
| 35 | advertising; business operations, sales promotion (for others), namely sales promotion. | |||||||
| 41 | education. | |||||||
| 43 | services for providing food and consultations related thereto. | |||||||
| 44 | hygienic and beauty care and consultations related thereto. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-25-2009 | Registration Date | 02-03-2011 | |||||
| Next Renewal | 11-25-2019 | |||||||
| Trademark Russian Federation | TM1176RU00 | |||||||
|
HERBALIFE & Cyrillic FEEL GREAT NOW, ASK ME HOW |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94005885 | Registration No. | 123175 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-1994 | Registration Date | 01-27-1995 | |||||
| Next Renewal | 02-24-2014 | |||||||
552/745
| 3/4/2014 | Portfolio Report |
| Trademark Russian Federation | TM1175RU00 | |||||||
|
HERBALIFE & Cyrillic LOSE WEIGHT NOW, ASK ME HOW |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94005884 | Registration No. | 123174 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-1994 | Registration Date | 01-27-1995 | |||||
| Next Renewal | 02-24-2014 | |||||||
| Trademark Russian Federation | TM1006RU00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94005879 | Registration No. | 123169 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35, 41, 42 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| 41 | ||||||||
| 42 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-1994 | Registration Date | 01-27-1995 | |||||
| Next Renewal | 02-24-2014 | |||||||
| Trademark Russian Federation | TM1240RU00 | |||||||
|
Herbalife (stack) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2009730519 | Registration No. | 429462 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 03, 05, 29, 30, 32, 35, 41, 43, 44 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| 41 | ||||||||
| 43 | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-27-2009 | Registration Date | 02-03-2011 | |||||
| Next Renewal | 11-27-2019 | |||||||
553/745
| 3/4/2014 | Portfolio Report |
| Trademark Russian Federation | TM1124RU00 | |||||||
|
HERBALIFE (stylized) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94005880 | Registration No. | 123170 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35, 41, 42 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| 41 | ||||||||
| 42 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-1994 | Registration Date | 01-27-1995 | |||||
| Next Renewal | 02-24-2014 | |||||||
| Trademark Russian Federation | TM1625RU00 | |||||||
|
HERBALIFE (water filters) |
||||||||
| Status: | Registered | |||||||
| Application No. | 2013736728 | Registration No. | 531919 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 11, 21 | |||||||
| List of Goods | ||||||||
| 11 | Water purification apparatus, including water filtration canisters and water filters thereof; special containers for storage of filtering water (water purification apparatus accessories). | |||||||
| 21 | Water containers for household or kitchen use. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-24-2013 | |||||||
| Trademark Russian Federation | TM1177RU00 | |||||||
|
HERBALIFE in Cyrillic |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94005882 | Registration No. | 123172 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35, 41, 42 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| 41 | ||||||||
| 42 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 02-24-1994 | Registration Date | 01-27-1995 | |||||
| Next Renewal | 02-24-2014 | |||||||
554/745
| 3/4/2014 | Portfolio Report |
| Trademark Russian Federation | TM1155RU00 | |||||||
|
HERBALIFE SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2003704080 | Registration No. | 289352 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care creams, gels, and lotions for the face and body, including exfoliants, cleansers, and moisturizers. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-28-2003 | Registration Date | 05-23-2005 | |||||
| Next Renewal | 02-28-2023 | |||||||
| Trademark Russian Federation | TM1016RU00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 96712897 | Registration No. | 161883 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-27-1996 | Registration Date | 03-06-1998 | |||||
| Next Renewal | 09-27-2016 | |||||||
| Trademark Russian Federation | TM1049RU00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005707174 | Registration No. | 308685 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-31-2005 | Registration Date | 06-16-2006 | |||||
| Next Renewal | 03-31-2015 | |||||||
555/745
| 3/4/2014 | Portfolio Report |
| Trademark Russian Federation | TM1062RU00 | |||||||
|
NATURES MIRROR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 95710218 | Registration No. | 150602 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-13-1995 | Registration Date | 03-14-1997 | |||||
| Next Renewal | 09-13-2015 | |||||||
| Trademark Russian Federation | TM1010RU00 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005705428 | Registration No. | 306285 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-15-2005 | Registration Date | 05-05-2006 | |||||
| Next Renewal | 03-15-2015 | |||||||
| Trademark Russian Federation | TM1587RU32 | |||||||
|
Niteworks in Cyrillc characters |
||||||||
| Status: | Registered | |||||||
| Application No. | 2013726603 | Registration No. | 525713 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages; preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-02-2013 | |||||||
| Trademark Russian Federation | TM1021RU00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005705430 | Registration No. | 303661 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 30 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-15-2005 | Registration Date | 03-27-2006 | |||||
| Next Renewal | 03-15-2015 | |||||||
556/745
| 3/4/2014 | Portfolio Report |
| Trademark Russian Federation | TM1248RU05 | |||||||
|
QUICKSPARK |
||||||||
| Status: | Registered/Granted | |||||||
| Registration No. | 445974 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| Diary Dates: | ||||||||
| Registration Date | 10-18-2011 | Next Renewal | 08-30-2020 | |||||
| Trademark Russian Federation | TM1036RU00 | |||||||
|
RADIANT C (stylized) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2001729925 | Registration No. | 237971 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-02-2001 | Registration Date | 02-10-2003 | |||||
| Next Renewal | 10-02-2021 | |||||||
| Trademark Russian Federation | TM1038RU00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Cancelled | |||||||
| Application No. | 2004711190 | Registration No. | 319819 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 08, 09, 10, 14, 16, 18, 21, 25, 28, 29, 30, 32, 35, 38, 41 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 08 | ||||||||
| 09 | ||||||||
| 10 | ||||||||
| 14 | ||||||||
| 16 | ||||||||
| 18 | ||||||||
| 21 | ||||||||
| 25 | ||||||||
| 28 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| 35 | ||||||||
| 38 | ||||||||
| 41 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 05-21-2004 | Registration Date | 01-22-2007 | |||||
| Next Renewal | 05-21-2014 | |||||||
557/745
| 3/4/2014 | Portfolio Report |
| Trademark Russian Federation | TM1097RU00 | |||||||
|
SCHIZANDRA PLUS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 96712899 | Registration No. | 164334 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-27-1996 | Registration Date | 05-15-1998 | |||||
| Next Renewal | 09-27-2016 | |||||||
| Trademark Russian Federation | TM1040RU00 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2004711192 | Registration No. | 285053 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30, 32, 41 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| 41 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 05-21-2004 | Registration Date | 03-24-2005 | |||||
| Next Renewal | 05-21-2014 | |||||||
| Trademark Russian Federation | TM1042RU00 | |||||||
|
THERMO COMPLETE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2006725357 | Registration No. | 342364 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-04-2006 | Registration Date | 01-28-2008 | |||||
| Next Renewal | 09-04-2016 | |||||||
558/745
| 3/4/2014 | Portfolio Report |
559/745
| 3/4/2014 | Portfolio Report |
560/745
| 3/4/2014 | Portfolio Report |
561/745
| 3/4/2014 | Portfolio Report |
562/745
| 3/4/2014 | Portfolio Report |
563/745
| 3/4/2014 | Portfolio Report |
564/745
| 3/4/2014 | Portfolio Report |
565/745
| 3/4/2014 | Portfolio Report |
| Trademark Singapore | TM1034SG00 | |||||||
|
CELL ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0302312Z | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-20-2003 | Registration Date | 03-16-2004 | |||||
| Next Renewal | 02-20-2023 | |||||||
| Trademark Singapore | TM1031SG00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0302313H | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-20-2003 | Registration Date | 08-04-2003 | |||||
| Next Renewal | 02-20-2023 | |||||||
| Trademark Singapore | TM1080SG00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Refused/Cancelled | |||||||
| Application No. | Registration No. | T0302317J | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-20-2003 | Registration Date | 08-11-2003 | |||||
| Next Renewal | 02-20-2013 | |||||||
566/745
| 3/4/2014 | Portfolio Report |
| Trademark Singapore | TM1080SG01 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Refused/Cancelled | |||||||
| Application No. | Registration No. | T0302318I | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Preparations in the form of powder for making drinks, herbal beverages (other than for medicinal use) in powdered or mixable forms (not ready to drink). | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-20-2003 | Registration Date | 03-24-2004 | |||||
| Next Renewal | 02-20-2013 | |||||||
| Trademark Singapore | TM1001SG04 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T8301045C | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, lotions, rinsing preparations and conditioning preparations, all for the hair; cleansers, moisturizers, toners, creams, ointments, gels and lotions, all being non-medicated toilet preparations; all containing herbs or extracts of herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-02-1983 | Registration Date | 04-02-1988 | |||||
| Next Renewal | 03-02-2024 | |||||||
| Trademark Singapore | TM1001SG01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T8301047Z | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Protein preparations, included in Class 29; soups; all containing herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-02-1983 | Registration Date | 05-30-1989 | |||||
| Next Renewal | 03-02-2024 | |||||||
| Trademark Singapore | TM1001SG02 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0302321I | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Farinaceous foods, additives (non-medicated) for foodstuffs and prepared food mixes being dry beverage mixes, ready-to-eat snack foods and food supplements for human consumption [other than medicated, or predominantly of vitamins, minerals or trace elements]. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-20-2003 | Registration Date | 08-16-2004 | |||||
| Next Renewal | 02-20-2023 | |||||||
567/745
| 3/4/2014 | Portfolio Report |
| Trademark Singapore | TM1001SG03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0711058B | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic drinks; preparations for making non-alcoholic drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-21-2007 | Registration Date | 09-04-2007 | |||||
| Next Renewal | 05-21-2017 | |||||||
| Trademark Singapore | TM1001SG00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T8301046A | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations; mineral preparations included in Class 5; analgesic preparations; linseed preparations, all for medicinal purposes; all containing herbs or herbal extracts; herbs, all for medicinal purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-02-1983 | Registration Date | 05-31-1990 | |||||
| Next Renewal | 03-02-2024 | |||||||
| Trademark Singapore | TM1001SG35 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | T1207435A | Registration No. | T1207435A | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; business management; business administration; office functions; retail services, namely selling and marketing of products through direct or network sales. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 05-24-2012 | Next Renewal | 05-24-2022 | |||||
568/745
| 3/4/2014 | Portfolio Report |
| Trademark Singapore | TM1006SG00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0317775E | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin creams, lotions exfoliants, and toners, body washes, moisturizing sprays, fragrances, shampoos, conditioners, hair sprays, and styling lotions and gels, mens toiletries, including shaving creams and after-shave products, skin brightening creams, lotions, and masks and sun protectant skin care products. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-04-2003 | Registration Date | 04-11-2006 | |||||
| Next Renewal | 11-04-2023 | |||||||
| Trademark Singapore | TM1006SG01 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0317776C | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements for medical use; vitamins; circulatory, digestive, and sexual health products [medicinal], herbal extracts for medicinal purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-04-2003 | Registration Date | 02-06-2006 | |||||
| Next Renewal | 11-04-2023 | |||||||
| Trademark Singapore | TM1006SG02 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0317777A | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Farinaceous foods, additives (non-medicated) for foodstuffs and prepared food mixes being dry beverage mixes, ready to eat snack foods and food supplements for human consumption [other than medicated, or predominantly of vitamins, minerals or trace elements]. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-04-2003 | Registration Date | 11-16-2004 | |||||
| Next Renewal | 11-04-2023 | |||||||
| Trademark Singapore | TM1006SG03 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0317778Z | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beverages containing minerals or vitamins; including beverages having a base of herbs and beverages made in part from plant or mineral extracts. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-04-2003 | Registration Date | 02-01-2005 | |||||
| Next Renewal | 11-04-2023 | |||||||
569/745
| 3/4/2014 | Portfolio Report |
| Trademark Singapore | TM1534SG03 | |||||||
|
HERBALIFE AQUA |
||||||||
| Status: | Registered/Granted | |||||||
|
Application
Type: |
Without Priority | Registration No. | T1302766G | |||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, conditioners, and hair styling products. | |||||||
| Diary Dates: | ||||||||
|
Registration
Date |
02-19-2013 | Next Renewal | 02-19-2023 | |||||
| Trademark Singapore | TM1174SG00 | |||||||
|
HERBALIFE ULTIMATE PROSTATE |
||||||||
| Status: | Refused/Cancelled | |||||||
|
Application
No. |
Registration No. | T0302315D | ||||||
|
Application
Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements. | |||||||
| Diary Dates: | ||||||||
|
Application
Date |
02-20-2003 | Registration Date | 06-06-2006 | |||||
| Next Renewal | 02-20-2013 | |||||||
| Trademark Singapore | TM1016SG00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
|
Application
No. |
Registration No. | T0302322G | ||||||
|
Application
Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements. | |||||||
| Diary Dates: | ||||||||
|
Application
Date |
02-20-2003 | Registration Date | 05-09-2006 | |||||
| Next Renewal | 02-20-2023 | |||||||
| Trademark Singapore | TM1049SG00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
|
Application
No. |
Registration No. | T0512448I | ||||||
|
Application
Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations in tablet form or in powder form for making non-alcoholic drinks and beverages. | |||||||
| Diary Dates: | ||||||||
|
Application
Date |
07-19-2005 | Registration Date | 01-03-2007 | |||||
| Next Renewal | 07-19-2015 | |||||||
570/745
| 3/4/2014 | Portfolio Report |
| Trademark Singapore | TM1049SG01 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0512446B | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; compotes; eggs, milk and milk products; edible oils and fats; snack food products which main products are proper to Class 29, snack bars which main products are proper to Class 29, prepared snack foods which main ingredients are proper to Class 29, snack foods which main ingredients are proper to Class 29. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-19-2005 | Registration Date | 03-14-2006 | |||||
| Next Renewal | 07-19-2015 | |||||||
| Trademark Singapore | TM1049SG02 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0512447J | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; foodstuffs in the form of snack foods; foodstuffs prepared in the form of snacks; snack food products, snack bars, snack foods, healthy snacks; prepared foodstuff in Class 30; all the aforesaid snack foods being in Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-19-2005 | Registration Date | 02-02-2006 | |||||
| Next Renewal | 07-19-2015 | |||||||
| Trademark Singapore | TM1010SG00 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0312542I | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages and preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-15-2003 | Registration Date | 08-15-2013 | |||||
| Next Renewal | 08-15-2023 | |||||||
571/745
| 3/4/2014 | Portfolio Report |
| Trademark Singapore | TM1010SG01 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application Type: | Without Priority | Registration No. | T03/12541J | |||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary substances for medical use. | |||||||
| Diary Dates: | ||||||||
|
Registration
Date |
03-09-2004 | Next Renewal | 08-15-2023 | |||||
| Trademark Singapore | TM1021SG00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
|
Application
No. |
Registration No. | T0507430I | ||||||
|
Application
Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, gels, lotions, washes, masks, and milks for use on the face and body. | |||||||
| Diary Dates: | ||||||||
|
Application
Date |
05-05-2005 | Registration Date | 11-08-2005 | |||||
| Next Renewal | 05-05-2015 | |||||||
| Trademark Singapore | TM1021SG01 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
|
Application
No. |
Registration No. | T0507431G | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Dietary and nutritional supplements for non-medicinal health purposes. | |||||||
| Diary Dates: | ||||||||
|
Application
Date |
05-05-2005 | Registration Date | 12-20-2005 | |||||
| Next Renewal | 05-05-2015 | |||||||
| Trademark Singapore | TM1082SG00 | |||||||
|
NRG |
||||||||
| Status: | Refused/Cancelled | |||||||
|
Application
No. |
Registration No. | T0302314F | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Herbal beverages [other than for medicinal use] in powdered or mixable forms (not ready-to-drink). | |||||||
| Diary Dates: | ||||||||
|
Application
Date |
02-20-2003 | Registration Date | 03-02-2004 | |||||
| Next Renewal | 02-20-2013 | |||||||
572/745
| 3/4/2014 | Portfolio Report |
| Trademark Singapore | TM1037SG00 | |||||||
|
RADIANT C |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0302319G | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, lotions, gels, and spray products, including moisturizers, exfoliants, scrubs, and cleansers for the body and face, excluding substances for laundry purposes, detergents (not being polishing or abrading preparations), disinfectant soap, soap for veterinary and horticultural purposes, common soap, and perfumed soap. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-20-2003 | Registration Date | 11-16-2004 | |||||
| Next Renewal | 02-20-2023 | |||||||
| Trademark Singapore | TM1038SG00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Expired | |||||||
| Application No. | Registration No. | T0417442C | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Nutritional and dietary supplements, other than for medical use; protein foods for human consumption [other than adapted for medical purposes]; meal replacement foods being in the nature of shake mixes; supplement tablets and capsules; snack bars [foodstuffs]; and soya nuts, soya bean and soya bean products; preparations made from soya beans and soya; food supplements for human consumption [other than medicated, or predominantly of vitamins, minerals or trace elements]; dietary preparations for slimming purposes; dietary supplements, preparations for use as dietetic additives for food for human consumption; protein foods for dietetic purposes, regimen preparations [dietary], other than for persons with dietary requirements due to a medical condition; milk powder for nutritional purposes [other than for babies]; herbal preparations, nutritionally balanced low-calorie prepared meals; vitamin enriched foodstuffs; all not for medical purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-14-2004 | Registration Date | 12-27-2005 | |||||
| Next Renewal | 10-14-2014 | |||||||
| Trademark Singapore | TM1038SG01 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Expired | |||||||
| Application No. | Registration No. | T0417443A | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, herbal extracts (other than for medicinal purposes), spices; beverages with coffee, tea or cocoa base. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-14-2004 | Registration Date | 10-25-2005 | |||||
| Next Renewal | 10-14-2014 | |||||||
573/745
| 3/4/2014 | Portfolio Report |
| Trademark Singapore | TM1038SG03 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Expired | |||||||
|
Application
No. |
Registration No. | T0417445H | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Services for dietary and nutritional planning, services to reduce, increase or maintain the weight of individual persons; advisory services relating to diet, counselling services relating to diet, provision of dietetic advice. | |||||||
| Diary Dates: | ||||||||
|
Application
Date |
10-14-2004 | Registration Date | 07-25-2005 | |||||
| Next Renewal | 10-14-2014 | |||||||
| Trademark Singapore | TM1038SG02 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Expired | |||||||
|
Application
No. |
Registration No. | T0417444Z | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages; preparations for making non-alcoholic beverages; beverages for use as aids to dieting; beverages containing vitamins, beverages enriched with added vitamins; non-alcoholic beverages flavoured with tea; drinks flavoured with herbs; soya bean based carbonated and non-carbonated non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
|
Application
Date |
10-14-2004 | Registration Date | 03-07-2005 | |||||
| Next Renewal | 10-14-2014 | |||||||
| Trademark Singapore | TM1040SG00 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Expired | |||||||
|
Application
No. |
Registration No. | T0417438E | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Nutritional and dietary supplements, other than for medical use; protein foods for human consumption [other than adapted for medical purposes]; meal replacement foods being in the nature of shake mixes; supplement tablets and capsules; snack bars [foodstuffs]; and soya nuts, soya bean and soya bean products; preparations made from soya beans and soya; food supplements for human consumption [other than medicated, or predominantly of vitamins, minerals or trace elements] ; dietary preparations for slimming purposes; dietary supplements, preparations for use as dietetic additives for food for human consumption; protein foods for dietetic purposes, regimen preparations [dietary], other than for persons with dietary requirements due to a medical condition; milk powder for nutritional purposes [other than for babies]; herbal preparations, nutritionally balanced low-calorie prepared meals; vitamin enriched foodstuffs; all not for medical purposes. | |||||||
| Diary Dates: | ||||||||
|
Application
Date |
10-14-2004 | Registration Date | 06-16-2005 | |||||
| Next Renewal | 10-14-2014 | |||||||
| Trademark Singapore | TM1040SG01 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Expired | |||||||
|
Application
No. |
Registration No. | T0417439C | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, herbs (other than fresh or medicinal use), spices; beverages based on coffee, tea, cocoa, herbs and spices; powdered drinks and drink mixes for use in nutritional and dietary health regimens, other than for medical purposes. | |||||||
| Diary Dates: | ||||||||
|
Application
Date |
10-14-2004 | Registration Date | 07-05-2005 | |||||
| Next Renewal | 10-14-2014 | |||||||
574/745
| 3/4/2014 | Portfolio Report |
| Trademark Singapore | TM1040SG02 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Expired | |||||||
| Application No. | Registration No. | T0417440G | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages; preparations for making non-alcoholic beverages; beverages for use as aids to dieting; beverages containing vitamins, beverages enriched with added vitamins; non-alcoholic beverages flavoured with tea; drinks flavoured with herbs; soya bean based carbonated and non-carbonated non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-14-2004 | Registration Date | 03-07-2005 | |||||
| Next Renewal | 10-14-2014 | |||||||
| Trademark Singapore | TM1040SG03 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Expired | |||||||
| Application No. | Registration No. | T0417441E | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Services for dietary and nutritional planning, services to reduce, increase or maintain the weight of individual persons; advisory services relating to diet, counselling services relating to diet, provision of dietetic advice. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-14-2004 | Registration Date | 06-22-2005 | |||||
| Next Renewal | 10-14-2014 | |||||||
| Trademark Singapore | TM1007SG00 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0302320J | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Creams, gels and lotions, including cleansers, exfoliants, and skin toners for the body and face; the aforesaid goods being cosmetics. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-20-2003 | Registration Date | 09-13-2004 | |||||
| Next Renewal | 02-20-2023 | |||||||
575/745
| 3/4/2014 | Portfolio Report |
| Trademark Singapore | TM1026SG01 | |||||||
|
TOTAL CONTROL |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0711087F | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Dietary and nutritional supplements for non-medicinal health purposes; green tea extract; yerba mate, ginger and herbs and herb extracts (other than for medicinal purposes). | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-21-2007 | Registration Date | 01-04-2008 | |||||
| Next Renewal | 05-21-2017 | |||||||
| Trademark Singapore | TM1026SG00 | |||||||
|
TOTAL CONTROL |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0302311A | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements for medical use. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-20-2003 | Registration Date | 08-03-2004 | |||||
| Next Renewal | 02-20-2023 | |||||||
| Trademark Singapore | TM1027SG03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0302324C | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements, vitamins; circulatory, digestive, and sexual healthcare products (medicinal); functional foods with herbal extracts or herbal ingredients for medicinal purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-20-2003 | Registration Date | 03-30-2004 | |||||
| Next Renewal | 02-20-2023 | |||||||
| Trademark Singapore | TM1027SG02 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0302323E | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin creams, lotions, exfoliants, and toners; body washes, moisturizing sprays, fragrances, shampoos, conditioners, hair sprays, styling lotions and gels; mens toiletries, including shaving creams and after shave products; skin brightening creams and lotions; sun protectant skin care products. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-20-2003 | Registration Date | 08-04-2003 | |||||
| Next Renewal | 02-20-2023 | |||||||
576/745
| 3/4/2014 | Portfolio Report |
| Trademark Singapore | TM1027SG00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0302326Z | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beverages containing minerals or vitamins; including beverages having a base of herbs and beverages made in part from plant or mineral extracts. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-20-2003 | Registration Date | 05-25-2004 | |||||
| Next Renewal | 02-20-2023 | |||||||
| Trademark Singapore | TM1027SG01 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | Registration No. | T0302325A | ||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Food supplements for human consumption [other than medicated, or predominantly of vitamins, minerals or trace elements]; additive [non-medicated] for foodstuffs; prepared food mixes; snack foods; all included in Class 30. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-20-2003 | Registration Date | 01-11-2005 | |||||
| Next Renewal | 02-20-2023 | |||||||
| Trademark Singapore | TM1027SG35 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | T1207436Z | Registration No. | T1207496Z | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; business management; business administration; office functions; retail services, namely selling and marketing of products through direct or network sales. | |||||||
| Diary Dates: | ||||||||
| Registration Date | 05-24-2012 | Next Renewal | 05-24-2022 | |||||
577/745
| 3/4/2014 | Portfolio Report |
578/745
| 3/4/2014 | Portfolio Report |
| Trademark Slovakia | TM1080SK00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1769-94 | Registration No. | 179820 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 08-04-1994 | Registration Date | 02-12-1998 | |||||
| Next Renewal | 08-04-2014 | |||||||
| Trademark Slovakia | TM1001SK00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 68945 | Registration No. | 174688 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, skin creams, shaving creams. | |||||||
| 05 | Vitamin, mineral, herbal and protein supplements, all in the form of tablets, powders or liquids. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-01-1992 | Registration Date | 06-01-1995 | |||||
| Next Renewal | 06-01-2022 | |||||||
| Trademark Slovakia | TM1001SK01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2348-93 | Registration No. | 178622 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 32 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-21-1993 | Registration Date | 11-22-1997 | |||||
| Next Renewal | 12-21-2013 | |||||||
579/745
| 3/4/2014 | Portfolio Report |
| Trademark Slovakia | TM1006SK00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 68944 | Registration No. | 174687 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, skin creams, shaving creams. | |||||||
| 05 | Vitamin, mineral, herbal and protein supplements, all in the form of tablets, powders or liquids. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
06-01-1992 | Registration Date | 06-01-1995 | |||||
| Next Renewal | 06-01-2022 | |||||||
| Trademark Slovakia | TM1006SK01 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
2349-93 | Registration No. | 178623 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 32 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
12-21-1993 | Registration Date | 11-22-1997 | |||||
| Next Renewal | 12-21-2013 | |||||||
| Trademark Slovakia | TM1090SK00 | |||||||
|
HERBALIFE CELLULAR NUTRITION |
||||||||
| Status: | Lapsed/Expired | |||||||
|
Application No. |
68942 | Registration No. | 176072 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 35, 39 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 35 | ||||||||
| 39 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
06-01-1992 | Registration Date | 10-26-1995 | |||||
|
Next Renewal |
06-01-2012 | |||||||
580/745
| 3/4/2014 | Portfolio Report |
581/745
| 3/4/2014 | Portfolio Report |
582/745
| 3/4/2014 | Portfolio Report |
583/745
| 3/4/2014 | Portfolio Report |
584/745
| 3/4/2014 | Portfolio Report |
585/745
| 3/4/2014 | Portfolio Report |
586/745
| 3/4/2014 | Portfolio Report |
587/745
| 3/4/2014 | Portfolio Report |
588/745
| 3/4/2014 | Portfolio Report |
589/745
| 3/4/2014 | Portfolio Report |
590/745
| 3/4/2014 | Portfolio Report |
591/745
| 3/4/2014 | Portfolio Report |
592/745
| 3/4/2014 | Portfolio Report |
| Trademark South Africa | TM1062ZA03 | |||||||
|
NATURES MIRROR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 95/13908 | Registration No. | 95/13908 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-18-1995 | Registration Date | 03-09-1999 | |||||
| Next Renewal | 10-18-2015 | |||||||
| Trademark South Africa | TM1010ZA32 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005/04704 | Registration No. | 2005/04704 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages; preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-10-2005 | Registration Date | 04-22-2008 | |||||
| Next Renewal | 03-10-2015 | |||||||
| Trademark South Africa | TM1010ZA05 | |||||||
|
NITEWORKS |
||||||||
| Status: | Pending | |||||||
| Application No. | 2005/25061 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-22-2005 | |||||||
593/745
| 3/4/2014 | Portfolio Report |
594/745
| 3/4/2014 | Portfolio Report |
595/745
| 3/4/2014 | Portfolio Report |
596/745
| 3/4/2014 | Portfolio Report |
597/745
| 3/4/2014 | Portfolio Report |
598/745
| 3/4/2014 | Portfolio Report |
599/745
| 3/4/2014 | Portfolio Report |
600/745
| 3/4/2014 | Portfolio Report |
601/745
| 3/4/2014 | Portfolio Report |
| Trademark Spain | TM1047ES00 | |||||||
|
AROMAVIE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1936745 | Registration No. | 1936745 | |||||
| Application | Without Priority | |||||||
| Type: | ||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 04 | |||||||
| List of Goods | ||||||||
| 04 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-16-1994 | Registration Date | 12-16-1994 | |||||
| Next Renewal | 12-16-2014 | |||||||
| Trademark Spain | TM1047ES01 | |||||||
|
AROMAVIE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1936744 | Registration No. | 1936744 | |||||
| Application | Without Priority | |||||||
| Type: | ||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-16-1994 | Registration Date | 12-16-1994 | |||||
| Next Renewal | 12-16-2014 | |||||||
| Trademark Spain | TM1031ES00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1045350 | Registration No. | 1045350 | |||||
| Application | Without Priority | |||||||
| Type: | ||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, herbs for medicinal use, medicinal linseed and analgesics. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-22-1983 | Registration Date | 08-22-2013 | |||||
| Next Renewal | 08-22-2023 | |||||||
| Trademark Spain | TM1080ES00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1938377 | Registration No. | 1938377 | |||||
| Application | Without Priority | |||||||
| Type: | ||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides, and especially nutritional supplements, dietetic foods, consisting of vitamins, minerals, herbs, fiber and protein, in the form of tablets, powders, capsules or liquid. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
12-23-1994 | Registration Date | 12-23-1994 | |||||
| Next Renewal | 12-23-2014 | |||||||
602/745
| 3/4/2014 | Portfolio Report |
| Trademark Spain | TM1080ES01 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1938378 | Registration No. | 1938378 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice, and especially herb-based drinks, namely teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-23-1994 | Registration Date | 12-23-1994 | |||||
| Next Renewal | 12-23-2014 | |||||||
| Trademark Spain | TM1080ES02 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1938379 | Registration No. | 1938379 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages, and especially powdered protein, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-23-1994 | Registration Date | 12-23-1994 | |||||
| Next Renewal | 12-23-2014 | |||||||
| Trademark Spain | TM1182ES00 | |||||||
|
HE PERDIDO PESO MAS DE, PREGUNTEME COMO HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1753866 | Registration No. | 1753866 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising slogan applicable to the products and services of the marks 1.030.403, 1.030.405, 1.523.531, 1.629.976, 1.629.977, 1.629.978, 1.753.703, 1.753.704, 1.753.705, 1.753.706, 1.753.707 and 1.753.708. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-31-1993 | Registration Date | 03-31-1993 | |||||
| Next Renewal | 03-31-2023 | |||||||
603/745
| 3/4/2014 | Portfolio Report |
| Trademark Spain | TM1001ES04 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2156881 | Registration No. | 2156881 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages, and especially powdered protein, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-17-1998 | Registration Date | 04-17-1998 | |||||
| Next Renewal | 04-17-2018 | |||||||
| Trademark Spain | TM1001ES00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1030403 | Registration No. | 1030403 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | To distinguish: shampoos, lotions, rinses and conditioners for the hair; cleansers, tonics, creams, ointments, gels and lotions for the skin. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-28-1983 | Registration Date | 02-28-1983 | |||||
| Next Renewal | 02-28-2023 | |||||||
| Trademark Spain | TM1001ES01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1523531 | Registration No. | 1523531 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic foods and drinks for medical use. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-09-1989 | Registration Date | 10-09-1989 | |||||
| Next Renewal | 10-09-2019 | |||||||
| Trademark Spain | TM1001ES02 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1030405 | Registration No. | 1030405 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 |
To distinguish: protein-based and herbal-based preparations used as food supplements; soups. |
|||||||
| Diary Dates: | ||||||||
| Application Date | 02-28-1983 | Registration Date | 02-28-1983 | |||||
| Next Renewal | 02-28-2023 | |||||||
604/745
| 3/4/2014 | Portfolio Report |
| Trademark Spain | TM1001ES03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1929457 | Registration No. | 1929457 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
11-04-1994 | Registration Date | 11-04-1994 | |||||
| Next Renewal | 11-04-2014 | |||||||
| Trademark Spain | TM1183ES00 | |||||||
|
HERBALIFE - APROVECHE EL MOMENTO & Design |
||||||||
| Status: | Cancelled | |||||||
| Application No. | 1753867 | Registration No. | 1753867 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising slogan applicable to the goods and services of the marks 1.030.403, 1.030.405, 1.523.531, 1.629.976, 1.629.977, 1.629.978, 1.753.703, 1.753.704, 1.753.705, 1.753.706, 1.753.707 and 1.753.708. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-31-1993 | Registration Date | 03-31-1993 | |||||
| Next Renewal | 03-31-2013 | |||||||
| Trademark Spain | TM1006ES00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1753703 | Registration No. | 1753703 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising and business services. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-31-1993 | Registration Date | 03-31-1993 | |||||
| Next Renewal | 03-31-2023 | |||||||
605/745
| 3/4/2014 | Portfolio Report |
| Trademark Spain | TM1181ES00 | |||||||
|
HERBALIFE... HE GANADO 80.000 PESETAS EN 10 DIAS PREGUNTEME COMO! & Design |
||||||||
| Status: | Cancelled | |||||||
| Application No. | 1811158 | Registration No. | 1811158 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Slogan applicable to the products and services of the trademarks: 1.629.976, 1.629.977, 1.629.978 and 1.753.703. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-23-1994 | Registration Date | 03-23-1994 | |||||
| Next Renewal | 03-23-2014 | |||||||
| Trademark Spain | TM1016ES00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1045349 | Registration No. | 1045349 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations, mineral preparations, herbs for medicinal use, medicinal linseed, analgesic preparations, with the express exception of veterinary products, material for dressings and plasters. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-22-1983 | Registration Date | 08-22-2013 | |||||
| Next Renewal | 08-22-2023 | |||||||
| Trademark Spain | TM1184ES00 | |||||||
|
ME SIENTO MAGNIFICO, PREGUNTEME COMO HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1753864 | Registration No. | 1753864 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising slogan applicable to the goods and services of the marks 1.030.403, 1.030.405, 1.523.531, 1.629.976, 1.629.977, 1.629.978, 1.753.703, 1.753.704, 1.753.705, 1.753.706, 1.753.707 and 1.753.708. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-31-1993 | Registration Date | 03-31-1993 | |||||
| Next Renewal | 03-31-2023 | |||||||
|
Trademark Spain |
TM1072ES00 | |||||||
| OCEAN CURRENTS | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1930478 | Registration No. | 1930478 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 11-11-1994 | Registration Date | 11-11-1994 | |||||
| Next Renewal | 11-11-2014 | |||||||
606/745
| 3/4/2014 | Portfolio Report |
|
Trademark Spain |
TM1178ES00 | |||||||
|
PIERDO PESO AHORA, PREGUNTEME COMO HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1753865 | Registration No. | 1753865 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising slogan applicable to the goods and services on the marks 1.030.403, 1.030.405, 1.523.531, 1.629.976, 1.629.977, 1.629.978, 1.753.703, 1.753.704, 1.753.705, 1.753.706, 1.753.707 and 1.753.708. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-31-1993 | Registration Date | 03-31-1993 | |||||
| Next Renewal | 03-31-2023 | |||||||
| Trademark Spain | TM1025ES00 | |||||||
| THERMOJETICS | ||||||||
| Status: | Cancelled | |||||||
| Application | 1788092 | Registration No. | 1788092 | |||||
| No. | ||||||||
| Application | Without Priority | |||||||
| Type: | ||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Body toning cream. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
11-05-1993 | Registration Date | 04-20-1994 | |||||
| Next Renewal | 11-05-2013 | |||||||
| Trademark Sri Lanka | TM1080LK05 | |||||||
| Figurine Design (reversed rainbowman) | ||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 98924/e | Registration No. | 98924 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements and dietetic foods, all consisting of vitamins, minerals, herbs, fibre and proteins, all in tablet, powder, capsule or liquid form. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
07-12-2000 | Registration Date | 05-30-2005 | |||||
| Next Renewal | 07-12-2020 | |||||||
607/745
| 3/4/2014 | Portfolio Report |
608/745
| 3/4/2014 | Portfolio Report |
609/745
| 3/4/2014 | Portfolio Report |
610/745
| 3/4/2014 | Portfolio Report |
| Trademark Swaziland | TM1081SZ00 | |||||||
|
LIPO-BOND |
||||||||
| Status: | Pending | |||||||
|
Application No. |
271/07 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-04-2007 | |||||||
| Trademark Swaziland | TM1010SZ00 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
276/07 | Registration No. | 276/07 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 32 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-04-2007 | Registration Date | 07-04-2017 | |||||
| Next Renewal | 07-04-2017 | |||||||
| Trademark Swaziland | TM1021SZ00 | |||||||
| NOURIFUSION | ||||||||
| Status: | Pending | |||||||
|
Application No. |
268/07 | |||||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 30 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 30 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
07-04-2007 | |||||||
611/745
| 3/4/2014 | Portfolio Report |
612/745
| 3/4/2014 | Portfolio Report |
613/745
| 3/4/2014 | Portfolio Report |
614/745
| 3/4/2014 | Portfolio Report |
| Trademark Sweden | TM1465SE00 | |||||||
|
24-Timmars Naringstod for Idrottsutovare |
||||||||
| Status: | Refused | |||||||
| Application Type: | Without Priority | |||||||
| Classes: | 05, 29, 32 | |||||||
| List of Goods | ||||||||
| 05 | Dietary and nutritional supplements; dietary and nutritional supplements for sports and athletics; nutritionally fortified beverages; food supplements containing proteins, minerals and vitamins. | |||||||
| 29 | Dietary supplements; nutritional supplements; foods consisting of powdered preparations; food supplements containing proteins, minerals, and vitamins. | |||||||
| 32 | Preparations for making non-alcoholic drinks; drinks for sports and athletic training; sports drinks containing proteins, minerals, and vitamins. | |||||||
| Trademark Sweden | TM1437SE00 | |||||||
|
24, TIMMAR NARINGSTILLSKOTT FOR IDROTTSTOVARE |
||||||||
| Status: | Pending | |||||||
| Application Type: | Without Priority | |||||||
| Trademark Sweden | TM1475SE00 | |||||||
|
24-Timmars Naaringsstod for Idrottsutovare |
||||||||
| Status: | ||||||||
|
Application Type: |
Without Priority | |||||||
| Trademark Sweden | TM1047SE00 | |||||||
|
AROMAVIE |
||||||||
| Status: | Closed/Cancelled | |||||||
| Application No. | 1997/09879 | Registration No. | 333997 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 04 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 04 | ||||||||
| Diary Dates: | ||||||||
| Registration Date | 12-03-1999 | Next Renewal | 12-03-2009 | |||||
| Trademark Sweden | TM1031SE00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1995/11250 | Registration No. | 317940 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Food supplements consisting of vitamins, minerals and herbs for medicinal and dietary use. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-04-1995 | Registration Date | 10-04-1996 | |||||
| Next Renewal | 10-04-2016 | |||||||
615/745
| 3/4/2014 | Portfolio Report |
| Trademark Sweden | TM1001SE00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1983/01350 | Registration No. | 194245 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
|
05 |
||||||||
|
29 |
||||||||
|
Diary Dates: |
||||||||
| Application Date | 03-01-1983 | Registration Date | 01-11-1985 | |||||
|
Next Renewal |
01-11-2015 | |||||||
| Trademark Sweden | TM1006SE00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1994/01422 | Registration No. | 300819 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
|
05 |
||||||||
|
29 |
||||||||
|
Diary Dates: |
||||||||
| Application Date | 02-10-1994 | Registration Date | 04-21-1995 | |||||
|
Next Renewal |
04-21-2015 | |||||||
| Trademark Sweden | TM1025SE00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1994/00954 | Registration No. | 262992 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
|
05 |
||||||||
|
Diary Dates: |
||||||||
| Application Date | 01-31-1994 | Registration Date | 12-23-1994 | |||||
|
Next Renewal |
12-23-2014 | |||||||
| Trademark Sweden | TM1025SE01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1994/02526 | Registration No. | 263326 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30, 32 | |||||||
| List of Goods | ||||||||
| 30 | ||||||||
|
32 |
||||||||
|
Diary Dates: |
||||||||
| Registration Date | 12-30-1994 | Next Renewal | 12-30-2014 | |||||
616/745
| 3/4/2014 | Portfolio Report |
617/745
| 3/4/2014 | Portfolio Report |
| Trademark Switzerland | TM1088CH00 | |||||||
|
ALOEMAX |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 54411/2005 | Registration No. | 536074 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic drinks and preparations for making non-alcoholic drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-27-2005 | Registration Date | 07-27-2005 | |||||
| Next Renewal | 05-27-2015 | |||||||
| Trademark Switzerland | TM1031CH00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 03817/1983 | Registration No. | 326848 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamins and mineral preparations, medicinal herbs; linseed-based medicinal preparations, analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-05-1983 | Registration Date | 07-05-2013 | |||||
| Next Renewal | 07-05-2023 | |||||||
| Trademark Switzerland | TM1068CH00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 07327/1994 | Registration No. | 426547 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 10-24-1994 | Registration Date | 06-11-1996 | |||||
| Next Renewal | 10-24-2014 | |||||||
618/745
| 3/4/2014 | Portfolio Report |
| Trademark Switzerland | TM1080CH00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 05357/1994 | Registration No. | 423971 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | Soaps, perfumery, essential oils, cosmetics, hair lotions. | |||||||
| 05 | Nutritional supplements and dietetic foods consisting of vitamins, minerals, herbs, fiber and proteins, all the aforesaid goods in tablet, powder, capsule or liquid form. | |||||||
| 30 | Beverages, namely tea. | |||||||
| 32 | Preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-08-1994 | Registration Date | 04-16-1996 | |||||
| Next Renewal | 08-08-2014 | |||||||
| Trademark Switzerland | TM1083CH00 | |||||||
|
H3O PRO |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 53169/2008 | Registration No. | 571655 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations in tablet or powder form for the preparation of non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-10-2008 | Registration Date | 05-16-2008 | |||||
| Next Renewal | 03-10-2018 | |||||||
| Trademark Switzerland | TM1001CH00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 01393/1983 | Registration No. | 326451 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, lotions, rinses and shaping of hair cleaning products, moisturizers, foundations, creams, ointments, gels and lotions for the skin. | |||||||
| 05 | Preparations of flaxseed, analgesic preparations. | |||||||
| 29 | Preparations of proteins, as additives to food, soups, all these products based on herbs; preparations based on medicinal herbs; preparations of herbs, as additives to food. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-28-1983 | Registration Date | 11-14-1983 | |||||
| Next Renewal | 02-28-2023 | |||||||
| Trademark Switzerland | TM1006CH00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 01478/1994 | Registration No. | 424604 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 03-07-1994 | Registration Date | 04-26-1996 | |||||
| Next Renewal | 03-07-2014 | |||||||
619/745
| 3/4/2014 | Portfolio Report |
| Trademark Switzerland | TM1029CH00 | |||||||
|
HERBALIFE DISTRIBUTOR NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 60055/2005 | Registration No. | 542360 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-07-2005 | Registration Date | 01-30-2006 | |||||
| Next Renewal | 12-07-2015 | |||||||
| Trademark Switzerland | TM1020CH00 | |||||||
|
HERBALIFE NUTRITION CLUB |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 60056/2005 | Registration No. | 542361 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-07-2005 | Registration Date | 01-30-2006 | |||||
| Next Renewal | 12-07-2015 | |||||||
| Trademark Switzerland | TM1016CH00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 03818/1983 | Registration No. | 326849 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamins and mineral preparations, medicinal herbs; linseed-based medicinal preparations, analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-05-1983 | Registration Date | 07-05-2013 | |||||
| Next Renewal | 07-05-2023 | |||||||
620/745
| 3/4/2014 | Portfolio Report |
| Trademark Switzerland | TM1049CH00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 53850/2005 | Registration No. | 535293 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic drinks and preparations for making non-alcoholic drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-10-2005 | Registration Date | 07-04-2005 | |||||
| Next Renewal | 05-10-2015 | |||||||
| Trademark Switzerland | TM1010CH00 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 52652/2005 | Registration No. | 533681 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic drinks; preparations for making non-alcoholic drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-01-2005 | Registration Date | 05-19-2005 | |||||
| Next Renewal | 04-01-2015 | |||||||
| Trademark Switzerland | TM1021CH00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 52650/2005 | Registration No. | 542660 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 04-01-2005 | Registration Date | 02-10-2006 | |||||
| Next Renewal | 04-01-2015 | |||||||
621/745
| 3/4/2014 | Portfolio Report |
| Trademark Switzerland | TM1203CH00 | |||||||
|
PROLESSA |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 51726/2010 | Registration No. | 601746 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic food supplements for medical purposes. | |||||||
| 30 | Dietetic food supplements based on plants, not for medical purposes, in powder form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-19-2010 | Registration Date | 06-16-2010 | |||||
| Next Renewal | 02-19-2020 | |||||||
| Trademark Switzerland | TM1343CH00 | |||||||
|
QUICKSPARK |
||||||||
| Status: | Registered | |||||||
| Application No. | 59552/2010 | Registration No. | 613938 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | 05: Food supplements in capsule or tablet form based on vitamins or organic vitamin precursers. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-09-2010 | |||||||
| Trademark Switzerland | TM1036CH00 | |||||||
|
RADIANT C (stylized) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 07760/2000 | Registration No. | 485300 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Cosmetic skin care products, namely facial creams, make-up removers, moisturizing lotions, creams and milks and toning products. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-29-2000 | Registration Date | 06-05-2001 | |||||
| Next Renewal | 06-29-2020 | |||||||
| Trademark Switzerland | TM1038CH00 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 00142/2005 | Registration No. | 537158 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 09, 29, 30, 32, 41, 44 | |||||||
| List of Goods | ||||||||
| 09 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| 41 | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 01-14-2005 | Registration Date | 08-29-2005 | |||||
| Next Renewal | 01-14-2015 | |||||||
622/745
| 3/4/2014 | Portfolio Report |
| Trademark Switzerland | TM1202CH00 | |||||||
|
ROSEGUARD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 61301/2009 | Registration No. | 596892 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29, 30 | |||||||
| List of Goods | ||||||||
| 29 | Dietary supplements for non-medical purposes on the basis of fruits, herbs and vegetables in the form of tablets and capsules. | |||||||
| 30 | Dietary supplements for non-medical purposes on the basis of fruits, herbs and vegetables in the form of tablets and capsules. | |||||||
| Diary Dates: | ||||||||
| Application Date | 10-12-2009 | Registration Date | 02-16-2010 | |||||
| Next Renewal | 10-12-2019 | |||||||
| Trademark Switzerland | TM1067CH00 | |||||||
|
SENSORY NUTRITION |
||||||||
| Status: | Closed | |||||||
| Application No. | 00888/2000 | Registration No. | 476182 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 04 | |||||||
| List of Goods | ||||||||
| 03 | Oils for the bath and the body, salts for the bath for non-medical use. | |||||||
| 04 | Candles. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-28-2000 | Registration Date | 09-14-2000 | |||||
| Next Renewal | 01-28-2010 | |||||||
| Trademark Switzerland | TM1039CH00 | |||||||
|
SHAPESCAN |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 50302/2005 | Registration No. | 533211 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 09, 44 | |||||||
| List of Goods | ||||||||
| 09 | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 01-14-2005 | Registration Date | 05-04-2005 | |||||
| Next Renewal | 01-14-2015 | |||||||
623/745
| 3/4/2014 | Portfolio Report |
| Trademark Switzerland | TM1040CH00 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 50306/2005 | Registration No. | 544281 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30, 32, 41, 44 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| 41 | ||||||||
| 44 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 01-14-2005 | Registration Date | 03-28-2006 | |||||
| Next Renewal | 01-14-2015 | |||||||
| Trademark Switzerland | TM1007CH00 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 07911/2001 | Registration No. | 493961 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Facial creams, eye creams and body lotions. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-13-2001 | Registration Date | 01-23-2002 | |||||
| Next Renewal | 08-13-2011 | |||||||
| Trademark Switzerland | TM1057CH00 | |||||||
|
SPORTWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 60057/2005 | Registration No. | 542236 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic drinks; preparations for making non-alcoholic drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-07-2005 | Registration Date | 01-25-2006 | |||||
| Next Renewal | 12-07-2015 | |||||||
624/745
| 3/4/2014 | Portfolio Report |
| Trademark Switzerland | TM1042CH00 | |||||||
|
THERMO COMPLETE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 54877/2005 | Registration No. | 544827 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 32 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 06-13-2005 | Registration Date | 04-11-2006 | |||||
| Next Renewal | 06-13-2015 | |||||||
| Trademark Switzerland | TM1025CH00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Expired | |||||||
| Application No. | 01395/1994 | Registration No. | 420730 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | Cosmetics and body creams. | |||||||
| 05 | Herbal-based food supplements in tablet or liquid form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-03-1994 | Registration Date | 01-23-1996 | |||||
| Next Renewal | 03-03-2014 | |||||||
| Trademark Switzerland | TM1025CH01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Expired | |||||||
| Application No. | 05356/1994 | Registration No. | 423641 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements and dietetic foods consisting of vitamins, minerals, herbs, fiber and proteins, all the aforesaid goods in tablet, powder, capsule or liquid form. | |||||||
| 30 | Beverages, namely tea. | |||||||
| 32 | Preparations for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-08-1994 | Registration Date | 04-04-1996 | |||||
| Next Renewal | 08-08-2014 | |||||||
| Trademark Switzerland | TM1027CH00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 10256/1995 | Registration No. | 432961 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| 30 | ||||||||
| 32 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 09-05-1995 | Registration Date | 11-11-1996 | |||||
| Next Renewal | 09-05-2015 | |||||||
625/745
| 3/4/2014 | Portfolio Report |
| Trademark Switzerland | TM1033CH00 | |||||||
|
TRI-SHIELD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 60368/2005 | Registration No. | 543365 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-16-2005 | Registration Date | 03-02-2006 | |||||
| Next Renewal | 12-16-2015 | |||||||
| Trademark Switzerland | TM1045CH00 | |||||||
|
VegetACE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 07379/1998 | Registration No. | 461323 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements for medical use, namely nutritional and dietary supplements consisting of vitamins, minerals and herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-08-1998 | Registration Date | 05-18-1999 | |||||
| Next Renewal | 09-08-2018 | |||||||
| Trademark Taiwan, Province of China | TM1187TW00 | |||||||
|
Aloe Device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 82031923 | Registration No. | 639698 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 19 | |||||||
| List of Goods | ||||||||
| 19 | Ices, ice-creams, aerated waters, fruit juices, distilled waters, mineral waters, teas, coffees, cocoas, aloe cordials and sports drinks. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-01-1993 | Registration Date | 04-16-1994 | |||||
| Next Renewal | 04-15-2014 | |||||||
626/745
| 3/4/2014 | Portfolio Report |
| Trademark Taiwan, Province of China | TM1187TW01 | |||||||
|
Aloe Device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 82009382 | Registration No. | 646574 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 01 | |||||||
| List of Goods | ||||||||
| 01 | Medicines, vitamins, minerals, protein, calcium tablets, herbs, diet medicines, herb-fiber diet tablets, arthritis pain-relief dose, various kinds of tablets, doses, capsules, powers of medicines. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-08-1993 | Registration Date | 07-01-1994 | |||||
| Next Renewal | 06-30-2014 | |||||||
| Trademark Taiwan, Province of China | TM1048TW00 | |||||||
|
ASMERA |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 89048278 | Registration No. | 953778 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Perfumes; colognes; body soaps; body lotions. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-18-2000 | Registration Date | 08-16-2001 | |||||
| Next Renewal | 08-15-2011 | |||||||
| Trademark Taiwan, Province of China | TM1031TW00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 74032231 | Registration No. | 315138 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 01 | |||||||
| List of Goods | ||||||||
| 01 | Dietary nutritional supplements, namely, vitamins, minerals and herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-01-1985 | Registration Date | 03-01-1986 | |||||
| Next Renewal | 02-29-2016 | |||||||
| Trademark Taiwan, Province of China | TM1068TW00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 83052521 | Registration No. | 694466 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Body and skin care products, namely, cleansers, moisturizers, toners, astringents, facial masks, facial and body scrubs, facial creams, eye creams, body creams, body oils, body lotions, body skin toners, bath oils and bath gels. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-12-1994 | Registration Date | 11-01-1995 | |||||
| Next Renewal | 10-31-2015 | |||||||
627/745
| 3/4/2014 | Portfolio Report |
628/745
| 3/4/2014 | Portfolio Report |
629/745
| 3/4/2014 | Portfolio Report |
| Trademark Taiwan, Province of China | TM1186TW00 | |||||||
|
HERBA LIFE & CHINESE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 73057740 | Registration No. | 297926 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 01 | |||||||
| List of Goods | ||||||||
| 01 | Chinese medicines, ganoderma lucidum (Lin-Chin), placenta. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-28-1984 | Registration Date | 09-16-1985 | |||||
| Next Renewal | 09-15-2015 | |||||||
| Trademark Taiwan, Province of China | TM1001TW00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 72025218 | Registration No. | 237044 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 07 | |||||||
| List of Goods | ||||||||
| 07 | Cleaning creams, cleaning soaps, perfumed soaps, bath liquids, shampoos and rinses. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-23-1983 | Registration Date | 03-01-1984 | |||||
| Next Renewal | 02-28-2014 | |||||||
| Trademark Taiwan, Province of China | TM1001TW01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 72028669 | Registration No. | 231557 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 27 | |||||||
| List of Goods | ||||||||
| 27 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-13-1983 | Registration Date | 01-01-1984 | |||||
| Next Renewal | 12-31-2013 | |||||||
630/745
| 3/4/2014 | Portfolio Report |
631/745
| 3/4/2014 | Portfolio Report |
632/745
| 3/4/2014 | Portfolio Report |
633/745
| 3/4/2014 | Portfolio Report |
634/745
| 3/4/2014 | Portfolio Report |
| Trademark Taiwan, Province of China | TM1104TW02 | |||||||
|
HERBALIFE in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 83071570 | Registration No. | 693902 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Animal milks, powdered milks, liquid milks, yeasty milks, yogurt, cheeses, emulsified cheeses, milk shakes, jams, vegetable extracts, meat extracts, chicken extracts, low diet milk. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-25-1994 | Registration Date | 10-16-1995 | |||||
| Next Renewal | 10-15-2015 | |||||||
| Trademark Taiwan, Province of China | TM1104TW06 | |||||||
|
HERBALIFE in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 83071567 | Registration No. | 79511 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Agency of import and export trading and agency of domestic and foreign companies and factories for providing product quotations, bidding, distribution. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-25-1994 | Registration Date | 11-16-1995 | |||||
| Next Renewal | 11-15-2015 | |||||||
| Trademark Taiwan, Province of China | TM1104TW04 | |||||||
|
HERBALIFE in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 83071569 | Registration No. | 701629 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Yeasts, yeast cakes, ice, ice creams, coffees, cocoa, honeys, green teas, black teas, tea powders, tea bags, bag teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-25-1994 | Registration Date | 12-16-1995 | |||||
| Next Renewal | 09-15-2015 | |||||||
635/745
| 3/4/2014 | Portfolio Report |
| Trademark Taiwan, Province of China | TM1104TW05 | |||||||
|
HERBALIFE in Chinese |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 83071568 | Registration No. | 691507 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Distilled waters, mineral waters, fruit juices, herbal teas, herbal tea powder. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-25-1994 | Registration Date | 09-16-1995 | |||||
|
Next Renewal |
09-15-2015 | |||||||
| Trademark Taiwan, Province of China | TM1335TW00 | |||||||
|
HERBALIFE KIDS & Logo (graphic |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 0099031750 | Registration No. | 1458827 | |||||
| Application Type: | Without Priority | |||||||
| Classes: | 05, 32 | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-01-2010 | Registration Date | 04-16-2011 | |||||
| Next Renewal | 04-15-2021 | |||||||
| Trademark Taiwan, Province of China | TM1016TW00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 83006376 | Registration No. | 663134 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 01 | |||||||
| List of Goods | ||||||||
| 01 | Medicines, vitamins, minerals, proteins, calcium tablets, diet medicines, herb-fiber diet tablets, arthritis pain-relief medicines, herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-08-1994 | Registration Date | 12-16-1994 | |||||
| Next Renewal | 12-15-2014 | |||||||
| Trademark Taiwan, Province of China | TM1017TW00 | |||||||
|
HERBALIGHTS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 89026159 | Registration No. | 953919 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 04 | |||||||
| List of Goods | ||||||||
| 04 | Candles, aromatherapy candles. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-11-2000 | Registration Date | 08-16-2001 | |||||
| Next Renewal | 08-15-2011 | |||||||
636/745
| 3/4/2014 | Portfolio Report |
| Trademark Taiwan, Province of China | TM1150TW00 | |||||||
|
HERBALWHITE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 88054666 | Registration No. | 932564 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely facial cleanser, facial cream, facial masque and sunscreen. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-02-1999 | Registration Date | 03-01-2001 | |||||
| Next Renewal | 02-28-2011 | |||||||
| Trademark Taiwan, Province of China | TM1060TW00 | |||||||
|
ILLUMINESCE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 93004289 | Registration No. | 1141949 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Cosmetics, permanent wave lotion, hair coloring lotion, skin cleansing lotion, skin lotion, facial cleansing lotion, shampoo, conditioner, exfoliating face scrub, silky cotton, aftershave, shaving cream, perfume, soap, hand-wash liquid soap, cleaning agent for clothes, bathroom and toilet, and kitchen, polishing wax, powder, solution, aromatic agent for floor, cars and equipment, chemical agent that improves the rate of pervious to light and insulation rate of glasses, cleaning solution for magnetic head of video recorder and tape cassette, disc cleaning solution, toothpaste, tooth-cleaning powder, leather polishing oil, shoe polishing oil, incense oil, polishing agent, anti-rust grease, static electricity proof agent, cosmetics for animals, non-medical animal shampoo. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-2004 | Registration Date | 03-01-2005 | |||||
| Next Renewal | 02-28-2015 | |||||||
| Trademark Taiwan, Province of China | TM1056TW00 | |||||||
|
IMPROV |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 89048282 | Registration No. | 953782 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Perfumes; colognes; body soaps; body lotions. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-18-2000 | Registration Date | 08-16-2001 | |||||
| Next Renewal | 08-15-2011 | |||||||
| Trademark Taiwan, Province of China | TM1188TW00 | |||||||
|
Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 82009386 | Registration No. | 658046 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 01 | |||||||
| List of Goods | ||||||||
| 01 | Medicines, vitamin, mineral, protein, calcium tablets, herbs, diet medicines, herb-fiber diet tablets, arthritis pain-relief dose. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-08-1993 | Registration Date | 10-16-1994 | |||||
| Next Renewal | 10-15-2014 | |||||||
637/745
| 3/4/2014 | Portfolio Report |
| Trademark Taiwan, Province of China | TM1188TW01 | |||||||
|
Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 82031922 | Registration No. | 629913 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 06 | |||||||
| List of Goods | ||||||||
| 06 | All kinds of cosmetics, skin milk, lanoline cream, astringent, perfume, hair cream, cleaning cream, suntan oil, aloe gel. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-01-1993 | Registration Date | 02-01-1994 | |||||
| Next Renewal | 01-31-2014 | |||||||
| Trademark Taiwan, Province of China | TM1188TW02 | |||||||
|
Leaf device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 82009413 | Registration No. | 659329 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 20 | |||||||
| List of Goods | ||||||||
| 20 | Animal milk, powdered milk, creams, butters, powdered milk with lactic acids, fermented milk products, flavored milk, soya milk, curdled cheeses, milk shakes, curdled milk products. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-08-1993 | Registration Date | 10-16-1994 | |||||
| Next Renewal | 10-15-2014 | |||||||
| Trademark Taiwan, Province of China | TM1049TW00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 93044015 | Registration No. | 1159287 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-22-2004 | Registration Date | 06-16-2005 | |||||
| Next Renewal | 06-15-2015 | |||||||
638/745
| 3/4/2014 | Portfolio Report |
| Trademark Taiwan, Province of China | TM1191TW00 | |||||||
|
MALE FACTOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 82009383 | Registration No. | 621981 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 01 | |||||||
| List of Goods | ||||||||
| 01 | Medicines, vitamin, mineral, protein, calcium tablets, herbs, diet medicines, herb-fiber diet tablets, arthritis pain-relief dose, various kinds of tablets, doses, capsules, powders of medicines. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-08-1993 | Registration Date | 12-01-1993 | |||||
| Next Renewal | 11-30-2013 | |||||||
| Trademark Taiwan, Province of China | TM1185TW00 | |||||||
|
NITEWORKS & Chinese |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 92046150 | Registration No. | 1099510 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements; fiber dietary tablet, powders. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-28-2003 | Registration Date | 05-01-2004 | |||||
| Next Renewal | 04-30-2014 | |||||||
| Trademark Taiwan, Province of China | TM1185TW01 | |||||||
|
NITEWORKS & Chinese |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 93043126 | Registration No. | 1160522 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements; fiber dietary tablet, powders. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-16-2004 | Registration Date | 07-01-2005 | |||||
| Next Renewal | 06-30-2015 | |||||||
| Trademark Taiwan, Province of China | TM1021TW00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 94017768 | Registration No. | 1197360 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05 | |||||||
| List of Goods | ||||||||
| 03 | Creams, gels, lotions, washes, masks and milks for the faces and body; hand creams, lip sticks, eye shadows, cosmetics, shave lotions, perfumes, hair permanent wave preparations, hair dying preparations, face washing creams, shampoos, cleansing preparations for human use, bath cream, soaps for human use. | |||||||
| 05 | Dietary supplements in tablet or capsule form consisting of vitamins, minerals, and botanical ingredients. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-15-2005 | Registration Date | 02-16-2006 | |||||
| Next Renewal | 02-15-2016 | |||||||
639/745
| 3/4/2014 | Portfolio Report |
| Trademark Taiwan, Province of China | TM1193TW00 | |||||||
|
NUTRITION CLUB & Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 98007728 | Registration No. | 1390953 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Consultant services about health and nutrition. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-04-2009 | Registration Date | 12-16-2009 | |||||
| Next Renewal | 12-15-2019 | |||||||
| Trademark Taiwan, Province of China | TM1192TW00 | |||||||
|
PIN STRIPE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 89048280 | Registration No. | 953780 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Perfumes; colognes; body soaps; body lotions. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-18-2000 | Registration Date | 08-16-2001 | |||||
| Next Renewal | 08-15-2011 | |||||||
| Trademark Taiwan, Province of China | TM1036TW00 | |||||||
|
RADIANT C (stylized) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 89065059 | Registration No. | 991786 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely, facial creams, facial cleansers, lotions, moisturizers and toners. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-09-2000 | Registration Date | 04-01-2002 | |||||
| Next Renewal | 03-31-2022 | |||||||
640/745
| 3/4/2014 | Portfolio Report |
641/745
| 3/4/2014 | Portfolio Report |
|
Trademark Taiwan, Province of China |
TM1097TW00 | |||||||
|
SCHIZANDRA PLUS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 84028276 | Registration No. | 735157 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Medicines, vitamin, mineral, powdered protein substances, herbs, medical oils, diet medicines, dietary fibers, arthritis pain-relief doses. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-08-1995 | Registration Date | 11-16-1996 | |||||
| Next Renewal | 11-15-2016 | |||||||
| Trademark Taiwan, Province of China | TM1067TW00 | |||||||
|
SENSORY NUTRITION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 89007253 | Registration No. | 935054 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bath and body oils, bath salts, fragrant sachets, potpourri. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-11-2000 | Registration Date | 03-16-2001 | |||||
| Next Renewal | 03-15-2011 | |||||||
| Trademark Taiwan, Province of China | TM1067TW01 | |||||||
|
SENSORY NUTRITION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 89007254 | Registration No. | 935208 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 04 | |||||||
| List of Goods | ||||||||
| 04 | Candles. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-11-2000 | Registration Date | 03-16-2001 | |||||
| Next Renewal | 03-15-2011 | |||||||
| Trademark Taiwan, Province of China | TM1040TW00 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 93004290 | Registration No. | 1143155 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30, 32, 42 | |||||||
642/745
| 3/4/2014 | Portfolio Report |
| List of Goods | ||||||||
| 05 | Chinese medicine, western medicine, agents for clinical trials, medical nutriments, diet supplement, mineral diet supplement, protein diet supplement, vitamin, plant cellulose, anti-oxidant nutrition supplement, fish oil capsule, multi-mineral mineral diet supplement, nutrition supplement, herbal weight loss tablet, weight loss fiber powder, nutrients for diabetic patients, agricultural medical preparations, environmental hygiene medical preparations, materials for applying medicine, sanitary napkin, tooth restoration materials, contact lens solutions, mosquito repellent incense, mosquito mat for electric vaporizer, animal medicine, animal medical wash, baby food (except cookies), first-aid kit equipped with medicine, agents for air purification, deodorant and aromatic for non-individual use, medical bracelet, medical finger ring, adult diapers. | |||||||
| 29 | Animal milk, flavored milk, acidophilus drinks, milk powder, butter, rice and peanut milk, tofu pudding, ginger sauce, animal/vegetable oil for cooking, jelly, cadaveric meat, cadaveric aquatic products and processed goods thereof, prepared meat dish, frozen seafood prepared dish, dried fruit and vegetables, frozen fruit and vegetables, dehydrated fruit and vegetables, glace fruit and vegetables, soy sauce pickles, prepared vegetable dish, vegetable soup, red adzuki bean soup, mung bean soup, peanut soup, eggs, meat extract, fruit and vegetable jam, dairy spread, tofu, dried tofu, artificial meat, prepared dish containing artificial meat, vegetarian soup stock, protein powder as food additive. | |||||||
| 30 | Tea, tea drinks, coffee powder, cocoa powder, chocolate powder, coffee drinks, cocoa drinks, chocolate drinks, ice, ice cream, salt, sauce, vinegar, seasoning, condiments, sugar, honey, candy, rice cookies, crackers, cereal crackers, toast, cake, bread, hamburger, pudding, pie, steamed bun, fish dumpling, egg dumpling, rice, wheat, flour, cereal powder, multiple cereal powder, sticky rice paper, porridge, cooked rice, instant noodles, noodles, dumpling, dough, yeast, ferment, sweet fermented glutinous rice, sausage agglutinant, meat tenderizer for home cooking, food thickener. | |||||||
| 32 | Beer, carbonated beverages, juice, mineral water, vegetable drinks, herbal tea, herbal tea bags, molasses for making beverage, non-alcohol juice, fiber drinks, fiber drink mix, fruit and vegetable fiber drinks, hi-fiber drinks, fruit drinks, ionized water, water (beverage), non-alcohol drinks, vegetable extract drinks, vegetable essence drinks, drinks made from herbaceous plants and powder mix thereof, vinegar drinks, drinks with high concentration of cereal fiber and protein. | |||||||
| 42 | Weight-management services. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-2004 | Registration Date | 03-01-2005 | |||||
| Next Renewal | 02-28-2015 | |||||||
| Trademark Taiwan, Province of China | TM1189TW00 | |||||||
|
SHOU in Chinese |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 82009411 | Registration No. | 639181 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 01 | |||||||
| List of Goods | ||||||||
| 01 | Medicines, vitamin, mineral, protein, calcium tablets, herbs, diet medicines, herb-fiber diet tablets, arthritis pain-relief dose, various kinds of tablets, doses, capsules, powders of medicines. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-08-1993 | Registration Date | 04-16-1994 | |||||
| Next Renewal | 04-15-2014 | |||||||
| Trademark Taiwan, Province of China | TM1189TW01 | |||||||
|
SHOU in Chinese |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 82009405 | Registration No. | 646550 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 20 | |||||||
| List of Goods | ||||||||
| 20 | Animal milk, formula liquid milk, cream, butter, and admixtures and imitation therefor. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-08-1993 | Registration Date | 06-16-1994 | |||||
| Next Renewal | 04-15-2014 | |||||||
| Trademark Taiwan, Province of China | TM1007TW00 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 90037739 | Registration No. | 1042547 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Facial cream; eye cream; and body lotion. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-10-2001 | Registration Date | 05-16-2003 | |||||
| Next Renewal | 05-15-2023 | |||||||
643/745
| 3/4/2014 | Portfolio Report |
|
Trademark Taiwan, Province of China |
TM1190TW00 | |||||||
|
SUPRESSA |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 98030310 | Registration No. | 1399704 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional food supplement, herbal nutritional supplement, protein nutritional supplement, nutritional supplement composed of herbs and vinegar, herbal fiber diet tablets or powder. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-14-2009 | Registration Date | 03-16-2010 | |||||
| Next Renewal | 03-15-2020 | |||||||
| Trademark Taiwan, Province of China | TM1025TW01 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 82060777 | Registration No. | 658077 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 01 | |||||||
| List of Goods | ||||||||
| 01 | Medicines, vitamin, mineral, protein, calcium tablets, herbs, diet medicines, herb-fiber diet tablets, arthritis pain-relief dose. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-10-1993 | Registration Date | 10-16-1994 | |||||
| Next Renewal | 10-15-2014 | |||||||
| Trademark Taiwan, Province of China | TM1025TW00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 84036743 | Registration No. | 720034 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Distilled waters, mineral waters, fruit juices, herb teas, herb tea powders, lemon waters and instant herbal beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-22-1995 | Registration Date | 06-16-1996 | |||||
| Next Renewal | 06-15-2016 | |||||||
644/745
| 3/4/2014 | Portfolio Report |
645/745
| 3/4/2014 | Portfolio Report |
|
Trademark Taiwan, Province of China |
TM1027TW04 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 83075345 | Registration No. | 777209 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Yeasts, yeast cakes, ice, ice creams, coffees, cocoa, honeys, green teas, black teas, tea powders, tea bags, bag teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-16-1994 | Registration Date | 09-16-1997 | |||||
| Next Renewal | 09-15-2017 | |||||||
| Trademark Taiwan, Province of China | TM1027TW05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 83075343 | Registration No. | 79573 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Agency of import and export trading and agency of domestic and foreign companies and factories for providing product quotations, bidding, distribution. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-16-1994 | Registration Date | 11-16-1995 | |||||
| Next Renewal | 11-15-2015 | |||||||
| Trademark Taiwan, Province of China | TM1027TW02 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Pending | |||||||
| Application No. | 83075347 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 12-16-1994 | |||||||
646/745
| 3/4/2014 | Portfolio Report |
647/745
| 3/4/2014 | Portfolio Report |
|
Trademark Tangier |
TM1027TA00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 16579 | Registration No. | 16579 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary substances, all consisting of vitamins, minerals, herbs, fiber and protein, all in the form of tablets, liquid, capsules or powder. | |||||||
| 29 | Protein food tablet. | |||||||
| 30 | Herbal teas for non-medical use. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-16-1999 | Registration Date | 11-22-1999 | |||||
| Next Renewal | 11-16-2019 | |||||||
| Trademark Thailand | TM1031TH05 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted/Renewed | |||||||
| Application No. | 249635 (Renewal App. 133222) | Registration No. | Kor6580 (Renewal No. 89252) | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements consisting of vitamins, minerals, herbs and protein, all in tablet form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-11-1983 | Registration Date | 08-11-1983 | |||||
| Next Renewal | 08-10-2013 | |||||||
| Trademark Thailand | TM1030TH05 | |||||||
|
DINOMINS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 339345 | Registration No. | Kor77369 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Chewable vitamin and mineral supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-1997 | Registration Date | 09-02-1998 | |||||
| Next Renewal | 07-22-2017 | |||||||
648/745
| 3/4/2014 | Portfolio Report |
|
Trademark Thailand |
TM1107TH05 | |||||||
|
FIBERBOND |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 394642 | Registration No. | Kor122144 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic and weight control nutritional supplement for medical purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-10-1999 | Registration Date | 10-24-2000 | |||||
| Next Renewal | 08-09-2019 | |||||||
| Trademark Thailand | TM1080TH32 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 269302 | Registration No. | Kor39954 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Herbal drinks, drinks with protein, drinks with amino acids, drinks with vitamin and drinks with mineral. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-28-1994 | Registration Date | 01-15-1996 | |||||
| Next Renewal | 07-27-2014 | |||||||
| Trademark Thailand | TM1080TH05 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 269300 | Registration No. | Kor30790 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic and weight control nutritional supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-28-1994 | Registration Date | 06-28-1995 | |||||
| Next Renewal | 07-27-2014 | |||||||
| Trademark Thailand | TM1080TH30 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 269301 | Registration No. | Kor30345 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-28-1994 | Registration Date | 06-15-1995 | |||||
| Next Renewal | 07-27-2014 | |||||||
649/745
| 3/4/2014 | Portfolio Report |
|
Trademark Thailand |
TM1001TH03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 249634 | Registration No. | Kor7197 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, facial creams, body creams, shaving creams, suntan oils and suntan lotions. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-04-1983 | Registration Date | 12-01-1993 | |||||
| Next Renewal | 08-03-2013 | |||||||
| Trademark Thailand | TM1001TH05 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 249632 | Registration No. | Kor6579 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements, dietetic foods, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, liquid, capsule, or powder form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-04-1983 | Registration Date | 11-01-1993 | |||||
| Next Renewal | 08-03-2013 | |||||||
| Trademark Thailand | TM1001TH29 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 249633 | Registration No. | Kor7196 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Meat, fish, poultry, meat extracts, dried and pre-cooked fruits and vegetables, jellies, jams, eggs, milk, butter, soups, vegetable juices for cooking, edible oils. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-04-1983 | Registration Date | 08-04-1983 | |||||
| Next Renewal | 08-03-2013 | |||||||
650/745
| 3/4/2014 | Portfolio Report |
|
Trademark Thailand |
TM1001TH30 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 271175 | Registration No. | Kor30591 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-29-1994 | Registration Date | 06-26-1995 | |||||
| Next Renewal | 08-28-2014 | |||||||
| Trademark Thailand | TM1001TH32 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 271176 | Registration No. | Kor38995 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Herbal drinks, drinks with protein, drinks with amino acids, drinks with vitamin, drinks with mineral. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-29-1994 | Registration Date | 12-14-1995 | |||||
| Next Renewal | 08-28-2014 | |||||||
| Trademark Thailand | TM1408TH00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 810683 | Registration No. | BOR55179 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; business management; business administration; office functions; selling and marketing of products through direct or network sales. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-24-2011 | Registration Date | 06-24-2011 | |||||
| Next Renewal | 06-23-2021 | |||||||
| Trademark Thailand | TM1657TH29 | |||||||
|
HERBALIFE |
||||||||
| Status: | Pending | |||||||
| Application No. | 921617 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Snack foods composed mainly of protein. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-20-2013 | |||||||
651/745
| 3/4/2014 | Portfolio Report |
|
Trademark Thailand |
TM1534TH03 | |||||||
|
HERBALIFE AQUA |
||||||||
| Status: | Pending | |||||||
| Application No. | 883484 | |||||||
| Application Type: | Without Priority | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | shampoos; conditioners; gels and sprays for styling the hair. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-28-2013 | |||||||
| Trademark Thailand | TM1194TH05 | |||||||
|
HERBALIFE in Thai |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 277895 | Registration No. | Kor38804 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic and weight control nutritional supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-20-1994 | Registration Date | 12-13-1995 | |||||
| Next Renewal | 12-19-2014 | |||||||
| Trademark Thailand | TM1194TH30 | |||||||
|
HERBALIFE in Thai |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 277896 | Registration No. | Kor35956 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-20-1994 | Registration Date | 10-25-1995 | |||||
| Next Renewal | 12-19-2014 | |||||||
| Trademark Thailand | TM1194TH32 | |||||||
|
HERBALIFE in Thai |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 277897 | Registration No. | Kor35955 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-20-1994 | Registration Date | 10-25-1995 | |||||
| Next Renewal | 12-19-2014 | |||||||
652/745
| 3/4/2014 | Portfolio Report |
|
Trademark Thailand |
TM1194TH03 | |||||||
|
HERBALIFE in Thai |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 277894 | Registration No. | Kor33715 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoo, rinses, conditioners, cleansers, moisturizers, toners, astringents, facial creams, facial masks, facial scrubs, body scrubs, eye creams, body creams, body oils, body lotions, body skin toners, bath oils, bath gels, shaving creams, suntan oils, suntan lotions. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-20-1994 | Registration Date | 09-06-1995 | |||||
| Next Renewal | 12-19-2014 | |||||||
| Trademark Thailand | TM1658TH29 | |||||||
|
Herbalife in Thai characters |
||||||||
| Status: | Pending | |||||||
| Application No. | 921618 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Snack foods composed mainly of protein. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-20-2013 | |||||||
| Trademark Thailand | TM1016TH05 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted/Renewed | |||||||
| Application No. | 249636 (Renewal App. 133223) | Registration No. | Kor6581 (Renewal No. 89255) | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements consisting of vitamins, minerals, herbs and protein, all in tablet form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-11-1983 | Registration Date | 11-01-1993 | |||||
| Next Renewal | 08-10-2013 | |||||||
653/745
| 3/4/2014 | Portfolio Report |
|
Trademark Thailand |
TM1049TH32 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 634153 | Registration No. | Kor265939 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powders and tablets for making non-alcoholic energy drinks containing caffeine, vitamins and herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-01-2006 | Registration Date | 08-15-2007 | |||||
| Next Renewal | 07-31-2016 | |||||||
| Trademark Thailand | TM1021TH03 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 706329 | Registration No. | KOR304189 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-28-2008 | Registration Date | 08-28-2008 | |||||
| Next Renewal | 08-27-2018 | |||||||
| Trademark Thailand | TM1038TH29 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 580726 | Registration No. | Kor248599 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods; fruit- and vegetable-based snack foods; nutritional, dietary and weight-loss supplements predominantly made from milk (not for medical purposes); nutritional, dietary and weight-loss supplements predominantly made from herbs (not for medical purposes). | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-2005 | Registration Date | 09-26-2006 | |||||
| Next Renewal | 02-03-2015 | |||||||
| Trademark Thailand | TM1038TH30 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 580727 | Registration No. | Kor247894 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas; herbal teas; nutritional, dietary and weight-loss supplements predominantly made from cereals (not for medical purposes). | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-2005 | Registration Date | 09-07-2006 | |||||
| Next Renewal | 02-03-2015 | |||||||
654/745
| 3/4/2014 | Portfolio Report |
|
Trademark Thailand |
TM1038TH32 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 580728 | Registration No. | Kor248600 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered protein, amino acids, minerals and herbs for making beverages not for medical purposes; herb drinks with vitamins not for medical purposes; fruit juice; vegetable juice; nutritional drink mixes for use making beverages; preparations for making effervescent beverages; effervescent beverages with fruit; flavoured effervescent beverage tablets, powdered soy-based protein food beverage mixes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-2005 | Registration Date | 09-26-2006 | |||||
| Next Renewal | 02-03-2015 | |||||||
| Trademark Thailand | TM1038TH44 | |||||||
|
Ring of Leaves device |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 580729 | Registration No. | Bor28513 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Weight-management and weight loss programs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-2005 | Registration Date | 12-22-2005 | |||||
| Next Renewal | 02-03-2015 | |||||||
| Trademark Thailand | TM1067TH04 | |||||||
|
SENSORY NUTRITION |
||||||||
| Status: | Closed/Cancelled | |||||||
| Application No. | 411547 | Registration No. | Kor130335 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 04 | |||||||
| List of Goods | ||||||||
| 04 | Candles. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-15-2000 | Registration Date | 03-08-2001 | |||||
| Next Renewal | 02-14-2010 | |||||||
| Trademark Thailand | TM1040TH29 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Closed/Registered | |||||||
| Application No. | 580722 | Registration No. | Kor240408 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
655/745
| 3/4/2014 | Portfolio Report |
| List of Goods | ||||||||
| 29 | Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods; fruit- and vegetable-based snack foods; nutritional, dietary and weight-loss supplements predominantly made from milk (not for medical purposes); nutritional, dietary and weight-loss supplements predominantly made from herbs (not for medical purposes). | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-2005 | Registration Date | 04-28-2006 | |||||
| Next Renewal | 02-03-2015 | |||||||
| Trademark Thailand | TM1040TH30 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 580723 | Registration No. | Kor238487 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas; herbal teas; nutritional, dietary, and weight-loss supplements predominantly made from cereals (not for medical purposes). | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-2005 | Registration Date | 03-24-2006 | |||||
| Next Renewal | 02-03-2015 | |||||||
| Trademark Thailand | TM1040TH32 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 580724 | Registration No. | Kor245276 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered protein, amino acids, minerals and herbs for making beverages not for medical purposes; herb drinks with vitamins not for medical purposes; fruit juice; vegetable juice; nutritional drink mixes for use making beverages; preparations for making effervescent beverages; effervescent beverages with fruit; flavoured effervescent beverage tablets, powdered soy-based protein food beverage mixes; soy-based food beverages used as a milk substitute. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-2005 | Registration Date | 07-01-2006 | |||||
| Next Renewal | 02-03-2015 | |||||||
| Trademark Thailand | TM1040TH44 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 580725 | Registration No. | Bor31338 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Weight-management and weight loss programs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-2005 | Registration Date | 09-19-2006 | |||||
| Next Renewal | 02-03-2015 | |||||||
656/745
| 3/4/2014 | Portfolio Report |
|
Trademark Thailand |
TM1025TH05 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 257612 | Registration No. | Kor22417 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional supplements consisting of herbs, all in tablet or liquid form. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-17-1993 | Registration Date | 12-23-1994 | |||||
| Next Renewal | 12-16-2013 | |||||||
| Trademark Thailand | TM1025TH30 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered | |||||||
| Application No. | 634152 | Registration No. | 297072 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-01-2006 | |||||||
| Trademark Thailand | TM1027TH03 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 269294 | Registration No. | Kor89237 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, rinses, conditioners, cleansers, moisturizers, toners, astringents, masks, facial creams, body creams, body lotions, shaving creams, suntan oils, suntan lotions, lipstick, eyeshadows, foundation creams, blushes, powders, perfumes, colognes, body oils. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-28-1994 | Registration Date | 04-08-1999 | |||||
| Next Renewal | 07-27-2014 | |||||||
657/745
| 3/4/2014 | Portfolio Report |
|
Trademark Thailand |
TM1027TH05 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 269295 | Registration No. | Kor46187 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic and weight control nutritional supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-28-1994 | Registration Date | 06-25-1996 | |||||
| Next Renewal | 07-27-2014 | |||||||
| Trademark Thailand | TM1027TH30 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 269297 | Registration No. | Kor31098 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-28-1994 | Registration Date | 06-30-1995 | |||||
| Next Renewal | 07-27-2014 | |||||||
| Trademark Thailand | TM1027TH32 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 269298 | Registration No. | Kor50471 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Powdered protein, amino acids, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-28-1994 | Registration Date | 10-10-1996 | |||||
| Next Renewal | 07-27-2014 | |||||||
| Trademark Thailand | TM1027TH16 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 269296 | Registration No. | Kor66834 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | Books, letterheads, envelopes, pens, pencils, periodicals, manuals, pamphlets, brochures, catalogs, magazines. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-28-1994 | Registration Date | 12-29-1997 | |||||
| Next Renewal | 07-27-2014 | |||||||
658/745
| 3/4/2014 | Portfolio Report |
|
Trademark Thailand |
TM1027TH29 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Pending | |||||||
| Application No. | 878441 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods; fruit-and vegetable-based snack foods; nutritional, dietary, and weight-loss supplements predominantly made from herbs (not for medical purposes); dietary supplements not for medical purposes, composed mainly of fatty acids from marine sources. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-29-2013 | |||||||
| Trademark Thailand | TM1659TH29 | |||||||
|
Tri-Leaf device |
||||||||
| Status: | Pending | |||||||
| Application No. | 921619 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Snack foods composed mainly of protein. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-20-2013 | |||||||
| Trademark Thailand | TM1409TH00 | |||||||
|
TRI-LEAF device |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 810684 | Registration No. | BOR55180 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 35 | |||||||
| List of Goods | ||||||||
| 35 | Advertising; business management; business administration; office functions; selling and marketing of products through direct or network sales. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-24-2011 | Registration Date | 06-24-2011 | |||||
| Next Renewal | 06-23-2021 | |||||||
| Trademark Thailand | TM1033TH29 | |||||||
|
TRI-SHIELD |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 634151 | Registration No. | KOR297071 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Dietary supplements not for medical purposes, composed mainly of fatty acids from marine sources. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-01-2006 | Registration Date | 08-01-2006 | |||||
| Next Renewal | 07-31-2016 | |||||||
659/745
| 3/4/2014 | Portfolio Report |
|
Trademark Trinidad and Tobago |
TM1576TT00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Pending | |||||||
| Application No. | 45680 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products, dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners, and sprays; hand lotions, creams, gels, and scrubs; body creams lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
| 05 | Health food supplements made principally of vitamins, health food supplements made principally of minerals, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements; dietary and food supplements in powder, tablet, or capsule form, composed of vitamins, minerals, oils or botanicals. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snack foods mainly of protein for human consumption, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat extracts; edible oils and fats. | |||||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; powder for making tea-based, cocoa-based beverages; powder for making herbal food beverages; herbal teas and herbal infusions; culinary herbs; herb tea for food purposes. | |||||||
| 32 | Non-alcoholic beverages and preparations for making non-alcoholic beverages. | |||||||
| 35 | Advertising; business management; business administration; office functions; services to assist other with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-07-2012 | |||||||
| Trademark Trinidad and Tobago | TM1578TT00 | |||||||
|
HERBALIFE and Tri-Leaf device |
||||||||
| Status: | Pending | |||||||
| Application No. | 45681 | |||||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32, 35 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products, dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners, and sprays; hand lotions, creams, gels, and scrubs; body creams lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
| 05 | Health food supplements made principally of vitamins, health food supplements made principally of minerals, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements; dietary and food supplements in powder, tablet, or capsule form, composed of vitamins, minerals, oils or botanicals. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snack foods mainly of protein for human consumption, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat extracts; edible oils and fats. | |||||||
| 30 | Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; powder for making tea-based, cocoa-based beverages; powder for making herbal food beverages; herbal teas and herbal infusions; culinary herbs; herb tea for food purposes. | |||||||
| 32 | Non-alcoholic beverages and preparations for making non-alcoholic beverages. | |||||||
| 35 | Advertising; business management; business administration; office functions; services to assist other with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-07-2012 | |||||||
660/745
| 3/4/2014 | Portfolio Report |
661/745
| 3/4/2014 | Portfolio Report |
662/745
| 3/4/2014 | Portfolio Report |
663/745
| 3/4/2014 | Portfolio Report |
664/745
| 3/4/2014 | Portfolio Report |
665/745
| 3/4/2014 | Portfolio Report |
| Trademark Turkey | TM1016TR00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2007/037202 | Registration No. | 2007 37202 | |||||
| Application | Without Priority | |||||||
| Type: | ||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29 | |||||||
|
List of Goods |
||||||||
| 05 | ||||||||
| 29 | ||||||||
| Diary Dates: | ||||||||
| Application Date | 07-09-2007 | Registration Date | 05-30-2008 | |||||
| Next Renewal | 07-09-2017 | |||||||
|
|
||||||||
| Trademark Turkey | TM1049TR00 | |||||||
|
LIFTOFF |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005/09807 | Registration No. | 2005 09807 | |||||
| Application | Without Priority | |||||||
| Type: | ||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
|
List of Goods |
||||||||
| 32 | Non-alcoholic drinks and beverages; sport drinks, energy drinks, effervescent drinks and soft drinks; syrups, mixes, powders, concentrates, effervescent tablets and other preparations for making non-alcoholic drinks and beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 03-23-2005 | Registration Date | 03-23-2005 | |||||
| Next Renewal | 03-23-2015 | |||||||
|
|
||||||||
| Trademark Turkey | TM1010TR00 | |||||||
|
NITEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005/17191 | Registration No. | 2005 17191 | |||||
| Application | Without Priority | |||||||
| Type: | ||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 32 | |||||||
| List of Goods | ||||||||
| 32 | Non-alcoholic beverages and preparations for making non-alcoholic beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 05-05-2005 | Registration Date | 05-05-2005 | |||||
| Next Renewal | 05-05-2015 | |||||||
|
|
||||||||
| Trademark Turkey | TM1021TR00 | |||||||
|
NOURIFUSION |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005/09808 | Registration No. | 2005 09808 | |||||
| Application | Without Priority | |||||||
| Type: | ||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 29 | |||||||
| List of Goods | ||||||||
| 03 | Creams, gels, lotions, washes, masks, and milks for use on the face and body; skin care products. | |||||||
| 29 | Nutritional and dietary supplements for non-medicinal health purposes; containing nutrients and foodstuffs beneficial to the skin. | |||||||
| Diary Dates: | ||||||||
| Application | 03-23-2005 | Registration Date | 03-23-2005 | |||||
| Date | ||||||||
| Next Renewal | 03-23-2015 | |||||||
666/745
| 3/4/2014 | Portfolio Report |
| Trademark Turkey | TM1248TR30 | |||||||
|
QUICKSPARK |
||||||||
| Status: | Registered/Granted | |||||||
| Application | 2010 G 204265 | Registration No. | 2010 55649 | |||||
|
No. |
||||||||
| Application | Without Priority | |||||||
|
Type: |
||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Diary Dates: | ||||||||
| Application | 08-26-2010 | Registration Date | 10-12-2011 | |||||
| Date | ||||||||
| Next Renewal | 08-26-2020 | |||||||
|
|
||||||||
| Trademark Turkey | TM1040TR00 | |||||||
|
SHAPEWORKS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005/10155 | Registration No. | 2005 10155 | |||||
| Application | Without Priority | |||||||
|
Type: |
||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 30, 32, 44 | |||||||
| List of Goods | ||||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplements made principally of minerals, healthcare products for persons with special dietary requirements, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements for medical use, medical purpose or medicinal purpose. | |||||||
| 30 | Coffee, tea, cocoa and beverages based on coffee, tea and cocoa; spices; preparations made from cereals; honey, treacle. | |||||||
| 32 | Non-alcoholic beverages and powdered or concentrated preparations for making non-alcoholic beverages; non-alcoholic beverages; syrups and other preparations for making beverages. | |||||||
| 44 | Services for the planning of weight reduction and reform of dietary intake; supervision of weight reduction in individuals and plans for maintenance of proper nutrition. | |||||||
| Diary Dates: | ||||||||
| Application | 03-24-2005 | Registration Date | 03-24-2005 | |||||
| Date | ||||||||
| Next Renewal | 03-24-2015 | |||||||
|
|
||||||||
| Trademark Turkey | TM1007TR00 | |||||||
|
SKIN ACTIVATOR |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2007/06462 | Registration No. | 2007 06462 | |||||
| Application | Without Priority | |||||||
|
Type: |
||||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Facial cream, eye cream; moisturisers and body lotion. | |||||||
| Diary Dates: | ||||||||
| Application | 02-09-2007 | Registration Date | 02-09-2007 | |||||
| Date | ||||||||
| Next Renewal | 02-09-2017 | |||||||
667/745
| 3/4/2014 | Portfolio Report |
|
Trademark Turkey |
TM1057TR00 | |||||||
|
SPORTWORKS |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
2005/24240 | Registration No. | 2005 24240 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 05 | Healthcare products, dietary supplements, health food supplements made principally of vitamins, health food supplements made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional supplements. | |||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats, and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; edible oils and fats. | |||||||
| 30 | Coffee, tea, cocoa, chocolate and beverages based on coffee, tea and cocoa, chocolate; spices; preparations made from cereals; honey; treacle, powdered meal substitutes and preparations made of protein, vitamins, minerals, and herbs, snacks; snack food. | |||||||
| 32 | Non-alcoholic beverages; sports beverages, minerals and aerated waters and other non-alcoholic drinks, syrups and other preparations for making beverages; fruit drinks and fruit juices and other preparations for making beverages, ready-to-drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; non-alcoholic beverages and powdered or concentrated preparations for making non-alcoholic beverages; powders for making beverages. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
06-15-2005 | Registration Date | 06-15-2005 | |||||
| Next Renewal | 06-15-2015 | |||||||
|
|
||||||||
|
Trademark Turkey |
TM1042TR00 | |||||||
|
THERMO COMPLETE |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
2003/16888 | Registration No. | 2003 16888 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Nutritional and dietary supplements; additives for foodstuffs; dietetic substances. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
06-30-2003 | Registration Date | 06-30-2013 | |||||
| Next Renewal | 06-30-2023 | |||||||
|
|
||||||||
|
Trademark Turkey |
TM1025TR00 | |||||||
|
THERMOJETICS |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
95/001895 | Registration No. | 158747 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | ||||||||
| Diary Dates: | ||||||||
|
Application Date |
03-02-1995 | Registration Date | 03-02-1995 | |||||
| Next Renewal | 03-02-2015 | |||||||
668/745
| 3/4/2014 | Portfolio Report |
|
Trademark Turkey |
TM1027TR00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
97/007774 | Registration No. | 186424 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
|
03 |
Body softening creams, shaving creams, sun oils and sun lotions. | |||||||
|
05 |
Nutrition supplements in the form of tablets, liquids, capsule or powder all made of vitamins, minerals, herbs, fiber and proteins; diet food. | |||||||
|
30 |
Herbal tea. | |||||||
|
32 |
Proteins, vitamins, minerals and herbs in the form of powder to make drinks. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
06-04-1997 | Registration Date | 06-04-1997 | |||||
| Next Renewal | 06-04-2017 | |||||||
|
|
||||||||
|
Trademark Turkey |
TM1045TR00 | |||||||
|
VegetACE |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
98/013500 | Registration No. | 201178 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
|
05 |
Nutritional and dietary supplements made from vitamins, minerals and herbs. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
09-29-1998 | Registration Date | 09-29-1998 | |||||
| Next Renewal | 09-29-2018 | |||||||
|
|
||||||||
|
Trademark Turkey |
TM1523TR00 | |||||||
|
XTRA-CAL |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
2011-G-162291 | Registration No. | 2011 51509 | |||||
|
Application Type: |
Without Priority | |||||||
| Diary Dates: | ||||||||
|
Application Date |
06-17-2011 | Registration Date | 10-16-2012 | |||||
| Next Renewal | 06-17-2021 | |||||||
|
|
||||||||
|
Trademark Ukraine |
TM1001UA00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
94061943 | Registration No. | 11187 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
|
03 |
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; all goods, included in class 3, namely hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, facial creams, body creams, shaving creams, suntan oils and suntan lotions. | |||||||
|
05 |
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides; all goods, included in class 5, namely nutritional supplements, dietetic foods, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, liquid, capsule or powder form. | |||||||
|
30 |
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; all goods, included in class 30. | |||||||
|
32 |
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages, including powdered protein, amino acids, vitamins, minerals and herbs for making beverages; all goods, included in class 32. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
06-10-1994 | Registration Date | 12-25-1998 | |||||
| Next Renewal | 06-10-2014 | |||||||
669/745
| 3/4/2014 | Portfolio Report |
|
Trademark Ukraine |
TM1006UA00 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
94061944 | Registration No. | 11188 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; all goods, included in class 3, namely hair shampoos, hair rinses, hair conditioners, skin cleansers, moisturizers, facial creams, body creams, shaving creams, suntan oils and suntan lotions. | |||||||
|
05 |
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides; all goods, included in class 5, namely nutritional supplements, dietetic foods, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, liquid, capsule or powder form. | |||||||
|
30 |
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; all goods, included in class 30. | |||||||
|
32 |
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages, including powdered protein, amino acids, vitamins, minerals and herbs for making beverages; all goods, included in class 32. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
06-10-1994 | Registration Date | 12-25-1998 | |||||
| Next Renewal | 06-10-2014 | |||||||
|
|
||||||||
|
Trademark Ukraine |
TM1006UA01 | |||||||
|
HERBALIFE & Design |
||||||||
| Status: | Registered/Granted | |||||||
|
Application No. |
m 2006 03405 | Registration No. | 86856 | |||||
|
Application Type: |
Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 09, 10, 14, 16, 21, 25, 28, 29, 30, 31, 32, 35, 36, 41, 42 | |||||||
| List of Goods | ||||||||
| 03 | Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; hair care preparations, namely shampoos, conditioners, hair styling sprays, gels and pomades; facial preparations, namely facial creams, lotions, gels, milks, masks, exfoliants, toners, and sprays included in Int. class 3; hand care preparations, namely hand lotions, creams, gels and scrubs; body care preparations, namely body creams, lotions, washes, gels, exfoliants and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products. | |||||||
|
05 |
Dietetic substances; medicinal herbs, herbal preparations, herb teas, roots, drinks; additive for foodstuffs; skin care products; nutritional foods and supplements; vitamin and mineral supplements in tablet, powder, or capsule form; dietary products; all the aforesaid goods as included in Int. class 5. | |||||||
|
09 |
Audio and video tapes, discs, and recordings; personal identification and business account cards; electronic publications. | |||||||
|
10 |
Electronic devices for the purpose of assessing health and fitness of humans; massage apparatus. | |||||||
|
14 |
Goods in precious metals or coated therewith; jewellery; precious stones; tie tacs, pins, pendants, of base or precious metals; travel clocks; cuff links; clocks, watches; parts and fitting for the aforesaid goods. | |||||||
|
16 |
Printed matter; printed publications; pens; bags; product catalogues, brochures, and informational flyers; books and periodicals about human health and fitness, weight management, dietary supplements and foods, business opportunities, marketing plans, and personal achievement. | |||||||
|
21 |
Household or kitchen utensils, porcelain and earthenware, mugs, cups, glassware, tablet boxes, containers for powdered or loose food items, stirring instruments. | |||||||
|
25 |
Clothing, headgear. footwear. | |||||||
|
28 |
Toys, stuffed toys, plastic figurines being toys, games and playthings. | |||||||
|
29 |
Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats, and nuts; snack foods included in Int. class 29, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption; herbal preparations for making food or food supplements. | |||||||
|
30 |
Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snacks; snack foods; herbal preparations (supplements) not for medical use included in class 30. | |||||||
|
31 |
Herb supplements not for medical use, marine botanicals, fungi, tree bark, natural plants and flowers, seeds, roots, and bulbs. | |||||||
|
32 |
Mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices and other preparations for making beverages; ready-to-drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and non-alcoholic drinks; protein-based food powders for making beverages. | |||||||
|
35 |
Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation (making and processing of contact information concerning potential customers), order processing; compilation of information into computer databases related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
|
36 |
Payment processing. | |||||||
|
41 |
Educational and training programs related to weight management and human health and fitness; educational and training programs related to multi-level marketing and development of small business. | |||||||
|
42 |
Providing and design of web spaces related to weight management, human health and fitness, multi-level marketing and development of small businesses. | |||||||
| Diary Dates: | ||||||||
|
Application Date |
03-10-2006 | Registration Date | 01-25-2008 | |||||
| Next Renewal | 03-10-2016 | |||||||
670/745
| 3/4/2014 | Portfolio Report |
671/745
| 3/4/2014 | Portfolio Report |
| Trademark Ukraine | TM1038UA00 | |||||||||||
| Ring of Leaves device | ||||||||||||
| Status: | Registered/Granted | |||||||||||
| Application | m 2005 06467 | Registration No. | 73168 | |||||||||
| No. | ||||||||||||
| Application | Without Priority | |||||||||||
| Type: | ||||||||||||
| Applicant: | Herbalife International, Inc. | |||||||||||
| Classes: | 05, 29, 30, 32, 44 | |||||||||||
| List of Goods | ||||||||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplements made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements for medical use, medical purpose or medicinal purpose. | |||||||||||
| 29 | Soups, preparations for making soup, vegetable soup preparations, snacks, milk, milk beverages, milk products; protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; edible oils and fats. | |||||||||||
| 30 | Coffee, tea, cocoa and beverages based on coffee, tea and cocoa; spices; preparations made from cereals; honey, treacle and preparations made therefrom; powdered drinks and drink mixes based on the goods of Class 30 for use in nutritional and dietary health regimens; powdered meal preparations made of protein. | |||||||||||
| 32 | Non-alcoholic beverages; syrups and other preparations for making beverages, non-alcoholic beverages and powdered or concentrated preparations for making non-alcoholic beverages; ready to drink beverages for use in nutritional and dietary health regimens. | |||||||||||
| 44 | Services for the planning of weight reduction and reform of dietary intake; supervision of weight reduction in individuals and plans for maintenance of proper nutrition. | |||||||||||
| Diary Dates: | ||||||||||||
| Application | 06-14-2005 | Registration Date | 03-15-2007 | |||||||||
| Date | ||||||||||||
| Next Renewal | 06-14-2015 | |||||||||||
| Trademark Ukraine | TM1040UA00 | |||||||||
| SHAPEWORKS | ||||||||||
| Status: | Registered/Granted | |||||||||
| Application | m 2005 06468 | Registration No. | 73169 | |||||||
| No. | ||||||||||
| Application | Without Priority | |||||||||
| Type: | ||||||||||
| Applicant: | Herbalife International, Inc. | |||||||||
| Classes: | 05, 29, 30, 32, 44 | |||||||||
| List of Goods | ||||||||||
| 05 | Healthcare products, health food supplements made principally of vitamins, health food supplements made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes; nutritional and dietary supplements for medical use, medical purpose or medicinal purpose. | |||||||||
| 29 | Soups, preparations for making soup, vegetable soup preparations, snacks, milk, milk beverages, milk products; protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; edible oils and fats. | |||||||||
| 30 | Coffee, tea, cocoa and beverages based on coffee, tea and cocoa; spices; preparations made from cereals; honey, treacle and preparations made therefrom; powdered drinks and drink mixes based on the goods of Class 30 for use in nutritional and dietary health regimens; powdered meal preparations made of protein. | |||||||||
| 32 | Non-alcoholic beverages; syrups and other preparations for making beverages, non-alcoholic beverages and powdered or concentrated preparations for making non- alcoholic beverages; ready to drink beverages for use in nutritional and dietary health regimens. | |||||||||
| 44 | Services for the planning of weight reduction and reform of dietary intake; supervision of weight reduction in individuals and plans for maintenance of proper nutrition. | |||||||||
| Diary Dates: | ||||||||||
| Application | 06-14-2005 | Registration Date | 03-15-2007 | |||||||
| Date | ||||||||||
| Next Renewal | 06-14-2015 | |||||||||
672/745
| 3/4/2014 | Portfolio Report |
673/745
| 3/4/2014 | Portfolio Report |
674/745
| 3/4/2014 | Portfolio Report |
675/745
| 3/4/2014 | Portfolio Report |
676/745
| 3/4/2014 | Portfolio Report |
| Trademark United Arab Emirates | TM1027AE30 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 137539 | Registration No. | 107413 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 30 | |||||||
| List of Goods | ||||||||
| 30 | Preparations for making herbal teas. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-29-2009 | Registration Date | 09-01-2010 | |||||
| Next Renewal | 12-29-2019 | |||||||
| Trademark United Arab Emirates | TM1027AE29 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 137537 | Registration No. | 107411 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Snack foods; soup mixes; powdered meal replacement foods. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-29-2009 | Registration Date | 09-01-2010 | |||||
| Next Renewal | 12-29-2019 | |||||||
| Trademark United Arab Emirates | TM1027AE44 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 137541 | Registration No. | 107415 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 44 | |||||||
| List of Goods | ||||||||
| 44 | Providing information about human health and nutrition. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-29-2009 | Registration Date | 09-01-2010 | |||||
| Next Renewal | 12-29-2019 | |||||||
| Trademark United Kingdom | TM1031GB00 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1198424 | Registration No. | 1198424 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations; mineral preparations included in Class 5; herbs and linseed, all for medicinal purposes; analgesic preparations. | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-25-1983 | Registration Date | 06-25-1983 | |||||
| Next Renewal | 06-25-2014 | |||||||
677/745
| 3/4/2014 | Portfolio Report |
| Trademark United Kingdom | TM1068GB00 | |||||||
|
DERMAJETICS |
||||||||
| Status: | Expired | |||||||
| Application No. | 1579630 | Registration No. | 1579630 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Toilet preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, aftershave preparations; preparations for the care, treatment and cleansing of skin, hair and the body; preparations for the shower and bath; all included in Class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-26-1994 | Registration Date | 01-17-1997 | |||||
| Next Renewal | 07-26-2011 | |||||||
| Trademark United Kingdom | TM1011GB00 | |||||||
|
Figurine Design (rainbowman - style) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2122001 | Registration No. | 2122001 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 29, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | Toilet preparations, soaps, perfumery, essential oils, cosmetics, dentifrices, shaving and after shave preparations, suntanning preparations, preparations for the care, treatment and cleansing of skin, hair and the body; preparations for the shower and bath. | |||||||
| 05 | Dietary and dietetic substances, preparations and supplements; foodstuffs and beverages adapted for medical or medicinal purposes; nutritional supplements; herbal preparations, vitamin preparations, mineral preparations, protein preparations, fibre preparations; foods and beverages used as meal replacements; powdered preparations for making beverages; food and beverages for babies, infants and invalids. | |||||||
| 29 | Milk-based beverages, and preparations for making such beverages; preparations for making soups; dietary supplements (other than for medical use). | |||||||
| 30 | Coffee, tea, cocoa, artificial coffee; chocolate, cocoa, coffee or tea-based beverages and preparations for making such beverages, flavourings for beverages, cereal preparations, infusions; dietary supplements (other than for medical use). | |||||||
| 32 | Non-alcoholic beverages and preparations for making such beverages, fruit juices and vegetable juices; beverages enriched with added minerals, trace elements, protein and/or vitamins; beverages for use as aids to dieting. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-28-1997 | Registration Date | 08-01-1997 | |||||
| Next Renewal | 01-28-2017 | |||||||
| Trademark United Kingdom | TM1080GB00 | |||||||
|
Figurine Design (reversed rainbowman) |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2210087 | Registration No. | 2210087 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Dietetic substances for medical use; food for babies; herbs; herb teas; herbs for medical purposes; nutritional supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-29-1999 | Registration Date | 03-10-2000 | |||||
| Next Renewal | 09-29-2019 | |||||||
678/745
| 3/4/2014 | Portfolio Report |
| Trademark United Kingdom | TM1079GB00 | |||||||
|
HERBAL LIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1049940 | Registration No. | 1049940 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Perfumes, colognes; non-medicated toilet preparations and toilet articles included in Class 3; cosmetics; soaps; essential oils; hair lotions and dentifrices; all containing herbs, or extracts of herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-23-1975 | Registration Date | 07-23-1975 | |||||
| Next Renewal | 07-23-2016 | |||||||
| Trademark United Kingdom | TM1001GB01 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1277798 | Registration No. | 1277798 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 16 | |||||||
| List of Goods | ||||||||
| 16 | Books, printed publications, printed matter; all relating to herbs or to herbal products. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-04-1986 | Registration Date | 03-10-1989 | |||||
| Next Renewal | 09-04-2017 | |||||||
| Trademark United Kingdom | TM1001GB00 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1189899 | Registration No. | 1189899 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29 | |||||||
| List of Goods | ||||||||
| 29 | Protein preparations, included in Class 29; soups, all containing herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-1983 | Registration Date | 02-04-1983 | |||||
| Next Renewal | 02-04-2014 | |||||||
| Trademark United Kingdom | TM1001GB04 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2005422 | Registration No. | 2005422 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Toilet preparations, soaps, powders, perfumery, essential oils, cosmetics, dentifrices, shaving and after shave preparations; sun tanning preparations; preparations for the care, treatment and cleansing of skin, hair and the body; preparations for the shower and bath. | |||||||
| Diary Dates: | ||||||||
| Application Date | 12-15-1994 | Registration Date | 12-08-1995 | |||||
| Next Renewal | 12-15-2014 | |||||||
679/745
| 3/4/2014 | Portfolio Report |
| Trademark United Kingdom | TM1001GB02 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1189897 | Registration No. | 1189897 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Shampoos, lotions, rinsing preparations and conditioning preparations, all for the hair; cleansers, moisturizers, toners, creams, ointments, gels and lotions, all being non-medicated toilet preparations; all containing herbs or extracts of herbs. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-1983 | Registration Date | 02-04-1983 | |||||
| Next Renewal | 02-04-2014 | |||||||
| Trademark United Kingdom | TM1001GB03 | |||||||
|
HERBALIFE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1189898 | Registration No. | 1189898 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations; mineral preparations included in Class 5; analgesic preparations; linseed preparations, all for medicinal purposes; all containing herbs or herbal extracts; herbs, all for medicinal purposes. | |||||||
| Diary Dates: | ||||||||
| Application Date | 02-04-1983 | Registration Date | 02-04-1983 | |||||
| Next Renewal | 02-04-2014 | |||||||
| Trademark United Kingdom | TM1076GB00 | |||||||
|
HERBALIFE MALE FACTOR 1000 |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1404797 | Registration No. | 1404797 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin and mineral preparations, all adapted for dietary purposes or in the form of nutritional supplements; analgesic preparations and linseed preparations, all in the form of health supplements; all containing herbs or herbal extracts; all for males and all included in Class 5. | |||||||
| Diary Dates: | ||||||||
| Application Date | 11-14-1989 | Registration Date | 01-31-1992 | |||||
| Next Renewal | 11-14-2016 | |||||||
680/745
| 3/4/2014 | Portfolio Report |
| Trademark United Kingdom | TM1075GB00 | |||||||
|
HERBALIFE SCHIZANDRA PLUS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1210814 | Registration No. | 1210814 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations; mineral preparations included in Class 5; analgesic preparations; all consisting wholly or substantially wholly of schizandra. | |||||||
| Diary Dates: | ||||||||
| Application Date | 01-14-1984 | Registration Date | 11-14-1984 | |||||
| Next Renewal | 01-14-2015 | |||||||
| Trademark United Kingdom | TM1016GB00 | |||||||
|
HERBALIFELINE |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 2268419 | Registration No. | 2268419 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Vitamin preparations; mineral preparations included in Class 5; analgesic preparations; linseed preparations, all for medicinal purposes; all containing herbs or herbal extracts, all for medicinal purposes; nutritional and dietary supplements. | |||||||
| Diary Dates: | ||||||||
| Application Date | 04-26-2001 | Registration Date | 09-28-2001 | |||||
| Next Renewal | 04-26-2011 | |||||||
| Trademark United Kingdom | TM1072GB00 | |||||||
|
OCEAN CURRENTS |
||||||||
| Status: | Expired | |||||||
| Application No. | 1579628 | Registration No. | 1579628 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Toilet preparations; soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, aftershave preparations; preparations for the care, treatment and cleansing of skin, hair and the body; preparations for the shower and bath; all included in Class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 07-26-1994 | Registration Date | 09-01-1995 | |||||
| Next Renewal | 07-26-2011 | |||||||
| Trademark United Kingdom | TM1063GB00 | |||||||
|
PINSTRIPE |
||||||||
| Status: | Expired | |||||||
| Application No. | 1580539 | Registration No. | 1580539 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03 | |||||||
| List of Goods | ||||||||
| 03 | Toilet preparations, personal hygiene products, powders, perfumes, colognes, body oils, body lotions, body creams, bath oils, soaps, deodorants and aftershave preparations; all included in Class 3. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-03-1994 | Registration Date | 06-09-1995 | |||||
| Next Renewal | 08-03-2011 | |||||||
681/745
| 3/4/2014 | Portfolio Report |
682/745
| 3/4/2014 | Portfolio Report |
683/745
| 3/4/2014 | Portfolio Report |
684/745
| 3/4/2014 | Portfolio Report |
685/745
| 3/4/2014 | Portfolio Report |
686/745
| 3/4/2014 | Portfolio Report |
687/745
| 3/4/2014 | Portfolio Report |
688/745
| 3/4/2014 | Portfolio Report |
689/745
| 3/4/2014 | Portfolio Report |
690/745
| 3/4/2014 | Portfolio Report |
691/745
| 3/4/2014 | Portfolio Report |
692/745
| 3/4/2014 | Portfolio Report |
693/745
| 3/4/2014 | Portfolio Report |
694/745
| 3/4/2014 | Portfolio Report |
695/745
| 3/4/2014 | Portfolio Report |
696/745
| 3/4/2014 | Portfolio Report |
697/745
| 3/4/2014 | Portfolio Report |
698/745
| 3/4/2014 | Portfolio Report |
699/745
| 3/4/2014 | Portfolio Report |
700/745
| 3/4/2014 | Portfolio Report |
701/745
| 3/4/2014 | Portfolio Report |
702/745
| 3/4/2014 | Portfolio Report |
703/745
| 3/4/2014 | Portfolio Report |
704/745
| 3/4/2014 | Portfolio Report |
705/745
| 3/4/2014 | Portfolio Report |
706/745
| 3/4/2014 | Portfolio Report |
707/745
| 3/4/2014 | Portfolio Report |
708/745
| 3/4/2014 | Portfolio Report |
709/745
| 3/4/2014 | Portfolio Report |
710/745
| 3/4/2014 | Portfolio Report |
| Trademark Uzbekistan | TM1027UZ00 | |||||||
|
Tri-Leaf Design |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | MB GU 9700944.3 | Registration No. | 7745 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 03, 05, 16, 30, 32 | |||||||
| List of Goods | ||||||||
| 03 | Skin care products, namely, body toning cream. | |||||||
| 05 | Nutritional supplements, dietetic foods, all consisting of vitamins, minerals, herbs, fiber and protein, all in tablet, powder, capsule or liquid form. | |||||||
| 16 | Books, stationery, printed publications and printed matter. | |||||||
| 30 | Herbal teas. | |||||||
| 32 | Powdered protein, vitamins, minerals and herbs for making beverages. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-18-1997 | Registration Date | 09-30-1998 | |||||
| Next Renewal | 09-18-2017 | |||||||
| Trademark Uzbekistan | TM1637UZ00 | |||||||
|
Tri-Leaf Device |
||||||||
| Status: | Registered | |||||||
| Application No. | MGU 2012 1905 | Reg. No. | MGU 20121905 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 29, 35 | |||||||
| List of Goods | ||||||||
| 29 | Foods and snacks made from processed oils, fats, and nuts; dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads. | |||||||
| 35 | Advertising; business management; business administration; office functions; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of small business. | |||||||
| Diary Dates: | ||||||||
| Application Date | 09-17-2012 | |||||||
| Trademark Venezuela, Bolivarian Republic of | TM1031VE06 | |||||||
|
CELL-U-LOSS |
||||||||
| Status: | Registered/Granted | |||||||
| Application No. | 1983-006950 | Registration No. | F121246 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 06 | |||||||
| List of Goods | ||||||||
| 06 | Pharmaceutical preparations, vitamins; medicines; medicinal food supplements, protein, extracts and herbs for medical purposes; dietetic substances, medicinal cosmetics; essential oils, hair soaps and dentifrices for medical purposes; medicinal and human conditioning supplements in all forms including tablets, liquids, capsules and powders, herbal drinks and medicinal soups. | |||||||
| Diary Dates: | ||||||||
| Application Date | 08-31-1983 | Registration Date | 05-08-1986 | |||||
| Next Renewal | 05-08-2011 | |||||||
711/745
| 3/4/2014 | Portfolio Report |
712/745
| 3/4/2014 | Portfolio Report |
713/745
| 3/4/2014 | Portfolio Report |
714/745
| 3/4/2014 | Portfolio Report |
715/745
| 3/4/2014 | Portfolio Report |
716/745
| 3/4/2014 | Portfolio Report |
717/745
| 3/4/2014 | Portfolio Report |
718/745
| 3/4/2014 | Portfolio Report |
719/745
| 3/4/2014 | Portfolio Report |
720/745
| 3/4/2014 | Portfolio Report |
721/745
| 3/4/2014 | Portfolio Report |
722/745
| 3/4/2014 | Portfolio Report |
723/745
| 3/4/2014 | Portfolio Report |
724/745
| 3/4/2014 | Portfolio Report |
725/745
| 3/4/2014 | Portfolio Report |
726/745
| 3/4/2014 | Portfolio Report |
727/745
| 3/4/2014 | Portfolio Report |
728/745
| 3/4/2014 | Portfolio Report |
729/745
| 3/4/2014 | Portfolio Report |
730/745
| 3/4/2014 | Portfolio Report |
731/745
| 3/4/2014 | Portfolio Report |
732/745
| 3/4/2014 | Portfolio Report |
733/745
| 3/4/2014 | Portfolio Report |
734/745
| 3/4/2014 | Portfolio Report |
735/745
| 3/4/2014 | Portfolio Report |
736/745
| 3/4/2014 | Portfolio Report |
737/745
| 3/4/2014 | Portfolio Report |
738/745
| 3/4/2014 | Portfolio Report |
739/745
| 3/4/2014 | Portfolio Report |
740/745
| 3/4/2014 | Portfolio Report |
741/745
| 3/4/2014 | Portfolio Report |
742/745
| 3/4/2014 | Portfolio Report |
|
Trademark Zambia Tri-Leaf Design |
TM1027ZM25 | |||
| Status: | Pending | |||
| Application No. | 760/2005 | |||
| Application Type: | Without Priority | |||
| Applicant: | Herbalife International, Inc. | |||
| Classes: | 25 | |||
| List of Goods | ||||
| 25 | ||||
| Diary Dates: | ||||
| Application Date | 12-30-2005 | |||
|
Trademark Zambia Tri-Leaf Design |
TM1027ZM03 | |||
| Status: | Refused | |||
| Application No. | 756/2005 | |||
| Application Type: | Without Priority | |||
| Applicant: | Herbalife International, Inc. | |||
| Classes: | 03 | |||
| List of Goods | ||||
| 03 | ||||
| Diary Dates: | ||||
| Application Date | 12-30-2005 | |||
|
Trademark Zambia Tri-Leaf Design |
TM1027ZM16 | |||
| Status: | Refused | |||
| Application No. | 757/2005 | |||
| Application Type: | Without Priority | |||
| Applicant: | Herbalife International, Inc. | |||
| Classes: | 16 | |||
| List of Goods | ||||
| 16 | ||||
| Diary Dates: | ||||
| Application Date | 12-30-2005 | |||
|
Trademark Zambia Tri-Leaf Design |
TM1027ZM29 | |||
| Status: | Refused | |||
| Application No. | 761/2005 | |||
| Application Type: | Without Priority | |||
| Applicant: | Herbalife International, Inc. | |||
| Classes: | 29 | |||
| List of Goods | ||||
| 29 | ||||
| Diary Dates: | ||||
| Application Date | 12-30-2005 | |||
743/745
| 3/4/2014 | Portfolio Report |
744/745
| 3/4/2014 | Portfolio Report |
|
Trademark Zambia VegetACE |
TM1045ZM05 | |||||||
| Status: | Registered/Granted | |||||||
| Application No. | 390/2007 | Registration No. | 390/2007 | |||||
| Application Type: | Without Priority | |||||||
| Applicant: | Herbalife International, Inc. | |||||||
| Classes: | 05 | |||||||
| List of Goods | ||||||||
| 05 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for | |||||||
| Diary Dates: | ||||||||
| Application Date | 06-29-2007 | Registration Date | 11-04-2008 | |||||
| Next Renewal | 06-29-2014 | |||||||
745/745
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number AR-1 Q5 HERBALIFE Argentina APPLICATION (PENDING) Status According to PTO: NEW APPLICATION 29 29 Clase 29 : Internacional Limitada SOLAMENTE
PRODUCTOS ALIMENTICIOS PROTEICOS PARA EL CONSUMO HUMANO. Goods and Services Computerised Translation: 29 Class 29: International Limited PROTEIN PRODUCTS ONLY FOOD FOR HUMAN CONSUMPTION. HERBALIFE INTERNATIONAL, INC. (NEVADA) (United States of
America) App 3368600 AR-10 Q5 HERBALIFE Argentina REGISTRATION (REGISTERED) Status According to PTO: REGISTERED TRADEMARK 3 03 Clase 03 : Internacional Limitada SOLAMENTE CHAMPU, CREMAS DE ENJUAGUE Y ACONDICIONADORES PARA EL CABELLO, LIMPIADORES
PARA LA PIEL, HUMECTANTES, CREMAS FACIALES Y CREMAS DE AFEITAR. Goods and Services Computerised Translation: 03 Cl. 03: International Limited ONLY SHAMPOOS, CREAM THAN RINSING AND CONDITIONERS FOR THE HAIR, SKIN CLEANSERS, MOISTENING AGENTS, FACIAL
CREAM AND SHAVING CREAMS. HERBALIFE INTERNATIONAL, INC. (United States of America) App 3301305 Reg 2671393 AR-11 Q5 C RADIANT Argentina REGISTRATION (REGISTERED) Status According to PTO: REGISTERED TRADEMARK 3 03 Clase 03 : Internacional Toda la
clase EXCEPTO PREPARACIONES PARA BLANQUEAR Y OTRAS SUSTANCIAS PARA LA COLADA, PREPARACIONES PARA LIMPIAR, PULIR, DESENGRASAR Y RASPAR, JABONES, INCLUIDOS JABONES DE TOCADOR, COLONIAS, DESODORANTES, ANTITRANSPIRANTES, PAÑOS IMPREGNADOS DE
DETERGENTE PARA LA LI MPIEZA.
Goods and Services Computerised Translation: 03 Class 03: International whole class EXCEPT WHITENING PREPARATIONS AND OTHER
SUBSTANCES FOR LAUNDRY, cleaning, polishing, scouring and abrasive preparations, SOAPS, TOILET SOAPS INCLUDING, colognes, deodorants, antiperspirants, SATURATED WITH DETERGENT WIPES FOR LI mpieza. HERBALIFE INTERNATIONAL INC. (United States of
America) App 3290206 Reg 2681361 AR-12 Q5 SKIN ACTIVATOR Argentina REGISTRATION (REGISTERED) Status According to PTO: REGISTERED TRADEMARK 3 03 Clase 03 : Internacional Toda la clase EXCEPTO PAÑOS IMPREGNADOS DE DETERGENTE PARA LA LIMPIEZA.
Goods and Services Computerised Translation: 03 Cl. 03: International whole class EXCEPT CLOTHS IMPREGNATED WITH A DETERGENT FOR CLEANING. HERBALIFE INTERNATIONAL INC. (United States of America) App 3220138 Reg 2577702 AR-13 Q5 KINDERMINS Argentina
REGISTRATION (REGISTERED) Status According to PTO: REGISTERED TRADEMARK 5 05 Clase 05 : Internacional Toda la clase Goods and Services Computerised Translation: 05 Cl. 05: International whole class HERBALIFE INTERNATIONAL INC. (United States of
America) App 3164971 Reg 2523459
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
AR-14 Q5 LIPO-BOND Argentina REGISTRATION (REGISTERED) Status According to PTO: REGISTERED TRADEMARK 5 05 Clase 05 : Internacional Toda la clase
SOLAMENTE SUPLEMENTOS NUTRICIONALES DE LA CLASE 5 INTERNACIONAL.
Goods and Services
Computerised Translation:
05 Cl. 05: International whole class
ONLY
NUTRITIONAL SUPPLEMENTS OF CLASSES 5
INTERNATIONAL. HERBALIFE INTERNATIONAL, INC (United States of America) App 3157639 Reg 2593254
AR-16 Q5 Design Only Argentina REGISTRATION (REGISTERED) Status According to PTO: REGISTERED TRADEMARK 3 03 Clase 03 : Internacional Toda la clase EXCEPTO PAÑOS IMPREGNADOS
DE DETERGENTE PARA LA LIMPIEZA.
Goods and Services Computerised Translation:
03 Cl. 03: International whole class
EXCEPT CLOTHS IMPREGNATED WITH A
DETERGENT FOR CLEANING. HERBALIFE INTERNATIONAL, INC. (United States of America) App 2931313 Reg 2384617
AR-2 Q5 HERBALIFE SKIN Argentina APPLICATION (PENDING)
Status According to PTO: NEW APPLICATION 3 03 Clase 03 : Internacional Limitada
SOLAMENTE PREPARACIONES NO MEDICINALES PARA EL CUIDADO DE LA PIEL, A SABER, CREMAS
FACIALES, CREMASPARA LOS OJOS, LIMPIADORES FACIALES, EXfOLIANTES, CREMAS LIMPIADORAS, LOCIONES Y ACEITES, CREMASPARA EL CUERPO, CREMAS HIDRATANTES Y TÓNICOS, GELES, JABONES Y MASCARILLAS PARA EL USO EN LACARA Y EL CUERPO, CREMAS DE AFEITAR
PREPARACIONES NO MEDICINALES PARA LA PROTECCIÓN SOLAR. Goods and Services Computerised Translation:
03 Class 03: International Limited
NOT ONLY MEDICINAL PREPARATIONS FOR SKIN CARE, TO KNOW, FACIAL CREAM, CREMASPARA EYE, FACE CLEANERS, scrubs, cleansers, lotions and oils CREMASPARA BODY, moisturizers and toners,
GELS, SOAPS AND MASKS FOR USE IN LACARA AND BODY CREAM SHAVING PREPARATIONS FOR MEDICAL NO SUNSCREEN. HERBALIFE INTERNATIONAL INC. (United States of America) App 3353287
AR-22 Q5 Design Only Argentina REGISTRATION (REGISTERED) Status According to PTO: REGISTERED TRADEMARK 32 32 Clase 32 : Internacional Toda la clase
Goods and Services Computerised Translation:
32 Cl. 32: International whole class HERBALIFE
INTERNATIONAL, INC. (United States of America) App 2828579 Reg 2381888
AR-26 Q5 CORE COMPLEX Argentina REGISTRATION (REGISTERED) Status According to PTO:
REGISTERED TRADEMARK 29 29 Clase 29 : Internacional Limitada
SOLAMENTE : ACEITE DE PESCADO, ACEITES, GRASAS Y NUECES PREPARADAS.
Goods and Services Computerised Translation:
29 Cl. 29: International Limited
ONLY: FISH OIL, OILS, FATS AND PREPARED NUTS. HERBALIFE INTERNATIONAL INC. (United States of America) App 2640566 Reg 2154357
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
AR-3 Q5 HERBALIFE24 Argentina APPLICATION (PENDING) Status According to PTO: NEW APPLICATION 29 29 Clase 29 : Internacional Limitada
SOLAMENTE ALIMENTOS QUE CONSISTEN EN PREPARADOSEN pOLVO;ALIMENTOS QUE CONSISTENEN PREPARADOS EN POLVO INCLUYENDO SUPLEMENTOSDIETÉTICOS O SUPLEMENTOS NUTRITIVOSO SUPLEMENTOS
ALIMENTICIOS QUE CONTIENENPROTEÍNAS, MINERALES Y VITAMINAS.
Goods and Services Computerised Translation:
29 Class 29: International Limited
ONLY FOOD CONSISTING PREPARADOSEN dust CONSISTENEN FOODS
INCLUDING SUPLEMENTOSDIETÉTICOS POWDERED OR SUPPLEMENTS NUTRITIONAL SUPPLEMENTS THAT NUTRITIVOSO CONTIENENPROTEÍNAS, MINERALS AND VITAMINS. HERBALIFE INTERNATIONAL, INC. (United States of America) App 3340337
AR-4 Q5 HERBALIFE24 Argentina APPLICATION (PENDING) Status According to PTO: NEW APPLICATION 32 32 Clase 32 : Internacional Limitada
SOLAMENTE PREPARACIONES PARA ELABORAR BEBIDASNO ALCOHOLICAS; BEBIDAS PARA EL ENTRENAMIENTODEPORTIVO Y DE ATLETISMO; BEBIDASDEPORTIVAS QUE CONTIENEN PROTEINAS, MINERALESY VITAMINAS.
Goods and Services Computerised Translation:
32 Class 32: International
Limited
ONLY DEVELOP BEBIDASNO ALCOHOLIC PREPARATIONS; ENTRENAMIENTODEPORTIVO AND DRINKS FOR ATHLETICS; BEBIDASDEPORTIVAS CONTAINING PROTEIN, VITAMIN MINERALESY.
HERBALIFE INTERNATIONAL, INC. (United States of America) App 3340338
AR-44 Q5 DERMAJETICS Argentina REGISTRATION (REGISTERED) Status According to PTO: REGISTERED
TRADEMARK 3 03 Clase 03 : Internacional Limitada
SOLAMENTE PRODUCTOS PARA EL CUIDADO DE LA PIEL, PRINCIPALMENTE LIMPIADORES, HUMECTANTES, TONICOS, ASTRINGENTES,
MASCARAS FACIALES CREMAS FACIALES, CREMAS PARA LOS OJOS, CREMAS PARA EL
CUERPO, LOCIONES PARA EL CUERPO, ACEITES Y GELS PARA EL BAÑO.
Goods and Services Computerised Translation:
03 Cl. 03: International Limited
ONLY CARE ITEMS THAN THE SKIN., MAINLY WASHES, MOISTENING AGENTS, TONICS., ASTRINGENTS, FACE MASKS CREAMS FACIAL,
EYE CREAM, BODY CREAMS, BODY LOTIONS, OILS AND GELS FOR BATH. HERBALIFE INTERNATIONAL INC. (United States of America) App 2579081 Reg 2044233
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
AR-5 Q5 HERBALIFE24 Argentina APPLICATION (PENDING) Status According to PTO: NEW APPLICATION 5 05 Clase 05 : Internacional Limitada
SOLAMENTE COMPLEMENTOS DIETETICOS Y NUTRITIVOS;SUPLEMENTOS ALIMENTICIOS; SUPLEMENTOSDIETETICOS Y NUTRITIVOS PARA DEPORTESY ATLETISMO; BEBIDAS ENRIQUECIDAS
NUTRITIVAMENTE;SUPLEMENTOS ALIMENTICIOS CON PROTEINAS,MINERALES Y VITAMINAS.
Goods and Services Computerised Translation:
05 Class 05: International Limited
NUTRITIONAL AND DIETARY SUPPLEMENTS ONLY; NUTRITIONAL
SUPPLEMENTS; SUPLEMENTOSDIETETICOS DEPORTESY FOR ATHLETICS AND NUTRITIOUS; Nutritionally fortified beverages; FOOD SUPPLEMENT WITH PROTEIN, VITAMINS AND MINERALS. HERBALIFE INTERNATIONAL, INC. (United States of America) App 3340336
AR-6 Q5 24 Argentina APPLICATION (PENDING) Status According to PTO: NEW APPLICATION 5 05 Clase 05 : Internacional Limitada
SOLAMENTE COMPLEMENTOS DIETETICOS Y NUTRITIVOS;SUPLEMENTOS ALIMENTICIOS; SUPLEMENTOSDIETETICOS Y NUTRITIVOS PARA DEPORTESY ATLETISMO; BEBIDAS ENRIQUECIDAS
NUTRITIVAMENTE;SUPLEMENTOS ALIMENTICIOS CON PROTEINAS,MINERALES Y VITAMINAS.
Goods and Services Computerised Translation:
05 Class 05: International Limited
NUTRITIONAL AND DIETARY SUPPLEMENTS ONLY; NUTRITIONAL
SUPPLEMENTS; SUPLEMENTOSDIETETICOS DEPORTESY FOR ATHLETICS AND NUTRITIOUS; Nutritionally fortified beverages; FOOD SUPPLEMENT WITH PROTEIN, VITAMINS AND MINERALS. HERBALIFE INTERNATIONAL, INC. (United States of America) App 3340339
AR-61 Q5 VIDA Argentina REGISTRATION (REGISTERED) Status According to PTO: REGISTERED TRADEMARK 3 03 Clase 03 : Internacional Toda la clase
Goods and Services Computerised Translation:
03 Cl. 03: International whole class HERBALIFE
INTERNATIONAL INC. (United States of America) App 2200848 Reg 1818472
AR-66 Q5 SCHIZANDRA PLUS Argentina REGISTRATION (REGISTERED) Status According to PTO:
REGISTERED TRADEMARK 5 05 Clase 05 : Internacional Toda la clase
Goods and Services Computerised Translation:
05 Cl. 05: International whole class HERBALIFE INTERNATIONAL INC. (NEVADA). (United States of America) App 1970947 Reg 1874953
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
AR-7 Q5 24 Argentina APPLICATION (PENDING) Status According to PTO: NEW APPLICATION 32 32 Clase 32 : Internacional Limitada
SOLAMENTE PREPARACIONES PARA ELABORAR BEBIDASNO ALCOHOLICAS; BEBIDAS PARA EL ENTRENAMIENTODEPORTIVO Y DE ATLETISMO; BEBIDASQUE CONTIENEN PROTEINAS, MINERALES Y VITAMINAS.
Goods and Services Computerised Translation:
32 Class 32: International
Limited
ONLY DEVELOP BEBIDASNO ALCOHOLIC PREPARATIONS; ENTRENAMIENTODEPORTIVO AND DRINKS FOR ATHLETICS; BEBIDASQUE CONTAINING PROTEIN, VITAMINS AND MINERALS.
HERBALIFE INTERNATIONAL, INC. (United States of America) App 3340341
AR-8 Q5 24 Argentina APPLICATION (PENDING) Status According to PTO: NEW APPLICATION 29 29
Clase 29 : Internacional Limitada
SOLAMENTE ALIMENTOS QUE CONSISTEN EN PREPARADOSEN POLVO;AIIMENTOS QUE CONSISTENEN PREPARADOS EN POLVO INCLUYENDO
SUPLEMENTOSDIETÉTICOS O SUPLEMENTOS NUTRITIVOSO SUPLEMENTOS ALIMEnTICIOS QUE CONTIENENPROTEÍNAS, MINERALES Y VITAMINAS.
Goods and Services
Computerised Translation:
29 Class 29: International Limited
ONLY FOOD
CONSISTING PREPARADOSEN POWDER; AIIMENTOS CONSISTENEN THAT POWDERED OR SUPPLEMENTS INCLUDING SUPLEMENTOSDIETÉTICOS NUTRITIVOSO Nutritionals THAT CONTIENENPROTEÍNAS, MINERALS AND VITAMINS. HERBALIFE INTERNATIONAL, INC. (United States of
America) App 3340340
AR-9 Q5 HERBALIFE Argentina REGISTRATION (REGISTERED) Status According to PTO: REGISTERED TRADEMARK 5 05 Clase 05 : Internacional Limitada
SOLAMENTE COMPLEMENTO NUTRICIONAL DE VITAMINAS, MINERALES, HIERBAS Y PROTEINAS, TODOS EN FORMA DE TABLETAS, POLVO O LIQUIDO.
Goods and Services Computerised Translation:
05 Cl. 05: International Limited
ONLY COMPLEMENTS NUTRITIONAL THAN VITAMINS, MINERALS, HERBS AND PROTEINS, ALL IN FORM OF TABLETS, POWDER OR LIQUID. HERBALIFE INTERNATIONAL, INC. (United States of America) App
3301306 Reg 2671394
AU-1 Q5 HERBALIFE Australia © IP Australia, the sole official and authorized provider for Australia, gives
no warranty as to the accuracy of the information provided by Thomson CompuMark and accepts no
liability for the use of this information. APPLICATION (PENDING) Status According to
PTO: ACCEPTED 29 35 29 Food products in Class 29; foods consisting of powdered preparations; foods consisting of powdered preparations including dietary supplements and/or
nutritional supplements and/or food supplements containing proteins, minerals and vitamins
35 Retail services provided through direct solicitation by a network of
independent distributors and independent representatives directed to end-users featuring foods, dietary supplements, beverages, topical personal care products, clothing, audio and video programs, and publications containing information about human
health, nutrition and fitness; sale through direct solicitation by a network of independent distributors and independent representatives directed to end-users of marketing services; marketing services Herbalife International, Inc. (United States of
America) App 1644467
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
AU-2 Q5 HERBALIFE24 Australia © IP Australia, the sole official and authorized provider for Australia, gives
no warranty as to the accuracy of the information provided by Thomson CompuMark and accepts no
liability for the use of this information. UNPUBLISHED APPLICATION (PENDING) Status According to PTO: UNDER EXAMINATION EXTENSION FEES NOT REQUIRED 5 29 30
32 05 Dietary and nutritional supplements; food supplements; dietary and nutritional supplements for sports and athletics; nutritionally fortified beverages; food supplements containing proteins, minerals and vitamins
29 Foods consisting of powdered preparations; foods consisting of powdered preparations including dietary supplements and/or nutritional supplements and/or food supplements
containing proteins, minerals and vitamins
30 Shakes and shake mixes incorporating protein, minerals and vitamins
32 Preparations for making non-alcoholic drinks; drinks for spots Herbalife International, Inc. (United States of America) App 1644139
AU-27 Q5 HERBALIFE Australia © IP Australia, the sole official and authorized provider for Australia, gives
no warranty as to the accuracy of the information provided by Thomson CompuMark and accepts no
liability for the use of this information. REGISTRATION (REGISTERED) Status According to PTO: LINKED / MERGED 30 30 Beverages and teas in this class Herbalife
International Inc
(United States of America) App 676551 Reg 676551
AU-28 Q5
HERBALIFE Australia © IP Australia, the sole official and authorized provider for Australia, gives
no warranty as to the accuracy of the information provided
by Thomson CompuMark and accepts no
liability for the use of this information. REGISTRATION (REGISTERED) Status According to PTO: LINKED / MERGED 32 32
Preparations in this class including minerals and herbs for making beverages Herbalife International Inc
(United States of America) App 676552 Reg 676552
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
AU-3 Q5 24 Australia © IP Australia, the sole official and authorized provider for Australia, gives
no warranty as to the accuracy of the information provided by Thomson CompuMark and accepts no
liability for the use of this information. UNPUBLISHED APPLICATION (PENDING) Status According to PTO: UNDER EXAMINATION EXTENSION FEES NOT REQUIRED 5 29 30
32 05 Dietary and nutritional supplements; food supplements; dietary and nutritional supplements for sports and athletics; nutritionally fortified beverages; food supplements containing proteins, minerals and vitamins
29 Foods consisting of powdered preparations; foods consisting of powdered preparations including dietary supplements and/or nutritional supplements and/or food supplements
containing proteins, minerals and vitamins
30 Shakes and shake mixes incorporating protein, minerals and vitamins
32 Preparations for making non-alcoholic drinks; drinks for sports Herbalife International, Inc. (United States of America) App 1644134
AU-4 Q5 HERBALIFE SKIN Australia © IP Australia, the sole official and authorized provider for Australia, gives
no warranty as to the accuracy of the information provided by Thomson CompuMark and accepts no
liability for the use of this information. REGISTRATION (REGISTERED) Status According to PTO: REGISTERED / PROTECTED 3 03 Non-medicated skin care preparations,
namely, facial creams, eye creams, facial cleansers, scrubs, cleansing creams, lotions and oils, body lotion, moisturizers and toners, gels, washes, and masks for use on the face and body, shaving creams; non- medicated sun care preparations
Herbalife International, Inc. (United States of America) App 1581150 Reg 1581150
AU-5 Q5 HERBALIFE AQUA Australia © IP Australia, the sole official and
authorized provider for Australia, gives
no warranty as to the accuracy of the information provided by Thomson CompuMark and accepts no
liability for the use of this information. REGISTRATION (REGISTERED) Status According to PTO: REGISTERED / PROTECTED 3 03 Shampoos, conditioners, hair styling products and other
hair care preparations in this class Herbalife International, Inc. (United States of America) App 1541213 Reg 1541213
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
AU-56 Q5 HERBALIFE Australia © IP Australia, the sole official and authorized provider for Australia, gives
no warranty as to the accuracy of the information provided by Thomson CompuMark and accepts no
liability for the use of this information. REGISTRATION (REGISTERED) Status According to PTO: LINKED REGISTRATION 3 03 All goods in this class including products
in this class for application to hair and skin, such as shampoos, lotions, rinses and conditioners for hair, and cleansers, moisturizers, toners, creams, ointment, gels and lotions for skin, all the aforesaid goods containing
or consisting of herbs Herbalife International Inc
(United States of America) App 385934 Reg
385934
BO-1 Q5 HERBALIFE24 Bolivia APPLICATION (PENDING) 5 COMPLEMENTOS DIETÉTICOS Y NUTRITIVOS; SUPLEMENTOS ALIMENTICIOS; SUPLEMENTOS DIETÉTICOS Y
NUTRITIVOS PARA DEPORTES Y ATLETISMO; BEBIDAS ENRIQUECIDAS NUTRITIVAMENTE; SUPLEMENTOS ALIMENTICIOS CON PROTEÍNAS, MINERALES Y VITAMINAS. Goods and Services Computerised Translation: ACCESSORIES DIETETICS AND NUTRITIVE; FOOD SUPPLEMENTS;
DIETETIC SUPPLEMENTS AND NUTRITIVE FOR SPORTING AND ATHLETICS; BEVERAGES ENRICHED NUTRITIVE; FOOD SUPPLEMENTS INCLUDING PROTEINS, MINERALS AND VITAMINS HERBALIFE INTERNATIONAL, INC. (United States of America) App 5019-2014
BO-2 Q5 HERBALIFE24 Bolivia APPLICATION (PENDING) 29 ALIMENTOS QUE CONSISTEN EN PREPARADOS EN POLVO; ALIMENTOS QUE CONSISTEN EN PREPARADOS EN POLVO INCLUYENDO SUPLEMENTOS
DIETÉTICOS O SUPLEMENTOS NUTRITIVOS O SUPLEMENTOS ALIMENTICIOS QUE CONTIENEN PROTEÍNAS, MINERALES Y VITAMINAS. Goods and Services Computerised Translation: FOODS THAT CONSISTING OF PREPARED POWDERED; FOODS THAT CONSISTING OF PREPARED
POWDERED COMPRISING DIETETICS SUPPLEMENTS OR NUTRICIONAL SUPPLEMENTS OR FOOD SUPPLEMENTS THAT CONTAINING PROTEIN, ORES AND VITAMINS. HERBALIFE INTERNATIONAL, INC. (United States of America) App 5020-2014
BO-3 Q5 HERBALIFE24 Bolivia APPLICATION (PENDING) 32 PREPARACIONES PARA ELABORAR BEBIDAS NO ALCOHÓLICAS; BEBIDAS PARA EL ENTRENAMIENTO DEPORTIVO Y DE ATLETISMO; BEBIDAS
DEPORTIVAS QUE CONTIENEN PROTEÍNAS, MINERALES Y VITAMINAS.
Goods and Services Computerised Translation: PREPARATIONS FOR PROCESSING BEVERAGES NON-ALCOHOLIC;
BEVERAGES FOR SPORTS TRAINING AND THAN ATHLETICS; SPORTS BEVERAGES THAT CONTAINING PROTEIN, ORES AND VITAMINS HERBALIFE INTERNATIONAL, INC. (United States of America) App 5021-2014
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
BO-33 Q5 DERMAJETICS Bolivia REGISTRATION (REGISTERED) 3 PRODUCTOS PARA EL CUIDADO DE LA PIEL, LLAMADOS LIMPIADORES, HUMIDIFICADORES, MATICES, ASTRIGENTES, MASCARAS FACIALES,
LIMPIADORES FACIALES Y CORPORALES, CREMAS FACIALES, CREMAS PARA LOS OJOS, CREMAS PARA EL CUERPO, CREMAS MATIZADORAS DE CUERPO, ACEITES CORPORALES, LOCIONES
PARA EL
CUERPO, ACEITES DE BAÑO, GELS DE BAÑO, Y TODOS LOS PRODUCTOS DE ESTA CLASE.
Goods and Services Computerised Translation: SKINCARE PRODUCTS, NAMELY
WASHES, HUMIDIFIERS, TINGE, ~ASTRIGENTES~, FACIAL MASKS, FACIAL CLEANSERS AND BODY, FACIAL CREAM, EYE CREAM, BODY CREAMS, CREAMS
~MATIZADORAS~ THAN BODY, BODY
OILS, BODY LOTIONS, OILS THAN BAÑ OR, GELS THAN BAÑ OR, AND ALL PRODUCTS OF THIS CLASSES. HERBALIFE INTERNATIONAL, INC. (United States of America) App 387-1995 Reg 75339 C
BO-34 Q5 FIGURINE Bolivia REGISTRATION (REGISTERED) 32 LLAMADOS PROTEINAS, AMINO ACIDOS, VITAMINAS, MINERALES Y YERBAS PARA HACER BEBIDAS.
Goods and Services Computerised Translation: NAMELY PROTEINS, AMINO ACIDS, VITAMINS, MINERALS AND HERB FOR MAKING BEVERAGES. HERBALIFE INTERNATIONAL INC. (United States of America)
App 3199-1994 Reg 77424 C
BO-37 Q5 THERMOJETICS Bolivia REGISTRATION (REGISTERED) 32 PROTEINAS, AMINOACIDOS, VITAMINAS, MINERALES Y YERBAS PARA HACER BEBIDAS.
Goods and Services Computerised Translation: PROTEINS, AMINO ACIDS, VITAMINS, MINERALS AND HERB FOR MAKING BEVERAGES. HERBALIFE INTERNATIONAL, INC. (United States of America) App 3205-1994 Reg 64276 C
BO-38 Q5 HERBALIFE Bolivia REGISTRATION (REGISTERED) 32 PROTEINAS, AMINOACIDOS, MINERALES Y YERBAS PARA HACER BEBIDAS.
Goods and Services Computerised Translation: PROTEINS, AMINO ACIDS, MINERALS AND HERB FOR MAKING BEVERAGES. HERBALIFE INTERNATIONAL, INC. (United States of America) App 3206-1994
Reg 64275 C
BO-39 Q5 THERMOJETICS Bolivia REGISTRATION (REGISTERED) 30 TE, ESPECIAL INFUSIONES.
Goods and Services Computerised Translation:
TEA, SPECIAL INFUSIONS. HERBALIFE INTERNATIONAL,
INC. (United States of America) App 3204-1994 Reg 64278 C
BO-4 Q5 24 Bolivia APPLICATION (PENDING) 5 COMPLEMENTOS DIETÉTICOS Y NUTRITIVOS; SUPLEMENTOS
ALIMENTICIOS; SUPLEMENTOS DIETÉTICOS Y NUTRITIVOS PARA DEPORTES Y ATLETISMO; BEBIDAS ENRIQUECIDAS NUTRITIVAMENTE; SUPLEMENTOS ALIMENTICIOS CON PROTEÍNAS, MINERALES Y VITAMINAS. Goods and Services Computerised Translation: ACCESSORIES
DIETETICS AND NUTRITIVE; FOOD SUPPLEMENTS; DIETETIC SUPPLEMENTS AND NUTRITIVE FOR SPORTING AND ATHLETICS; BEVERAGES ENRICHED NUTRITIVE; FOOD SUPPLEMENTS INCLUDING PROTEINS, MINERALS AND VITAMINS HERBALIFE INTERNATIONAL, INC. (United States of
America) App 5022-2014
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
BO-40 Q5 FIGURINE Bolivia REGISTRATION (REGISTERED) 3 LLAMADOS CHAMPUES, ENJUAGUES Y ACONDICIONADORES, LIMPIADORES, HUMIDIFICADORES, VIGORIZANTES, ASTRINGENTES, CREMAS FACIALES,
CREMAS OCULARES, CREMAS CORPORALES, LOCIONES CORPORALES, CREMAS PARA AFEITARSE, ACEITS Y LOCIONES PARA BRONCEADO, POLVOS, PERFUMES, COLONIAS, AGUA DE COLONIA, ACEITES CORPORALES, JABONES, DESODORANTES, BALSAMOS PARA DESPUES DE AFEITARSE.
Goods and Services Computerised Translation: NAMELY SHAMPOOS, RINSES AND CONDITIONERS, CLEANERS, HUMIDIFIERS, FORTIFYING, ASTRINGENTS, FACIAL CREAM, CREAMS EYEPIECES, BODY SKIN
CREAMS, BODY LOTIONS, CREAMS FOR SHAVING, ~ACEITS~ AND LOTIONS FOR SUNTANNING, POWDER, PERFUMES, COLOGNES, EAU COLOGNE, BODY OILS, SOAPS, DEODORANTS, BALM FOR AFTER SHAVING. HERBALIFE INTERNATIONAL INC. (United States of America) App 3200-1994 Reg
63984 C
BO-41 Q5 THERMOJETICS Bolivia REGISTRATION (REGISTERED) 5 SUPLEMENTOS NUTRICIONALES, ALIMENTOS DIETETICOS, TODA CLASE DE VITAMINAS, MINERALES, YERBAS,
FIBRAS Y PROTEINAS, TODAS EN TABLETAS, POLVOS,EN CAPSULAS EN LIQUIDOS.
Goods and Services Computerised Translation: NUTRITIONAL SUPPLEMENTS, DIETETIC FOODS, ALL
CLASSES OF VITAMINS, MINERALS, HERB, FIBRES AND PROTEINS, ALL AT TABLETS, POWDER, AT CAPSULE, AT LIQUIDS. HERBALIFE INTERNATIONAL, INC. (United States of America) App 3202-1994 Reg 64279 C
BO-49 Q5 SCHIZANDRA PLUS Bolivia REGISTRATION (REGISTERED) 5 VITAMINAS SUSTANCIAS DE ORIGEN MINERAL, PROTEINAS, HIERBAS NUTRIENTES; LINAZA MEDICINAL Y TERAPEUTICA, ANALGESICO Y
UNGUENTOS PARA LA PIEL.
Goods and Services Computerised Translation: VITAMINS SUBSTANCES THAN MINERAL ORIGIN, PROTEINS, NUTRIENTS HERBS; MEDICINAL LINSEED AND
THERAPEUTICS, ANALGESIC. AND OINTMENTS FOR THE SKIN. HERBALIFE INTERNATIONAL, INC. (United States of America) App 824-1984 Reg 44300 C
BO-5 Q5 24 Bolivia
APPLICATION (PENDING) 32 PREPARACIONES PARA ELABORAR BEBIDAS NO ALCOHÓLICAS; BEBIDAS PARA EL ENTRENAMIENTO DEPORTIVO Y DE ATLETISMO; BEBIDAS DEPORTIVAS QUE CONTIENEN PROTEÍNAS, MINERALES Y VITAMINAS.
Goods and Services Computerised Translation: PREPARATIONS FOR PROCESSING BEVERAGES NON-ALCOHOLIC; BEVERAGES FOR SPORTS TRAINING AND THAN ATHLETICS; SPORTS BEVERAGES THAT CONTAINING
PROTEIN, ORES AND VITAMINS HERBALIFE INTERNATIONAL, INC. (United States of America) App 5024-2014
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
BO-6 Q5 24 Bolivia APPLICATION (PENDING) 29 ALIMENTOS QUE CONSISTEN EN PREPARADOS EN POLVO; ALIMENTOS QUE CONSISTEN EN PREPARADOS EN POLVO INCLUYENDO SUPLEMENTOS DIETÉTICOS
O SUPLEMENTOS NUTRITIVOS O SUPLEMENTOS ALIMENTICIOS QUE CONTIENEN PROTEÍNAS, MINERALES Y VITAMINAS. Goods and Services Computerised Translation: FOODS THAT CONSISTING OF PREPARED POWDERED; FOODS THAT CONSISTING OF PREPARED POWDERED COMPRISING
DIETETICS SUPPLEMENTS OR NUTRICIONAL SUPPLEMENTS OR FOOD SUPPLEMENTS THAT CONTAINING PROTEIN, ORES AND VITAMINS. HERBALIFE INTERNATIONAL, INC. (United States of America) App 5023-2014
BO-7 Q5 HERBALIFE SKIN Bolivia APPLICATION (PENDING) 3 PREPARACIONES PARA EL CUIDADO DE LA PIEL NO MEDICADOS, COMO SER, CREMAS FACIALES, CREMAS PARA LOS OJOS, LIMPIADORES FACIALES,
EXFOLIANTES, LIMPIADORAS, CREMAS DE LIMPIEZA, LOCIONES Y ACEITES, LOCIÓN, HIDRATANTES Y TÓNICOS PARA EL CUERPO, GELES, LAVADOS, Y MASCARILLAS PARA EL USO EN LA CARA Y EL CUERPO, CREMAS DE AFEITAR; PREPARACIONES DE PROTECCIÓN
SOLAR NO MEDICADOS.
Goods and Services Computerised Translation: SKIN CARE PREPARATIONS (NOT MEDICAL), IN THE FORM OF BEING, FACIAL CREAM, EYE
CREAM, FACIAL CLEANSERS, SCRUBS, CLEANING, POLISHING CREAMS, LOTIONS AND OILS, LOTION, MOISTURISERS AND TONICS FOR BODY, GELS, WASHING, AND MASKS FOR USE IN FACE AND BODY, SHAVING
CREAMS; PREPARATIONS OF
SUN-PROTECTION NOT MEDICAL HERBALIFE INTERNATIONAL INC. (United States of America) App 4831-2014
BO-9 Q5 RADIANT C Bolivia APPLICATION (PENDING) 3 PRODUCTOS COSMÉTICOS COMO SER CREMAS, LOCIONES, GELS, LECHES, LAVADOS, EXFOLIANTES, LIMPIADORES, E HIDRATANTES PARA EL
CUIDADO DE LA CARA Y EL CUERPO. Goods and Services Computerised Translation: PRODUCTS COSMETIC IN THE FORM OF BEING CREAMS, LOTIONS, GEL, MILKS, WASH, SCRUBS, CLEANERS, AND MOISTURIZERS FOR CARE OF FACE AND BODY. HERBALIFE INTERNATIONAL, INC.
(United States of America) App 4667-2005
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
BW-16 Q5 SHAPEWORKS Botswana APPLICATION (PENDING) 5 29 30 32 44 05 Nutritional, food and dietary supplements of all kinds and description, vitamins, minerals, vitamin supplements,
mineral supplements
29 Meals, snacks and beverages prepared from goods included in the class including but not limited to soups. Meal replacements, powdered
preparations, food beverage mixes; preparations for making beverages and shakes
30 Staple foods; teas and beverages; powdered preparations; preparations and mixes
for making beverages and foodstuffs included in the class; dietary supplements, preparations and additives, prepared foodstuffs, meals and confectionery
32
Non-alcoholic drinks, beverages, syrups and juices; fruit drinks and fruit juices; mineral and aerated waters; supplements enriched beverages; ready to drink beverages; syrups, powders and other preparations for making beverages
44 Healthcare, health therapy and hygienic services including but not limited to a weight management program; consultancy and information services in relation to all the aforegoing
HERBALIFE INTERNATIONAL OF AMERICA (United States of America) App 2004/00321
BW-17 Q5 SHAPESCAN Botswana APPLICATION (PENDING) 5 29 30 32 44 05 Nutritional, food
and dietary supplements of all kinds and description, vitamins, minerals, vitamin supplements, mineral supplements
29 Meals, snacks and beverages prepared from
goods included in the class including but not limited to soups. Meal replacements, powdered preparations, food beverage mixes; preparations for making beverages and shakes
30 Staple foods; teas and beverages; powdered preparations; preparations and mixes for making beverages and foodstuffs included in the class; dietary supplements, preparations and
additives, prepared foodstuffs, meals and confectionery
32 Non-alcoholic drinks, beverages, syrups and juices; fruit drinks and fruit juices; mineral and aerated
waters; supplements enriched beverages; ready to drink beverages; syrups, powders and other preparations for making beverages
44 Healthcare, health therapy and
hygienic services including but not limited to a weight management program; consultancy and information services in relation to all the aforegoing HERBALIFE INTERNATIONAL OF AMERICA (United States of America) App 2004/00322
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
BW-18 Q5 SHAPESCAN Botswana APPLICATION (PENDING) 9 09 Electronic apparatus of all kinds, photographic, cinematographic; telecommunications devices, apparatus, equipment,
installations, machines and instruments; devices associated with weight management programs; Body scanners and analyzers; optical, teaching apparatus and equipment; apparatus for recording, transmission or reproduction of sound or images; magnetic
data carriers; recording disc; data processing equipment; computerware (hardware and software) of all kinds and descriptions; computer hardware and software for use in weight management programs; electronic publications; electronic database of
information recorded on computer media parts, components, fittings and accessories for all of the aforegoing HERBALIFE INTERNATIONAL OF AMERICA (United States of America) App 2004/00323
BW-22 Q5 DERMAJETICS Botswana APPLICATION (PENDING) 3 03 skin care products, namely, cleansers, moisturizer, toners, astringents, facial masks, facial creams, eye creams, body
creams, body lotions, bath oils, bath gels HERBALIFE INTERNATIONAL (United States of America) App 1999/00229
BR-1 Q5 FIT CAMP Brazil APPLICATION (PENDING) 41
Serviços educacionais e de treinamento, a saber, realização de workshops e seminários na área de nutrição e atividades físicas e distribuição de materiais relacionados aos mesmos;
serviços de instrução de atividades físicas.;
Goods and Services Computerised Translation: educational services and of ~treinamento~,
the learning, arranging of workshops and seminars in area
of nutrition and ~atividades~ physical and distribution of relating materials thereto; services
instructional of
~atividades~ physical. HERBALIFE INTERNATIONAL, INC. (United States of America) App 908473460
BR-2 Q5 HERBALIFE SKIN Brazil APPLICATION (PENDING) 3 Preparações não medicinais para os cuidados da pele, a saber, cremes faciais, cremes para os olhos,
produtos de limpeza facial, produtos de esfoliação,
cremes de limpeza, loções e óleos, loção para o corpo,
hidratantes e tônicos, géis, enxaguantes e máscaras para uso no rosto e no corpo, cremes de barbear; preparações não medicinais para os cuidados com o sol.;
Goods and Services Computerised Translation: Preparations not medical for care of skin, the learning, facial cream, eye cream, products of facial cleaning, products of peeling,
cleansing creams, lotions and oils, body lotion, moisturisers and toners, gels,
~enxaguantes~ and masks for use into face and into body, shaving creams;
preparations not medical for the care with sun. HERBALIFE INTERNATIONAL, INC. (United States of America) App 908273517
BR-5 Q5 Design Only Brazil APPLICATION
(PENDING) 35 publicidade;
Goods and Services Computerised Translation:
publicity; HERBALIFE INTERNATIONAL, INC. (United States of America) App 905516583
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
HERBALIFE SKIN Canada Pending Non-medicated skin care preparations, namely facial creams, eye creams, facial cleansers, scrubs, cleansing creams, lotions and oils, body lotion,
moisturizers and toners, gels, washes, and masks for use on the face
and body, shave creams; non-medicated sun care preparations. HERBALIFE INTERNATIONAL, INC. App
1693138
HERBALIFE24
DESIGN Canada Pending Dietary and nutritional supplements
for sports and fitness, namely, meal replacement powders, meal replacement drink mixes, meal replacement shake mixes, powdered sports drink mixes, nutritional powdered drink mixes intended to help athletes train, recover and perform, powdered drink
mixes intended to provide increased energy, powdered drink mixes for hydration, powdered drink mixes intended to support muscle movement, powdered drink mixes intended to support muscle growth and repair, powdered drink mixes intended to support
blood flow, powdered drink mixes intended to support immune function, powdered drink mixes intended to combat exercise-induced inflammation, powdered drink mixes intended to bolster the production of nitric oxide, powdered drink mixes intended to
bolster red blood cell production, powdered drink mixes intended to bolster glycogen replenishment, powdered drink mixes composed largely of plant extracts and fatty acids, powdered drink mixes containing electrolyte, powdered drink mixes containing
antioxidant, powdered drink mixes containing
vitamin(s), powdered drink mixes containing mineral(s), powdered drink mixes containing protein, carbohydrate and
amino acid; preparations for making sports beverages HERBALIFE INTERNATIONAL, INC. App 1703266
TRI-SHIELD Canada REGISTRATION (REGISTERED) Dietary nutritional
supplements comprised of krill oil for non-medicinal health purposes; dietary and nutritional supplements containg fish oil; dietary and nutritional supplements comprised of krill oil for non-medicinal health purposes. HERBALIFE INTERNATIONAL, INC.
App 1282011 Reg TMA693609
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CL-1 Q5 HERBALIFE SKIN Chile APPLICATION (PENDING) 3 03 INCL. PREPARACIONES NO MEDICINALES PARA EL CUIDADO DE LA PIEL, A SABER, CREMAS FACIALES, CREMAS PARA LOS OJOS, LIMPIADORES
FACIALES, EXFOLIANTES, CREMAS DE LIMPIEZA, LOCIONES Y ACEITES, LOCIONES PARA EL CUERPO, HIDRATANTES Y TÓNICOS, GELES, ENJUAGUES Y MASCARILLAS FACIALES Y CORPORALES, CREMAS DE AFEITAR; PREPARACIONES NO MEDICINALES DE PROTECCIÓN SOLAR.
Goods and Services Computerised Translation:
03 INCL. PREPARATIONS
NON-MEDICATED FOR CARE OF THE SKIN, NAMELY, FACIAL CREAM, EYE CREAM, FACIAL CLEANSERS, SCRUBS, POLISHING CREAMS, LOTIONS AND OILS, BODY LOTION, MOISTURISERS AND TONICS, GELS, RINSE AND FACIAL MASQUES AND BODY, SHAVING CREAMS; PREPARATIONS
NON-MEDICATED THAN SUN- PROTECTION. HERBALIFE INTERNATIONAL, INC (United States of America) App 1122922
CL-2 Q5 HERBALIFE SKIN Chile APPLICATION (PENDING) 3 03
INCL. PREPARACIONES NO MEDICINALES PARA EL CUIDADO DE LA PIEL, A SABER, CREMAS FACIALES, CREMAS PARA LOS OJOS, LIMPIADORES FACIALES, EXFOLIANTES, CREMAS DE LIMPIEZA, LOCIONES Y ACEITES, LOCIONES PARA EL CUERPO, HIDRATANTES Y TÓNICOS, GELES,
ENJUAGUES Y MASCARILLAS FACIALES Y CORPORALES, CREMAS DE AFEITAR; PREPARACIONES NO MEDICINALES DE PROTECCIÓN SOLAR. NOTA: CON PROTECCIÓN
AL CONJUNTO.
Goods and Services Computerised Translation:
03 INCL. PREPARATIONS
NON-MEDICATED FOR CARE OF THE SKIN, NAMELY, FACIAL CREAM, EYE CREAM, FACIAL CLEANSERS, SCRUBS, POLISHING CREAMS, LOTIONS AND OILS, BODY LOTION, MOISTURISERS AND TONICS, GELS, RINSE AND FACIAL MASQUES AND BODY, SHAVING CREAMS; PREPARATIONS
NON-MEDICATED THAN SUN- PROTECTION. NOTES: WITH PROTECTION TO GROUP. HERBALIFE INTERNATIONAL, INC (United States of America) App 1122922
CL-23 Q5 RADIANTC Chile
REGISTRATION (REGISTERED) 3 03 PRODUCTOS PARA EL CUIDADO DE LA PIEL, PRINCIPALMENTE CREMAS FACIALES, LIMPIADORES FACIALES, LOCIONES, HUMECTANTES Y TONIFICANTES.
Goods and Services Computerised Translation:
03 SKINCARE PRODUCTS,
PRINCIPALLY CREAMS FACIAL, FACIAL CLEANSERS, LOTIONS, MOISTENING AGENTS AND TONING. HERBALIFE INTERNATIONAL, INC (United States of America) App 994573 Reg 959245
CL-26 Q5 ADEMAS Chile REGISTRATION (REGISTERED) 3 03 INCL. COLONIAS, JABONES PARA EL CUERPO, DESODORANTES PARA EL CUERPO Y BALSAMOS PARA DESPUES DE AFEITARSE.
Goods and Services Computerised Translation:
03 INCL. COLOGNES, SOAPS FOR
BODY, DEODORANT FOR BODY. AND BALM FOR AFTER SHAVING. HERBALIFE INTERNATIONAL, INC (United States of America) App 431461 Reg 599128
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CL-27 Q5 AQUAGENICS Chile REGISTRATION (REGISTERED) 11 11 INCL. UNIDADES DE PURIFICACION DE AGUA DE USO DOMESTICO, INCLUIDOS FILTROS DE AGUA Y CABEZALES ROCIADORES PORTATILES.
Goods and Services Computerised Translation:
11 INCL. UNITS OF WATER PURIFYING THAN USE DOMESTIC, INCLUDED WATER FILTERS AND DOGS SPRAYERS PORTABLE. HERBALIFE
INTERNATIONAL, INC (United States of America) App 397294 Reg 514954
CL-28 Q5 AEROGENICS Chile REGISTRATION (REGISTERED) 11 11 INCL. UNIDADES DE PURIFICACION DE
AIRE PORTATILES Y DE USO DOMESTICO.
Goods and Services Computerised Translation:
11 INCL. UNITS OF PURIFICATIONS THAN AIR PORTABLE AND THAN USE DOMESTIC. HERBALIFE INTERNATIONAL, INC (United States of America) App 397293 Reg 514946
CL-3 Q5 24 Chile APPLICATION (PENDING) 5 29 32 05 INCL. COMPLEMENTOS DIETÉTICOS Y NUTRITIVOS; SUPLEMENTOS ALIMENTICIOS; SUPLEMENTOS DIETÉTICOS Y NUTRITIVOS PARA
DEPORTES Y ATLETISMO; BEBIDAS
ENRIQUECIDAS NUTRITIVAMENTE; SUPLEMENTOS ALIMENTICIOS CON PROTEÍNAS, MINERALES Y VITAMINAS.
29 INCL. ALIMENTOS QUE CONSISTEN EN PREPARADOS EN POLVO; ALIMENTOS QUE CONSISTEN EN PREPARADOS EN POLVO INCLUYENDO SUPLEMENTOS DIETÉTICOS O SUPLEMENTOS NUTRITIVOS O
SUPLEMENTOS ALIMENTICIOS QUE CONTIENE PROTEÍNAS, MINERALES Y VITAMINAS.
32 INCL. PREPARACIONES PARA ELABORAR BEBIDAS NO ALCOHÓLICAS; BEBIDAS PARA EL
ENTRENAMIENTO DEPORTIVO Y DE ATLETISMO; BEBIDAS DEPORTIVAS QUE CONTIENEN PROTEÍNAS, MINERALES Y VITAMINAS.
Goods and Services Computerised Translation:
05 INCL. DIETARY SUPPLEMENTS. AND NUTRITIVE; FOOD SUPPLEMENTS; DIETETIC SUPPLEMENTS AND NUTRITIVE FOR SPORTING AND ATHLETICS; BEVERAGES ENRICHED NUTRITIVE; FOOD
SUPPLEMENTS INCLUDING PROTEINS, MINERALS AND VITAMINS.
29 INCL. FOODS THAT CONSISTING OF PREPARED POWDERED; FOODS THAT CONSISTING OF PREPARED POWDERED COMPRISING
DIETETICS SUPPLEMENTS OR NUTRICIONAL SUPPLEMENTS OR FOOD SUPPLEMENTS THAT CONTAIN PROTEIN, MINERALS AND VITAMINS. HERBALIFE INTERNATIONAL, INC (United States of America) App 1115187
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CL-30 Q5 DINOKIDS Chile REGISTRATION (REGISTERED) 3 03 ACONDICIONADORES. INCL. PASTA DE DIENTES; PRODUCTOS PARA EL CUIDADO DEL CUERPO, PRINCIPALMENTE, LOCIONES PARA EL CUERPO,
POLVOS PARA EL CUERPO, BURBUJAS DE BAÑO, GELS DE BAÑO, ACEITES DE BAÑO, JABONES PARA EL CUERPO, ACEITES Y LOCIONES BRONCEADORAS; PRODUCTOS PARA EL CUIDADO DEL CABELLO, PRINCIPALMENTE, CHAMPUESY.
Goods and Services Computerised Translation:
03 CONDITIONERS. INCL. PASTE THAN TOOTH; BODY
CARE, PRINCIPALLY, BODY LOTIONS, POWDER FOR BODY.-, BUBBLES THAN BAÑ OR, GELS THAN BAÑ OR, OILS THAN BAÑ OR, SOAPS FOR BODY, OILS AND TANNING LOTIONS; PRODUCTS FOR HAIR CARE, PRINCIPALLY,
~CHAMPUESY~. HERBALIFE INTERNATIONAL, INC (United States of America) App 383996 Reg 507517
CL-31 Q5 LIPO-BOND Chile REGISTRATION (REGISTERED) 5 05 INCL. SUPLEMENTOS VITAMINICOS Y MINERALES.
Goods and Services Computerised Translation:
05 INCL. SUPPLEMENTS VITAMINIZED AND MINERALS.
HERBALIFE INTERNATIONAL, INC (United States of America) App 879010 Reg 868909
CL-39 Q5 ASMERA Chile REGISTRATION (REGISTERED) 3 03 INCL. PRODUCTOS PARA LA HIGIENE
PERSONAL, PRINCIPALMENTE, POLVOS, PERFUMES, COLONIAS, AGUAS DE TOCADOR, ACEITES PARA EL CUERPO, LOCIONES PARA EL CUERPO, CREMAS PARA EL CUERPO, JABONES PARA EL CUERPO, DESODORANTES PARA EL CUERPO, Y TODOS LOS OTROS PRODUCTOS DE ESTA CLASE.
Goods and Services Computerised Translation:
03 INCL. PRODUCTS FOR HYGIENE
PERSONAL, PRINCIPALLY, POWDER, PERFUMES, COLOGNES, TOILET-WATERS, OILS FOR BODY, BODY LOTIONS, BODY CREAMS, SOAPS FOR BODY, DEODORANT FOR BODY, AND ALL OTHER GOODS IN THIS CLASS. HERBALIFE INTERNATIONAL, INC (United States of America) App 350503 Reg
519772
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CL-4 Q5 HERBALIFE24 Chile APPLICATION (PENDING) 5 29 32 05 INCL. COMPLEMENTOS DIETÉTICOS Y NUTRITIVOS; SUPLEMENTOS ALIMENTICIOS; SUPLEMENTOS DIETÉTICOS Y NUTRITIVOS
PARA DEPORTES Y ATLETISMO; BEBIDAS
ENRIQUECIDAS NUTRITIVAMENTE; SUPLEMENTOS ALIMENTICIOS CON PROTEÍNAS, MINERALES Y VITAMINAS.
29 INCL. ALIMENTOS QUE CONSISTEN EN PREPARADOS EN POLVO; ALIMENTOS QUE CONSISTEN EN PREPARADOS EN POLVO INCLUYENDO SUPLEMENTOS DIETÉTICOS O SUPLEMENTOS NUTRITIVOS O
SUPLEMENTOS ALIMENTICIOS QUE CONTIENE PROTEÍNAS, MINERALES Y VITAMINAS.
32 INCL. PREPARACIONES PARA ELABORAR BEBIDAS NO ALCOHÓLICAS; BEBIDAS PARA EL
ENTRENAMIENTO DEPORTIVO Y DE ATLETISMO; BEBIDAS DEPORTIVAS QUE CONTIENEN PROTEÍNAS, MINERALES Y VITAMINAS.
Goods and Services Computerised Translation:
05 INCL. DIETARY SUPPLEMENTS. AND NUTRITIVE; FOOD SUPPLEMENTS; DIETETIC SUPPLEMENTS AND NUTRITIVE FOR SPORTING AND ATHLETICS; BEVERAGES ENRICHED NUTRITIVE; FOOD
SUPPLEMENTS INCLUDING PROTEINS, MINERALS AND VITAMINS.
29 INCL. FOODS THAT CONSISTING OF PREPARED POWDERED; FOODS THAT CONSISTING OF PREPARED POWDERED COMPRISING
DIETETICS SUPPLEMENTS OR NUTRICIONAL SUPPLEMENTS OR FOOD SUPPLEMENTS THAT CONTAIN PROTEIN, MINERALS AND VITAMINS. HERBALIFE INTERNATIONAL, INC (United States of America) App 1115190
CL-40 Q5 VITESSENCE Chile REGISTRATION (REGISTERED) 3 03 CLASE. INCL. PRODUCTOS PARA LA HIGIENE PERSONAL, PRINCIPALMENTE, POLVOS, PERFUMES, COLONIAS, AGUAS DE TOCADOR, ACEITES PARA
EL CUERPO, LOCIONES PARA EL CUERPO, CREMAS PARA EL CUERPO, JABONES PARA EL CUERPO, DESODORANTES PARA EL CUERPO, BALSAMOS PARA DESPUES DE AFEITARSE, Y TODOS LOS OTROS PRODUCTOS DE LA.
Goods and Services Computerised Translation:
03 CLASSES. INCL. PRODUCTS FOR HYGIENE PERSONAL,
PRINCIPALLY, POWDER, PERFUMES, COLOGNES, TOILET-WATERS, OILS FOR BODY, BODY LOTIONS, BODY CREAMS, SOAPS FOR BODY, DEODORANT FOR BODY, BALM FOR AFTER SHAVING, AND ALL OTHER PRODUCTS OF. HERBALIFE INTERNATIONAL, INC (United States of America) App
350505 Reg 612391
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CL-41 Q5 NATURES MIRROR Chile REGISTRATION (REGISTERED) 3 03 INCL. TODOS LOS PRODUCTOS DE LA CLASE, PRINCIPALMENTE LIMPIADORES FACIALES, HUMECTANTES, TONIFICANTES,
ASTRINGENTES, MASCARAS FACIALES, RESTREGADORES PARA LA CARA Y EL CUERPO, CREMAS FACIALES, CREMAS PARA LOS OJOS, CREMAS PARA AFEITARSE Y BALSAMOS PARA DESPUES DE AFEITARSE. NOTA: SIN PROTECCION A LA PALABRA NATURES AISLADAMENTE CONSIDERADA.
Goods and Services Computerised Translation:
03 INCL. ALL GOODS OF CLASSES,
PRINCIPALLY FACIAL CLEANSERS, MOISTENING AGENTS, TONING, ASTRINGENTS, FACIAL MASKS, SCRUB FOR FACE AND BODY, FACIAL CREAM, EYE CREAM, CREAMS FOR SHAVING AND BALM FOR AFTER SHAVING. NOTES: WITHOUT PROTECTION TO WORD ~NATURES~ SINGLY CONSIDERED.
HERBALIFE INTERNATIONAL, INC (United States of America) App 346637 Reg 540412
CL-42 Q5 OCEAN CURRENTS Chile REGISTRATION (REGISTERED) 3 03 INCL. TODOS LOS
PRODUCTOS DE LA CLASE, PRINCIPALMENTE CREMAS PARA EL CUERPO, CREMAS PARA TONIFICAR EL CUERPO, ACEITES PARA EL CUERPO, LOCIONES PARA EL CUERPO, JABONES DE BAÑO, ACEITES PARA BAÑO, GELES PARA EL BAÑO Y LA DUCHA.
Goods and Services Computerised Translation:
03 INCL. ALL GOODS OF CLASSES, PRINCIPALLY CREAMS
FOR BODY, CREAMS FOR TONE UP BODY, OILS FOR BODY, BODY LOTIONS, SOAPS FOR BAÑ OR, OILS FOR BAÑ OR, GELS FOR BAÑ OR AND SHOWER. HERBALIFE INTERNATIONAL, INC (United States of America) App 346638 Reg 537494
CN-10 Q5 nai wo ke Original Trademark
Name: China REGISTRATION (REGISTERED) 5 Subclass
Description:
Medicines, disinfectants, herbal medicinal materials, medicinal liquor
Dietetic substances adapted for medical use, food for babies HERBALIFE INTERNATIONAL,INC. (United States of America)
HERBALIFE INTERNATIONAL,INC., kang bao lai guo ji gong si App 8981283 Reg 8981283
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CN-33 Q5 kang bao lai Original Trademark
Name: China REGISTRATION (REGISTERED) 30 Subclass
Description:
Coffee, artificial coffee and cocoa
Tea and artificial tea
Sugar
Candies and a kind of soft candy
Honey, syrups and nutritional food (not for medical purpose)
Instant food
Rice, flour (include cereals)
Noodles and products made from flour and cereals
Soybean powder, gluten for food
Tapioca and products made from tapioca Edible ices and
products made from ice Salts
Soy sauces and vinegars
Mustards, monosodium
glutamates, sauce, soybean paste and other condiments
Yeasts
Essences and
spices for foodstuffs HERBALIFE INTERNATIONAL,INC. (United States of America)
HERBALIFE INTERNATIONAL,INC., kang bao lai guo ji gong si App 5299256 Reg 5299256
CN-4 Q5 HERABLIFE kang bao lai Original Trademark
Name: China REGISTRATION
(REGISTERED) 30 Subclass Description:
Coffee, artificial coffee and cocoa
Tea
and artificial tea
Sugar
Candies and a kind of soft candy
Honey, syrups and nutritional food (not for medical purpose)
Bread and confectionery
Instant food
Rice, flour (include cereals)
Noodles and products made from flour and cereals
Swelled foods
Soybean powder, gluten for food
Tapioca and products made from tapioca Edible ices and
products made from ice Salts
Soy sauces and vinegars
Mustards, monosodium
glutamates, sauce, soybean paste and other condiments
Yeasts
Essences and
spices for foodstuffs
Other products belong to this class HERBALIFE INTERNATIONAL,INC. (United States of America)
;HERBALI
FE INTERNATIONAL,INC., kang bao lai guo ji gong si App 11922099 Reg 11922099
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CN-44 Q5 THERMO-BOND mei xian bao Original Trademark
Name: China REGISTRATION (REGISTERED) 30
Subclass Description:
Candies and a kind of soft candy
Edible ices and
products made from ice HERBALIFE INTERNATIONAL,INC. (United States of America)
HERBALIFE INTERNATIONAL,INC., kang bao lai guo ji gong si App 5299262 Reg 5299262
CN-47 Q5 ACE COMPLEX China UNPUBLISHED APPLICATION (PENDING) 5 Subclass Description:
Medicines, disinfectants, herbal medicinal materials, medicinal liquor
Dietetic substances
adapted for medical use, food for babies kang bao lai guo ji gong si HERBALIFE INTERNATIONAL,INC. (United States of America)
HERBALIFE INTERNATIONAL,INC. App
5261710
CN-5 Q5 HERABLIFE kang bao lai Original Trademark
Name: China
REGISTRATION (REGISTERED) 5 Subclass Description:
Medicines, disinfectants, herbal medicinal materials, medicinal liquor
Dietetic substances adapted for medical use, food for babies HERBALIFE INTERNATIONAL,INC. (United States of America)
HERBALIFE INTERNATIONAL,INC., kang bao lai guo ji gong si App 11922098 Reg 11922098
CN-6 Q5
kang bao lai Original Trademark
Name: China REGISTRATION (REGISTERED) 30 Subclass Description:
Instant food
Rice, flour (include cereals)
Noodles and products made from flour and cereals
Soybean powder, gluten for food
Tapioca and products made from tapioca
Edible ices and products made from ice
Mustards, monosodium glutamates, sauce, soybean paste and other condiments
Yeasts
Essences and spices for foodstuffs HERBALIFE INTERNATIONAL,INC. (United States of America)
HERBALI
FE INTERNATIONAL,INC., App 11899329 Reg 11899329
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CN-8 Q5 HERBALIFE China REGISTRATION (REGISTERED) 30
Subclass Description:
Coffee, artificial coffee and cocoa
Tea and artificial tea
Sugar
Candies and a kind of soft candy
Honey, syrups and nutritional food (not for medical purpose)
Instant food
Rice, flour (include cereals)
Noodles and products made from flour and cereals
Soybean powder, gluten for food
Tapioca and products made from tapioca Edible ices and
products made from ice Salts
Soy sauces and vinegars
Mustards, monosodium
glutamates, sauce, soybean paste and other condiments
Yeasts
Essences and
spices for foodstuffs HERBALIFE INTERNATIONAL,INC. (United States of America)
HERBALI
FE INTERNATIONAL,INC., kang bao lai guo ji gong si App 10455941 Reg 10455941
CN-9 Q5 nai wo ke
Original Trademark
Name: China REGISTRATION (REGISTERED) 30 Subclass Description:
Honey, syrups and nutritional food (not for medical purpose) HERBALIFE INTERNATIONAL,INC. (United States of America)
HERBALI
FE INTERNATIONAL,INC., kang bao lai guo ji gong si App 8981282 Reg 8981282
CO-1 Q5 HERBALIFE 24 Colombia APPLICATION (PENDING) Status According to PTO: Application
-
Published 29 29 ALIMENTOS QUE CONSISTEN EN PREPARACIONES EN POLVO; ALIMENTOS QUE CONSISTEN EN PREPARACIONES EN POLVO INCLUYENDO SUPLEMENTOS DIETETICOS Y/O SUPLEMENTOS NUTRICIONALES Y/O SUPLEMENTOS ALIMENTICIOS QUE CONTIENEN PROTEINAS MINERALES Y
VITAMINAS.
Goods and Services Computerised Translation:
29 FOODS THAT
CONSISTING OF PREPARATIONS POWDERED; FOODS THAT CONSISTING OF PREPARATIONS POWDERED COMPRISING SUPPLEMENTS DIETARY AND/OR NUTRITIONAL SUPPLEMENTS AND/OR FOOD SUPPLEMENTS THAT CONTAINING PROTEINS MINERALS AND VITAMINS. HERBALIFE INTERNATIONALINC.
(United States of America) App 14 152934
CO-18 Q5 LIFTOFF Colombia APPLICATION (PENDING) Status According to PTO: Application
- Opposition 32 32 PREPARACIONES PARA HACER BEBIDAS NO ALCOHOLICAS.
Goods and Services
Computerised Translation:
32 PREPARATIONS FOR MAKING BEVERAGES NON- ALCOHOLIC. HERBALIFE INTERNATIONAL (United States of America) App 05 125628
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CO-71 Q5 HERBALIFE Colombia APPLICATION (PENDING) Status According to PTO: Application
-
Opposition 3 03 PREPARACIONES PARA BLANQUEAR Y OTRAS SUSTANCIAS PARA LA COLADA; PREPARACIONES PARA LIMPIAR PULIR DESENGRASAR Y RASPAR; (PREPARACIONES ABRASIVAS) JABONES; PERFUMERIA ACEITES ESENCIALES COSMETICOS LOCIONES PARA EL CABELLO; DENTIFRICOS
Goods and Services Computerised Translation:
03 BLEACHING PREPARATIONS AND OTHER SUBSTANCES FOR WASHING; CLEANING PREPARATIONS, POLISHING DEGREASING AND SCRAPING;
SOAPS (ABRASIVE PREPARATIONS); PERFUMERY, ESSENTIAL OILS, COSMETICS HAIR LOTIONS, DENTIFRICES. HERBALIFE INTERNATIONAL (United States of America) App 92 225552
CO-2 Q5 HERBALIFE 24 Colombia APPLICATION (PENDING) Status According to PTO: Application
- Published 5 05 SUPLEMENTOS DIETETICOS Y NUTRICIONALES; SUPLEMENTOS ALIMENTICIOS; SUPLEMENTOS DIETETICOS Y NUTRICIONALES PARA DEPORTES
Y ATLETISMO; BEBIDAS NUTRICIONALMENTE FORTIFICADAS; SUPLEMENTOS ALIMENTICIOS QUE CONTIENEN PROTEINAS MINERALES Y VITAMINAS.
Goods and Services Computerised Translation:
05 Dietetic supplements and nutritional; FOOD
SUPPLEMENTS; DIETETIC SUPPLEMENTS AND NUTRITIONAL FOR SPORTING AND ATHLETICS; NUTRITIONALLY FORTIFIED BEVERAGES; FOOD SUPPLEMENTS THAT CONTAINING PROTEINS MINERALS AND VITAMINS. HERBALIFE INTERNATIONALINC. (United States of America) App 14 152934
CO-3 Q5 HERBALIFE 24 Colombia APPLICATION (PENDING) Status According to PTO: Application
- Published 32 32 PREPARACIONES PARA ELABORAR BEBIDAS NO ALCOHOLICAS; BEBIDAS PARA ENTRENAMIENTO DEPORTIVO Y ATLETISMO; BEBIDAS DEPORTIVAS QUE CONTIENEN PROTEINAS MINERALES Y
VITAMINAS.
Goods and Services Computerised Translation:
32 PREPARATIONS FOR
PROCESSING BEVERAGES NON-ALCOHOLIC; BEVERAGES FOR SPORTS TRAINING AND ATHLETICS; SPORTS BEVERAGES THAT CONTAINING PROTEINS MINERALS AND VITAMINS. HERBALIFE INTERNATIONALINC. (United States of America) App 14 152934
CO-38 Q5 ADEMAS Colombia REGISTRATION (REGISTERED) Status According to PTO: Application
-
Granted 3 03 COLONIAS JABONES PARA EL CUERPO DESODORANTES PARA EL CUERPO Y BALSAMOS PARA DESPUES DE LA AFEITADA.
Goods and Services Computerised Translation:
03 COLOGNES SOAPS FOR BODY DEODORANT FOR BODY AND BALM FOR AFTER OF SHAVING. HERBALIFE INTERNATIONAL INC (United States of America) App 98 64057 Reg 222228
CO-39 Q5 LONGETICS Colombia REGISTRATION (REGISTERED) Status According to PTO: Application
- Granted 5 05 SUPLEMENTOS DIETETICOS Y NUTRICIONALES.
Goods and Services Computerised
Translation:
05 Dietetic supplements and nutritional. HERBALIFE INTERNATIONAL INC (United States of America) App 98 24237 Reg 218091
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CO-4 Q5 Design Only Colombia APPLICATION (PENDING) Status According to PTO: Application
-
Opposition 5 05 SUPLEMENTOS DIETETICOS Y NUTRICIONALES; SUPLEMENTOS ALIMENTICIOS; SUPLEMENTOS DIETETICOS Y NUTRICIONALES PARA DEPORTES
Y ATLETISMO; BEBIDAS
NUTRICIONALMENTE FORTIFICADAS; SUPLEMENTOS ALIMENTICIOS QUE CONTIENEN PROTEINAS MINERALES Y VITAMINAS.
Goods and Services Computerised Translation:
05 Dietetic supplements and nutritional; FOOD SUPPLEMENTS; DIETETIC SUPPLEMENTS AND NUTRITIONAL FOR SPORTING AND ATHLETICS; NUTRITIONALLY FORTIFIED BEVERAGES; FOOD SUPPLEMENTS THAT
CONTAINING PROTEINS MINERALS AND VITAMINS. HERBALIFE INTERNATIONALINC. (United States of America) App 14 152937
CO-40 Q5 CHEW SLIM Colombia REGISTRATION
(REGISTERED) Status According to PTO: Application
- Granted 5 05 SUPLEMENTOS DIETETICOS Y NUTRICIONALES.
Goods and Services Computerised Translation:
05 Dietetic supplements and nutritional.
HERBALIFE INTERNATIONAL (United States of America) App 98 20499 Reg 236450
CO-43 Q5 THERMOJETICS Colombia REGISTRATION (REGISTERED) Status According to PTO:
Application
- Granted 3 03 PREPARACIONES PARA BLANQUEAR Y OTRAS SUSTANCIAS PARA LA COLADA; PREPARACIONES PARA LIMPIAR PULIR DESENGRASAR Y RASPAR; (PREPARACIONES
ABRASIVAS) JABONES; PERFUMERIA ACEITES ESENCIALES COSMETICOS LOCIONES PARA EL CABELLO; DENTIFRICOS Goods and Services Computerised Translation:
03 BLEACHING
PREPARATIONS AND OTHER SUBSTANCES FOR WASHING; CLEANING PREPARATIONS, POLISHING DEGREASING AND SCRAPING; SOAPS (ABRASIVE PREPARATIONS); PERFUMERY, ESSENTIAL OILS, COSMETICS HAIR LOTIONS, DENTIFRICES. HERBALIFE INTERNATIONAL INC (United States of
America) App 94 51910 Reg 173532
CO-5 Q5 Design Only Colombia APPLICATION (PENDING) Status According to PTO: Application
- Opposition 32 32 SUPLEMENTOS DIETETICOS Y NUTRICIONALES; SUPLEMENTOS ALIMENTICIOS; SUPLEMENTOS DIETETICOS Y NUTRICIONALES PARA DEPORTES
Y ATLETISMO; BEBIDAS NUTRICIONALMENTE FORTIFICADAS; SUPLEMENTOS ALIMENTICIOS QUE CONTIENEN PROTEINAS MINERALES Y VITAMINAS.
Goods and Services Computerised Translation:
32 Dietetic supplements and nutritional; FOOD
SUPPLEMENTS; DIETETIC SUPPLEMENTS AND NUTRITIONAL FOR SPORTING AND ATHLETICS; NUTRITIONALLY FORTIFIED BEVERAGES; FOOD SUPPLEMENTS THAT CONTAINING PROTEINS MINERALS AND VITAMINS. HERBALIFE INTERNATIONALINC. (United States of America) App 14 152937
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CO-51 Q5 HERBALIFE CELLULAR NUTRITION Colombia REGISTRATION (REGISTERED) Status According to PTO: Application
- Granted 32 32 TODOS LOS PRODUCTOS DE LA CLASE 32. Y ESPECIALMENTE: JUGOS DE FRUTAS Y BEBIDAS A BASE DE FRUTAS, PROTEINAS EN POLVO, AMINOACIDOS, VITAMINAS, MINERALES Y HIERBAS
PARA HACER BEBIDAS.
Goods and Services Computerised Translation:
32 ALL GOODS
OF CLASSES 32. AND ESPECIALLY: FRUIT JUICE AND BEVERAGES WITH FRUITS, PROTEIN POWDER, AMINO ACIDS, VITAMINS, ORES AND HERBS FOR MAKING BEVERAGES. HERBALIFE INTERNATIONAL INC (United States of America) App 94 17585 Reg 259191
CO-52 Q5 HERBALIFE CELLULAR NUTRITION Colombia UNPUBLISHED APPLICATION (PENDING) Status According to PTO: Application
- Filed 32 32 APARATOS E INSTRUMENTOS QUIRURGICOS MEDICOS DENTALES Y VETERINARIOS MIEMBROS OJOS Y DIENTES ARTIFICIALES; ARTICULOS ORTOPEDICOS; MATERIAL DE SUTURA.Â
Goods and Services Computerised Translation:
32 Surgical, medical, dental and
veterinary apparatus and instruments, artificial limbs, eyes and teeth; ORTHOPAEDIC ARTICLES; SUTURE MATERIALS.~Â~ HERBALIFE INTERNATIONAL INC (United States of America) App 94 17583 Reg 169265
CO-53 Q5 HERBALIFE CELLULAR NUTRITION Colombia REGISTRATION (REGISTERED) Status According to PTO: Application
- Granted 5 05 PRODUCTOS FARMACEUTICOS Y VETERINARIOS; PRODUCTOS HIGIENICOS PARA
LA MEDICINA;
SUSTANCIAS DIETETICAS PARA USO MEDICO ALIMENTOS PARA BEBES; EMPLASTOS MATERIAL PARA APOSITOS; MATERIAL PARA EMPASTAR LOS DIENTES Y PARA IMPRONTAS DENTALES; DESINFECTANTES; PRODUCTOS
PARA LA DESTRUCCION DE ANIMALES DAÑINOS; FUNGICIDAS HERBICIDAS.
Goods and Services
Computerised Translation:
05 PHARMACEUTICAL PREPARATIONS AND VETERINARY HYGIENIC PRODUCTS FOR MEDICINE, DIETETIC SUBSTANCES FOR MEDICAL USE FOOD FOR BABIES,
DRESSINGS, MATERIAL FOR DRESSINGS, TEETH FILLING MATERIAL AND FOR DENTAL IMPRESSIONS, DISINFECTANTS, PRODUCTS FOR DESTRUCTION OF SUCH ANIMALS, HARMFUL, FUNGICIDES, HERBICIDES. HERBALIFE INTERNATIONAL INC (United States of America) App 94 17430 Reg
293458
CO-6 Q5 Design Only Colombia APPLICATION (PENDING) Status According to PTO: Application
- Opposition 29 29 SUPLEMENTOS DIETETICOS Y NUTRICIONALES; SUPLEMENTOS ALIMENTICIOS; SUPLEMENTOS DIETETICOS Y NUTRICIONALES PARA DEPORTES
Y ATLETISMO; BEBIDAS NUTRICIONALMENTE FORTIFICADAS; SUPLEMENTOS ALIMENTICIOS QUE CONTIENEN PROTEINAS MINERALES Y VITAMINAS.
Goods and Services Computerised Translation:
29 Dietetic supplements and nutritional; FOOD
SUPPLEMENTS; DIETETIC SUPPLEMENTS AND NUTRITIONAL FOR SPORTING AND ATHLETICS; NUTRITIONALLY FORTIFIED BEVERAGES; FOOD SUPPLEMENTS THAT CONTAINING PROTEINS MINERALS AND VITAMINS. HERBALIFE INTERNATIONALINC. (United States of America) App 14 152937
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CO-60 Q5 THERMOJETICS Colombia REGISTRATION (REGISTERED) Status According to PTO: Application
- Granted 5 05 PRODUCTOS FARMACEUTICOS Y VETERINARIOS; PRODUCTOS HIGIENICOS PARA
LA MEDICINA; SUSTANCIAS DIETETICAS PARA USO MEDICO ALIMENTOS PARA BEBES; EMPLASTOS MATERIAL PARA APOSITOS; MATERIAL PARA EMPASTAR LOS DIENTES Y PARA IMPRONTAS DENTALES;
DESINFECTANTES; PRODUCTOS
PARA LA DESTRUCCION DE ANIMALES DAÑINOS; FUNGICIDAS HERBICIDAS.
Goods and Services Computerised Translation:
05 PHARMACEUTICAL PREPARATIONS AND VETERINARY
HYGIENIC PRODUCTS FOR MEDICINE, DIETETIC SUBSTANCES FOR MEDICAL USE FOOD FOR BABIES, DRESSINGS, MATERIAL FOR DRESSINGS, TEETH FILLING MATERIAL AND FOR DENTAL IMPRESSIONS, DISINFECTANTS, PRODUCTS FOR DESTRUCTION OF SUCH ANIMALS, HARMFUL, FUNGICIDES,
HERBICIDES. HERBALIFE INTERNATIONAL INC (United States of America) App 93 403625 Reg 175425
CO-61 Q5 THERMOJETICS Colombia REGISTRATION (REGISTERED) Status
According to PTO: Application
- Granted 3 03 PREPARACIONES PARA BLANQUEAR Y OTRAS SUSTANCIAS PARA LA COLADA; PREPARACIONES PARA LIMPIAR PULIR DESENGRASAR Y RASPAR;
(PREPARACIONES ABRASIVAS) JABONES; PERFUMERIA ACEITES ESENCIALES COSMETICOS LOCIONES PARA EL CABELLO; DENTIFRICOS Goods and Services Computerised Translation:
03
BLEACHING PREPARATIONS AND OTHER SUBSTANCES FOR WASHING; CLEANING PREPARATIONS, POLISHING DEGREASING AND SCRAPING; SOAPS (ABRASIVE PREPARATIONS); PERFUMERY, ESSENTIAL OILS, COSMETICS HAIR LOTIONS, DENTIFRICES. HERBALIFE INTERNATIONAL INC (United
States of America) App 93 403626 Reg 233366
CO-64 Q5 THERMOJETICS Colombia REGISTRATION (REGISTERED) Status According to PTO: Application
- Granted 3 03 PREPARACIONES PARA BLANQUEAR Y OTRAS SUSTANCIAS PARA LA COLADA; PREPARACIONES PARA LIMPIAR PULIR DESENGRASAR Y RASPAR; (PREPARACIONES ABRASIVAS) JABONES; PERFUMERIA
ACEITES ESENCIALES COSMETICOS LOCIONES PARA EL CABELLO; DENTIFRICOS Goods and Services Computerised Translation:
03 BLEACHING PREPARATIONS AND OTHER SUBSTANCES FOR
WASHING; CLEANING PREPARATIONS, POLISHING DEGREASING AND SCRAPING; SOAPS (ABRASIVE PREPARATIONS); PERFUMERY, ESSENTIAL OILS, COSMETICS HAIR LOTIONS, DENTIFRICES. HERBALIFE INTERNATIONAL INC (United States of America) App 93 400656 Reg 158050
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CO-69 Q5 APR Colombia REGISTRATION (REGISTERED) Status According to PTO: Application
- Granted
5 05 PRODUCTOS FARMACEUTICOS Y VETERINARIOS; PRODUCTOS HIGIENICOS PARA
LA MEDICINA; SUSTANCIAS DIETETICAS PARA USO MEDICO ALIMENTOS PARA BEBES; EMPLASTOS MATERIAL
PARA APOSITOS; MATERIAL PARA EMPASTAR LOS DIENTES Y PARA IMPRONTAS DENTALES; DESINFECTANTES; PRODUCTOS
PARA LA DESTRUCCION DE ANIMALES DAÑINOS; FUNGICIDAS
HERBICIDAS.
Goods and Services Computerised Translation:
05 PHARMACEUTICAL
PREPARATIONS AND VETERINARY HYGIENIC PRODUCTS FOR MEDICINE, DIETETIC SUBSTANCES FOR MEDICAL USE FOOD FOR BABIES, DRESSINGS, MATERIAL FOR DRESSINGS, TEETH FILLING MATERIAL AND FOR DENTAL IMPRESSIONS, DISINFECTANTS, PRODUCTS FOR DESTRUCTION OF SUCH
ANIMALS, HARMFUL, FUNGICIDES, HERBICIDES. HERBALIFE INTERNATIONAL (United States of America) App 92 225709 Reg 113499
CO-70 Q5 CELL U LOSS Colombia REGISTRATION
(REGISTERED) Status According to PTO: Application
- Granted 5 05 PRODUCTOS FARMACEUTICOS Y VETERINARIOS; PRODUCTOS HIGIENICOS PARA
LA MEDICINA; SUSTANCIAS DIETETICAS PARA USO MEDICO ALIMENTOS PARA BEBES; EMPLASTOS MATERIAL PARA APOSITOS; MATERIAL PARA EMPASTAR LOS DIENTES Y PARA IMPRONTAS DENTALES;
DESINFECTANTES; PRODUCTOS
PARA LA DESTRUCCION DE ANIMALES DAÑINOS; FUNGICIDAS HERBICIDAS.
Goods and Services Computerised Translation:
05 PHARMACEUTICAL PREPARATIONS AND VETERINARY
HYGIENIC PRODUCTS FOR MEDICINE, DIETETIC SUBSTANCES FOR MEDICAL USE FOOD FOR BABIES, DRESSINGS, MATERIAL FOR DRESSINGS, TEETH FILLING MATERIAL AND FOR DENTAL IMPRESSIONS, DISINFECTANTS, PRODUCTS FOR DESTRUCTION OF SUCH ANIMALS, HARMFUL, FUNGICIDES,
HERBICIDES. HERBALIFE INTERNATIONAL (United States of America) App 92 225707 Reg 112144
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CO-72 Q5 HERBALIFE Colombia APPLICATION (PENDING) Status According to PTO: Application
-
Opposition 5 05 PRODUCTOS FARMACEUTICOS Y VETERINARIOS; PRODUCTOS HIGIENICOS PARA
LA MEDICINA; SUSTANCIAS DIETETICAS PARA USO MEDICO ALIMENTOS PARA BEBES;
EMPLASTOS MATERIAL PARA APOSITOS; MATERIAL PARA EMPASTAR LOS DIENTES Y PARA IMPRONTAS DENTALES; DESINFECTANTES; PRODUCTOS
PARA LA DESTRUCCION DE ANIMALES
DAÑINOS; FUNGICIDAS HERBICIDAS.
Goods and Services Computerised Translation:
05 PHARMACEUTICAL PREPARATIONS AND VETERINARY HYGIENIC PRODUCTS FOR MEDICINE, DIETETIC SUBSTANCES FOR MEDICAL USE FOOD FOR BABIES, DRESSINGS, MATERIAL FOR DRESSINGS, TEETH FILLING
MATERIAL AND FOR DENTAL IMPRESSIONS, DISINFECTANTS, PRODUCTS FOR DESTRUCTION OF SUCH ANIMALS, HARMFUL, FUNGICIDES, HERBICIDES. HERBALIFE INTERNATIONAL (United States of America) App 92 225551
CO-75 Q5 HERBALIFE SKIN Colombia REGISTRATION (REGISTERED) Status According to PTO: Application
- Granted 3 03 PREPARACIONES NO MEDICINALES PARA EL CUIDADO DE LA PIEL A SABER CREMAS FACIALES CREMAS PARA LOS OJOS LIMPIADORES FACIALES EXFOLIANTES CREMAS
LOCIONES Y ACEITES LIMPIADORES LOCIONES PARA EL CUERPO CREMAS HIDRATANTES Y TONICOS GELES ENJUAGUES MASCARILLAS PARA EL ROSTRO Y EL CUERPO CREMAS PARA EL AFEITADO; PREPARACIONES NO MEDICINALES DE PROTECCION SOLAR.
Goods and Services Computerised Translation:
03 PREPARATIONS NON-MEDICATED FOR CARE OF THE
SKIN NAMELY FACE CREAM CREAMS FOR THE EYES FACIAL CLEANSERS SCRUBS CREAMS LOTIONS AND OILS WASHES LOTIONS FOR BODY CREAMS MOISTURIZERS AND TONICS GELS WASHES MASKS FOR FACE AND BODY CREAMS FOR SHAVING; PREPARATIONS NON-MEDICATED THAN SUN-PROTECTION.
HERBALIFE INTERNATIONAL INC. (United States of America) App 13 223203 Reg 487793
EM-1 Q5 LEVEL 10 Community
Trademarks APPLICATION (PENDING) Status According to OHIM: APPLICATION PUBLISHED 9 25 41(English) 09 Recordings and publications in electronic form supplied on-line from databases,
from the internet (including web-sites), from intranets or from extranets relating to health, fitness and nutrition.
25 Clothing, footwear, headgear.
41 Sporting and cultural activities; education services; producing and conducting exercise classes and programmes; exercise instruction services; arranging of competitions for
health, fitness and nutrition purposes; arranging of presentations relating to health, fitness and nutrition; coaching and mentoring relating to health, fitness and nutrition; personal training services relating to health, fitness and nutrition;
conducting seminars, classes and consultations all relating to health, nutrition and fitness. Herbalife International, Inc. (United States of America) App 13769187
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
EM-2 Q5 LEVEL 10 BODY TRANSFORMATI ON
CHALLENGE POWERED BY HERBALIFE ACTIVE Community
Trademarks APPLICATION (PENDING) Status According to OHIM: APPLICATION OPPOSED 9 41(English) 09 Recordings and publications in electronic form supplied on-line
from databases, from the internet (including web-sites), from intranets or from extranets relating to health, fitness and nutrition.
41 Sporting and cultural
activities; education services; producing and conducting exercise classes and programmes; exercise instruction services; arranging of competitions for health, fitness and nutrition purposes; arranging of presentations relating to health, fitness and
nutrition; coaching and mentoring relating to health, fitness and nutrition; personal training services relating to health, fitness and nutrition; conducting seminars, classes and consultations all relating to health, nutrition and fitness.
Herbalife International, Inc. (United States of America) App 13087771
EM-3 Q5 HERBALIFE24 Community
Trademarks REGISTRATION (REGISTERED) Status According to OHIM: CTM REGISTERED 5 29 32(English) 05 Dietary and nutritional supplements; food supplements; dietary and nutritional
supplements for sports and athletics; nutritionally fortified beverages; food supplements containing proteins, minerals and vitamins.
29 Foods consisting of
powdered preparations; foods consisting of powdered preparations including dietary supplements and/or nutritional supplements and/or food supplements containing proteins, minerals and vitamins.
32 Preparations for making non-alcoholic drinks; drinks for sports and athletics training; sports drinks containing proteins, minerals and vitamins. Herbalife International, Inc.
(United States of America) App 13085154 Reg 13085154
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
EM-4 Q5 HERBALIFE NUTRITION Community
Trademarks APPLICATION (PENDING) Status According to
OHIM: APPLICATION OPPOSED 5 29 30 32(English) 05 Dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts.
29 Foods and
snacks made from processed oils, fats, and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for
making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the
form of protein
powder optionally containing minerals, vitamins, and herbal ingredients (not for medicinal use), meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads.
30 Coffee, tea, cocoa, chocolate and beverages based on coffee, tea and cocoa, chocolate; spices; preparations made from cereals; non-alcoholic beverages and powdered or
concentrated preparations for making non-alcoholic beverages; powdered drinks and drink mixes based on the goods of Class 30 for use
in nutritional and dietary
health regimens, snacks; snack food; powder for making beverages.
32 Non-alcoholic beverages; minerals and aerated waters and other non-alcoholic drinks, syrups
and other preparations for making beverages; ready to drink beverages for use in nutritional and dietary health regimens; fruit drinks and fruit juices and other preparations for making beverages; ready-to-drink, concentrated, or powdered
non-alcoholic beverages; powdered beverage mixes; drinks for sports and athletics training; sports drinks containing proteins, minerals and vitamins. Herbalife International, Inc. (United States of America) App 13005368
CR-1 Q5 HERBALIFE SKIN Costa Rica APPLICATION (PENDING) 3 03 Preparaciones no medicadas para el cuidado de la piel, a saber, cremas faciales, cremas para los ojos, limpiadores
faciales, exfoliantes, cremas limpiadoras, lociones y aceites, crema para el cuerpo, cremas hidratantes y tónicos, geles, jabones y mascarillas para el uso en la cara y el cuerpo, cremas de afeitar; preparaciones de protección solar no
medicadas. Goods and Services Computerised Translation:
03 preparations not medical for care of the skin, namely, facial cream, eye cream, facial cleansers,
scrubs, cleansing creams, lotions and oils, body creams, moisturizing creams and tonics, gels, soaps and masks for use in face and body, shaving creams; preparations of sun-protection not medical HERBALIFE INTERNATIONAL INC. (United States of
America) App 2014-
0008009
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CR-19 Q5 SHAPEWORKS Costa Rica APPLICATION (PENDING) 32 32 Bebidas en polvo enriquecidas con proteína, vitaminas, minerales e hierbas naturales; jugos de frutas, jugos de
vegetales; mezclas en polvo para bebidas alimenticias de proteína a base de soya; bebidas alimenticias a base de soya utilizadas como un sustituto de la leche.
Goods and Services Computerised Translation:
32 Beverages powdered enriched with protein,
vitamins, minerals and herbs natural; fruit juice, juices of vegetables; blends powdered for edible beverages than protein containing than ~soya~; edible beverages containing than ~soya~ used in the form of a substitute of milk. HERBALIFE
INTERNATIONAL (United States of America) App 1999-
0227781
CR-37 Q5 HERBALIFE
Costa Rica APPLICATION (PENDING) 30 30 Tés de hierbas.
Goods and Services Computerised Translation:
30 teas than herbs. HERBALIFE INTERNATIONAL (United States of America) App 2000-2613
CR-42 Q5
Design Only Costa Rica APPLICATION (PENDING) 32 32 Bebidas no alcohólicas de frutas.
Goods and Services Computerised Translation:
32 Non-alcoholic fruit juice beverages. HERBALIFE INTERNATIONAL (United States of America) App 2000-2602
CR-45 Q5 Design Only Costa Rica APPLICATION (PENDING) 5 05 suplementos dietéticos y nutricionales, todos consistentes de vitaminas, minerales, hierbas, fibra y
proteínas, todos en presentación de tabletas, líquido, cápsulas o fórmula en polvo.
Goods and Services Computerised Translation:
05 dietetic supplements and nutritional, all consistent than vitamins, minerals, herbs, fibre and proteins, all at presentation than tablets, liquid, capping or
powder formulations. HERBALIFE INTERNATIONAL (United States of America) App 2000-
0002604
CR-46 Q5 Design Only Costa Rica APPLICATION (PENDING) 30 30 tés de hierbas.
Goods and
Services Computerised Translation:
30 teas than herbs. HERBALIFE INTERNATIONAL (United States of America) App 2000-
0002606
CR-8 Q5 RADIANT C Costa Rica APPLICATION (PENDING) 3 03 Cremas, gels, lociones,
baños, mascarillas y leches para usar en el rostro y el cuerpo.
Goods and Services Computerised Translation:
03 Cream, gel, lotions, baths, masks and milks for using into face and body. HERBALIFE INTERNATIONAL (Unknown Applicant Country) App 2009-
0004174
CR-38 Q5 THERMOJETICS Costa Rica APPLICATION (PENDING) 32 32 bebidas no
alcohólicas de frutas.
Goods and Services Computerised Translation:
32
non-alcoholic fruit juice beverages. HERBALIFE INTERNATIONAL (United States of America) App 2000-2609
CY-3 Q5 SCHIZANDRA PLUS Cyprus APPLICATION (PENDING) 5 05
Goods and Services Computerised Translation:
05 Supplements and diet.
HERBALIFE INTERNATIONAL (United States of America) App 54466
CY-4 Q5 FLORAFIBER Cyprus APPLICATION (PENDING) 5 05
Goods and Services Computerised Translation:
05 Supplements and diet. HERBALIFE INTERNATIONAL
(United States of America) App 54465
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
CY-7 Q5 DERMAJETICS Cyprus APPLICATION (PENDING) 3 03
Goods and Services Computerised
Translation:
03 Skin care products, particularly decisive, moisturizing products, toning and firming facial masks, scrubs the skin for body and face, facial
creams, creams for the eye area, body creams, toning body creams, oils body, body lotions, bath oils and gels. HERBALIFE INTERNATIONAL (United States of America) App 53934
DO-1 Q5 HERBALIFE XTRA SHAKE Dominican
Republic APPLICATION (PENDING) 32 HERBALIFE
INTERNATIONAL INC. App 14/32737
DO-2 Q5 HERBALIFE SKIN Dominican
Republic
APPLICATION (PENDING) 3 HERBALIFE INTERNATIONAL INC. App 14/26455
DO-27 Q5 HERBALIFE SPRAY ANTIBACTERIA L PARA MANOS Dominican
Republic APPLICATION (PENDING) 5 HERBALIFE INTERNATIONAL INC. App 10/3810
DO-28 Q5 HERBALIFE
FIBRA ACTIVA Dominican
Republic APPLICATION (PENDING) 5 32 HERBALIFE INTERNATIONAL INC. App 10/587
DO-3 Q5 HERBALIFE TE CONCENTRADO DE HIERBAS LIMON Dominican
Republic APPLICATION (PENDING) 30
32 HERBALIFE INTERNATIONAL App 13/17259
DO-31 Q5 HERBALIFE COMPLEJO MULTIVITAMINI COFORMULA 2 Dominican
Republic APPLICATION (PENDING) 5 HERBALIFE INTERNATIONAL INC. App 09/7125
DO-4 Q5 HERBALIFE TE
CONCENTRADO DE HIERBAS FRAMBUESA Dominican
Republic APPLICATION (PENDING) 30 32 HERBALIFE INTERNATIONAL App 13/17260
DO-5 Q5 HERBALIFE TE CONCENTRADO DE HIERBAS DURAZNO Dominican
Republic APPLICATION (PENDING)
30 32 HERBALIFE INTERNATIONAL App 13/17261
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
DO-6 Q5 HERBALIFE FORMULA 1
BATIDO NUTRICIONAL SABOR CAFE LATTE Dominican
Republic APPLICATION (PENDING) 5 32 HERBALIFE INTERNATIONAL INC. App 13/5970
DO-7 Q5 HERBALIFE
FORMULA 1
BATIDO NUTRICIONAL SABOR NARANJA- CREMA Dominican
Republic
APPLICATION (PENDING) 5 32 HERBALIFE INTERNATIONAL INC App 13/5971
DO-8 Q5 HERBALIFE FORMULA 1
BATIDO NUTRICIONAL SABOR CHOCO- MENTA Dominican
Republic APPLICATION (PENDING) 5 32 HERBALIFE
INTERNATIONAL INC. App 13/5974
DO-9 Q5 HERBALIFE FORMULA 1
BATIDO NUTRICIONAL
SABOR DULCE DE LECHE Dominican
Republic APPLICATION (PENDING) 5 32 HERBALIFE INTERNATIONAL INC. App 13/5972
EC-1 Q5 HERBALIFE SKIN Ecuador APPLICATION (PENDING) 3 03 PREPARACIONES NOMEDICADAS PARA EL CUIDADO DE LA PIEL, A SABER, CREMAS FACIALES, CREMAS PARA LOS OJOS, LIMPIADORES
FACIALES, EXFOLIANTES, CREMAS LIMPIADORAS, LOCIONES Y ACEITES, LOCIONES PARA EL CUERPO, HIDRATANTES Y TÓNICOS
(TONERS) , GELS, LAVADOS Y MASCARILLAS PARA
USO EN EL ROSTRO Y EL CUERPO, CREMAS PARA AFEITAR; PREPARACIONES NOMEDICADAS
PARA EL CUIDADO CONTRA EL SOL.
Goods and Services Computerised Translation:
03 PREPARATIONS NOTMEDICAL FOR CARE OF THE
SKIN, NAMELY, FACIAL CREAM, EYE CREAM, FACIAL CLEANSERS, SCRUBS, CLEANSING CREAMS, LOTIONS AND OILS, BODY LOTION, MOISTURISERS AND TONERS (TONER), GEL, WASHING AND MASKS FOR USE INTO FACE AND BODY, SHAVING CREAMS; PREPARATIONS NOTMEDICAL FOR
CARE AGAINST SUN HERBALIFE INTERNATIONAL INC (United States of America) App 2014019158
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
EC-14 Q5 HERBALIFE Ecuador REGISTRATION (REGISTERED) 41 Servicios para proporcionar información sobre salud human y nutrición proporcionando información sobre
la operación de pequeños negocios (todo con fines educacionales tendientes a la capacitación de terceros). Goods and Services Computerised Translation: Services for providing information onto health human
and nutrition providing information on operations of small affairs (all with purposes educational
~tendientes~ to qualification than third parties). HERBALIFE INTERNATIONAL INC (United States of America) App 190619 Reg 1670
EC-22 Q5 DINOKIDS Ecuador REGISTRATION (REGISTERED) 3 Pasta dental, cepillos de dientes; productos para el cuidado, a saber, lociones para el cuerpo, talcos para el cuerpo, jabones
para el cuerpo, baños de burbujas, geles para el baño, aceites para el baño, aceites y locionesbronceadoras, productos para el cuidado del cabello, a saber, champús y acondicionadores. Clase Internacional 3.
Goods and Services Computerised Translation: Tooth brushes, tooth paste; products for care, namely, body lotions, body talc, soaps for body, bubblebath, gels for bañ or,
oils for bañ or, oils and
~locionesbronceadoras~, products for hair care, namely, shampoos and conditioners. CLASSES WORLDWIDE. 3. HERBALIFE INTERNATIONAL
INC (United States of America) App 85991 Reg 11137
EC-26 Q5 HERBALIFE Ecuador REGISTRATION (REGISTERED) 5 Suplementos nutricionales y alimentos dietéticos
que consisten en vitaminas, minerales, hierbas, fibras y proteínas, todos en forma de tableta, polvo o líquido. Clase Internacional Nº 5.
Goods
and Services Computerised Translation: Nutritional supplements and dietetic food that consisting of vitamins, minerals, herbs, fibres and proteins, all in form of pastille, powder or liquid. Worldwide classes NO. 5. HERBALIFE INTERNATIONAL INC
(United States of America) App 41026 Reg 385
EC-27 Q5 HERBALIFE Ecuador REGISTRATION (REGISTERED) 29 Sustancias alimenticias que consiste en hierbas, minerales y
proteínas. Todas preparadas para consumo humano. Clase Internacional Nº 29. Goods and Services Computerised Translation:
Food substances that
consisting of herbs, minerals and proteins. All prepared for consumption human. Worldwide classes NO. 29. HERBALIFE INTERNATIONAL INC (United States of America) App 41024 Reg 383
EC-8 Q5 RADIANT C Ecuador APPLICATION (PENDING) 3 Cremas, geles, lociones, mascarillas, leches cosméticas, limpiadores cosméticos, y rocíos para la cara y el
cuerpo.
Goods and Services Computerised Translation: Creams, gels, lotions, masks, milks, cosmetic washes, and dews for face and body. HERBALIFE INTERNACIONAL INC
(United States of America) App 190615
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
EG-4 Q5 DERMAJETICS Egypt REGISTRATION (REGISTERED) 3 03
.
Goods and Services Computerised Translation:
03 Cosmetics skin care special detergents creams
Alkozmatik facial cosmetic lotion used in cosmetic purposes of holding for the purposes of cosmetic Handles for facial and body cleaners face creams creams appointed body creams creams for luster body oils, body lotion body lotion bath gel bath oils
shaving creams oils, suntan and lotion lotion suntan cosmetics private hair shampoos hair fluids rinse hair cosmetics Lotion Spray installed to hairstyle. HERBALIFE INTERNATIONAL INC (United States of America) App 96760
EG-9 Q5 HERBALIFE Egypt REGISTRATION (REGISTERED) 3 03
Goods and Services Computerised
Translation:
03 Shampoos hair lotion to rinse hair lotion hair skin moisturizers contained detergent category 3 face creams shaving creams, oils, suntan lotions
and suntan and all of these products are category 3 and Atqa other categories. .HERBALIFE INT. INC (United States of America) App 85830
SV-1 Q5 HERBALIFE SKIN El
Salvador APPLICATION (PENDING) 3 03 PREPARACIONES PARA EL CUIDADO DE LA PIEL NO MEDICADAS, A SABER, CREMAS FACIALES, CREMAS PARA LOS OJOS, LIMPIADORES FACIALES, EXFOLIANTES, ACEITES,
LOCIONES Y CREMAS LIMPIADORAS, CREMA PARA EL CUERPO, HIDRATANTES Y TÓNICOS, GELES, JABONES Y MASCARILLAS PARA USO EN LA CARA Y CUERPO, CREMAS DE AFEITAR; PREPARACIONES DE
PROTECCIÓN SOLAR NO MEDICADAS.
Goods and Services Computerised Translation:
03 PREPARATIONS NOT MEDICAL FOR CARE OF THE SKIN, NAMELY, FACIAL CREAM, EYE CREAM, FACIAL CLEANSERS, SCRUBS, OILS, LOTIONS AND CLEANSING CREAMS, BODY CREAMS, MOISTURISERS AND
TONICS, GELS, SOAPS AND MASKS FOR USE IN FACE AND BODY, SHAVING CREAMS; PREPARATIONS OF SUN-PROTECTION NOT MEDICAL HERBALIFE INTERNATIONAL INC. (United States of America) App 2014138315
SV-22 Q5 Design Only El Salvador APPLICATION (PENDING) 35 35 SERVICIOS DE INFORMACION SOBRE OPERAR NEGOCIOS PEQUEÑOS Y MERCADEO MULTINIVELADO.
Goods and Services Computerised Translation:
35 INFORMATION SERVICES ONTO OPERATE SMALL
BUSINESSES AND ~MERCADEO~ multi even. HERBALIFE INTERNATIONAL (United States of America) App 2006055344
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
SV-23 Q5 Design Only El Salvador APPLICATION (PENDING) 5 05 SUPLEMENTOS NUTRICIONALES Y DIETÉTICOS EN TABLETA, EN CÁPSULA O EN FORMA DE POLVO, VITAMINAS.
Goods and Services Computerised Translation:
05 Nutritional supplements. AND DIETETICS WITHIN
PASTILLE, WITHIN CAPSULE OR IN FORM FOR DUST, VITAMINS. HERBALIFE INTERNATIONAL (United States of America) App 2006055345
SV-24 Q5 Design Only El Salvador
APPLICATION (PENDING) 32 32 BEBIDAS NO ALCOHÓLICAS Y PREPARACIONES PARA HACER BEBIDAS NO ALCOHÓLICAS,
MEZCLA DE BEBIDAS PROTEÍNICAS EN POLVO.
Goods and Services Computerised Translation:
32 NON ALCOHOLIC BEVERAGES AND
PREPARATIONS FOR MAKING NON-ALCOHLIC BEVERAGES, MIXER DRINKS PROTEIN POWDERED. HERBALIFE INTERNATIONAL (United States of America) App 2006055346
SV-25 Q5 Design
Only El Salvador APPLICATION (PENDING) 30 30 TES DE HIERBAS.
Goods and Services Computerised Translation:
30: Teas than herbs HERBALIFE INTERNATIONAL (United States of America) App 2006055347
SV-26 Q5
Design Only El Salvador APPLICATION (PENDING) 32 32 BEBIDAS NO ALCOHOLICAS Y PREPARACIONES PARA HACER BEBIDAS NO ALCOHOLICAS,
MEZCLA DE BEBIDAS PROTEINICAS EN
POLVO.
Goods and Services Computerised Translation:
32 NON ALCOHOLIC
BEVERAGES AND PREPARATIONS FOR MAKING NON-ALCOHLIC BEVERAGES, MIXER DRINKS PROTEIN POWDERED. HERBALIFE INTERNATIONAL (United States of America) App 2006055348
SV-27 Q5 Design Only El Salvador APPLICATION (PENDING) 30 30 TES DE HIERBAS.
Goods and Services Computerised Translation:
30: Teas than herbs HERBALIFE
INTERNATIONAL (United States of America) App 2006055349
SV-28 Q5 Design Only El Salvador APPLICATION (PENDING) 5 05 SUPLEMENTOS NUTRICIONALES Y DIETETICOS EN
TABLETA, EN CAPSULA, O EN FORMA DE POLVO, VITAMINAS.
Goods and Services Computerised Translation:
05 Nutritional supplements. AND DIETETICS WITHIN PASTILLE, WITHIN CAPSULE OR IN FORM FOR DUST, VITAMINS. HERBALIFE INTERNATIONAL (United States of America) App 2006055350
SV-29 Q5 Design Only El Salvador APPLICATION (PENDING) 3 03 CREMAS, LOCIONES, LECHES, MASCARAS Y GEL PARA LA CARAY EL CUERPO; SPRAYS PARA EL CABELLO, SHAMPOO,
ACONDICIONADOR, PRODUCTOS PARA ESTILIZAR EL CABELLO. Goods and Services Computerised Translation:
03 Cream, LOTIONS, MILKS, MASCARA. AND GEL FOR TORTOISESHELL
BODY; SPRAYS FOR THE HAIR, SHAMPOO, CONDITIONER, PRODUCTS FOR STYLIZE THE HAIR. HERBALIFE INTERNATIONAL (United States of America) App 2006055351
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
SV-3 Q5 SOFT GREEN El Salvador APPLICATION (PENDING) 3 03 JABONES, LOCIONES PARA EL CUERPO Y LA CARA, LOS GELS PARA EL CUERPO Y LA CARA, OLEOS PARA EL BAÑO Y LA DUCHA.
DESODORANTES, GELS ANTISÉPTICO.
Goods and Services Computerised Translation:
03 SOAPS, BODY LOTIONS AND FACE, GELS FOR BODY AND FACE, OILS FOR BATHING AND SHOWER. DEODORANTS, GEL ANTISEPTIC. HERBALIFE INTERNATIONAL (United States of America) App 2009092993
SV-30 Q5 Design Only El Salvador APPLICATION (PENDING) 25 25 PLAYERAS, GORRAS, TÚNICAS DE CICLISMO, CAMISA DE GOLF.
Goods and Services Computerised Translation:
25 BEACH, CAPS, TUNICS THAN CYCLING, GOLF SHIRTS.
HERBALIFE INTERNATIONAL (United States of America) App 2006055352
SV-32 Q5 Design Only El Salvador APPLICATION (PENDING) 20 20 CONTENEDORES PLASTICOS PARA
TABLETAS, POLVOS Y CAPSULAS, CONTENEDORES PLASTICOS EN LAS QUE SE PUEDEN MEZCLAR BEBIDAS.
Goods and Services Computerised Translation:
20 PLASTIC CONTAINERS FOR TABLETS, POWDERS AND CAPSULES, PLASTIC CONTAINERS IN THE THAT MAY MIXING BEVERAGES. HERBALIFE INTERNATIONAL (United States of America) App 2006055354
SV-33 Q5 Design Only El Salvador APPLICATION (PENDING) 28 28 OSOS DE JUGUETE RELLENOS.
Goods and Services Computerised Translation:
28 TOY BEARS FILLINGS. HERBALIFE INTERNATIONAL
(United States of America) App 2006055355
SV-35 Q5 Design Only El Salvador APPLICATION (PENDING) 44 44 SERVICIOS INFORMATIVOS SOBRE LA NUTRICIÓN HUMANA Y
DIRECCION DE PESO. Goods and Services Computerised Translation:
44 SERVICES INFORMATIONAL ON NUTRITION HUMAN AND MANAGEMENT OF WEIGHT. HERBALIFE INTERNATIONAL
(United States of America) App 2006055358
SV-36 Q5 Design Only El Salvador APPLICATION (PENDING) 38 38 SERVICIOS DE PAGINAS WEB DE INTERNET PARA USO DEL
CONSUMIDOR.
Goods and Services Computerised Translation:
38 SERVICES FOR WEB
PAGES THAN INTERNET FOR USE OF CUSTOMER. HERBALIFE INTERNATIONAL (United States of America) App 2006055359
SV-39 Q5 SKIN ACTIVATOR El Salvador APPLICATION
(PENDING) 3 03 CREMAS, LOCIONES, LECHES, MASCARAS Y GELS PARA LA CARA Y EL CUERPO.
Goods and Services Computerised Translation:
03 Cream, LOTIONS, MILKS, MASCARA. AND GELS FOR FACE AND BODY. HERBALIFE INTERNATIONAL (United States of America) App 2006055362
SV-4 Q5 Design Only El Salvador APPLICATION (PENDING) 29 29 BOCADILLOS INCLUYENDO BARRAS DE ALIMENTO, PRODUCTOS DE SOYA TOSTADA, BOTANAS MIXTAS, SOPAS EN POLVO.
Goods and Services Computerised Translation:
29 SANDWICHES COMPRISING BARS THAN FOODSTUFF,
PRODUCTS OF ~SOYA~ ROASTED, BOTANAS MIXED, SOUP POWDERS. HERBALIFE INTERNATIONAL (United States of America) App 2006056637
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
SV-5 Q5 Design Only El Salvador APPLICATION (PENDING) 29 29 BOCADILLOS INCLUYENDO BARRAS DE ALIMENTO, PRODUCTOS DE SOYA TOSTADA, COMBINACIONES DE FRUTAS SECAS Y/O NUECES
PREPARADAS, SOPAS EN POLVO.
Goods and Services Computerised Translation:
29
SANDWICHES COMPRISING BARS THAN FOODSTUFF, PRODUCTS OF ~SOYA~ ROASTED, COMBINATIONS THAN FRUITS DRY AND/OR PREPARED NUTS, SOUP POWDERS. HERBALIFE INTERNATIONAL (United States of America) App 2006056638
SV-52 Q5 Design Only El Salvador APPLICATION (PENDING) 44 44 SERVICIOS INFORMATIVOS SOBRE LA NUTRICION HUMANA Y DIRECCION DE PESO. Goods and Services Computerised Translation:
44 SERVICES INFORMATIONAL ON NUTRITION HUMAN AND MANAGEMENT OF WEIGHT. HERBALIFE INTERNATIONAL (United States of America) App 2006055376
SV-53 Q5 Design Only El Salvador APPLICATION (PENDING) 35 35 SERVICIOS DE INFORMACIÓN SOBRE OPERAR NEGOCIOS PEQUEÑOS Y MERCADEO MULTI- NIVELADO.
Goods and Services Computerised Translation:
35 INFORMATION SERVICES ONTO OPERATE SMALL
BUSINESSES AND ~MERCADEO~ multi even. HERBALIFE INTERNACIONAL
(United States of America) App 2006055357
SV-55 Q5 DERMAJETICS El Salvador APPLICATION (PENDING) 3 HERBALIFE INTERNATIONAL (United States of America) App 1999005064
SV-57 Q5 PROLESSA El Salvador APPLICATION (PENDING) 5 05 SUPLEMENTOS ALIMENTICIOS EN FORMA DE POLVO COMPUESTOS PRINCIPALMENTE DE ACIDOS GRASOS Y ACEITES, NINGUNO DE LOS CUALES SE
RELACIONAN CON LOS HUESOS, O ENFERMEDADES O TRASTORNOS OSEOS, LA PREVENCION Y TRATAMIENTO DE ENFERMEDADES O TRASTORNOS OSEOS, O CONDICIONES/ENFERMEDADES RELACIONADAS. Goods and Services Computerised Translation:
05 FOOD SUPPLEMENTS IN FORM FOR DUST COMPRISING MAINLY THAN ACIDS FATTY AND OILS, NONE OF WHICH RELATED WITH BONES, OR DISEASES OR DISORDERS BONY, PREVENTION
AND TREATMENT OF CONDITIONS OR DISORDERS BONY, OR CONDITIONS/CONDITIONS RELATING HERBALIFE INTERNATIONAL INC. (United States of America) App 2013125563
FR-4 Q5 DERMAJETICS France REGISTRATION (REGISTERED) 3 Produits pour les soins de la peau à savoir: démaquillants, produits hydratants, tonifiants, astringents,
masques pour le visage, crèmes pour le visage, crèmes pour les yeux, crèmes pour le corps, lotions pour le corps, huiles et gels de bain .
Goods and Services Computerised Translation: Skin care products: make up removers, products hydrating, invigorating, astringent, face masks, creams for face, eye
creams, body creams, lotions for body, oils and bath gels. SOCIETE HERBALIFE INTERNATIONAL, INC. Société organisée sous les lois de lEtat du Nevada, Etats-Unis dAmérique (United States of America) App 94
533685 Reg 94 533685
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
FR-7 Q5 THERMOJETICS France REGISTRATION (REGISTERED) 5 Produits diététiques représentant des compléments de nutrition, à savoir des herbes ou
extraits dherbes sous forme de tablettes ou sous forme de liquide.
Goods and Services Computerised Translation: Dietetic products representing complements
nutrition, namely herbs or extracts of herbs in form of tablets or liquid form HERBALIFE INTERNATIONAL, INC., société organisée selon les lois du Nevada, Etats- Unis (United States of America) App 92 426107 Reg 92 426107
GR-10 Q5 PINSTRIPE Greece APPLICATION (PENDING) 3 03
Goods and Services
Computerised Translation:
03 Personal hygiene products and namely
~, body
lotion, body soap,
~ and after-shave lotions, toilette water. HERBALIFE (United
States of America) App 130285
GR-11 Q5 ZILLION Greece APPLICATION (PENDING) 3
03
Goods and Services Computerised Translation:
03 Personal hygiene products
and namely
~ perfumery, soap for sensitive, regions, body oils, body lotion, body creams,
~ and body deodorants, toilet water. HERBALIFE (United
States of America) App 130288
GR-12 Q5 IMPROV Greece APPLICATION (PENDING) 3 03 HERBALIFE (United
States of
America) App 130289
GR-13 Q5 SEAWARD Greece APPLICATION (PENDING) 3 HERBALIFE (United
States of America) App 130286
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
GR-16 Q5 THERMOJETICS Greece APPLICATION (PENDING) 30 32 Goods and Services Computerised Translation: Coffee, tea, cocoa, sugar, , tapioca, sago (flour starch), coffee substitutes,
flour and preparations made from cereals, Bread, biscuits (biscuits), confectionery, pastes, ices, honey, treacle, pastry, flour for dough, salt, mustard, pepper, vinegar, sauces, seasonings.
ice.Beer, mineral waters and gaseous, other beverages syrups and other preparations for the production of beverages and in particular, beverages for non-medicated use by vitamins
metals and herbs. HERBALIFE INTERNATIONAL INC. (United States of America) App 119170
GR-18 Q5 THERMOJETICS Greece APPLICATION (PENDING) 3 5 Goods and Services
Computerised Translation: cosmetics and face creams and body. Dietary supplements, that consist of by herbs, all in moist form or tablets. HERBALIFE INTERNATIONAL INC. (United States of America) App 116488
GR-2 Q5 VITESSENCE Greece APPLICATION (PENDING) 3 HERBALIFE INTERNATIONAL (United States of America) App 135840
GR-20 Q5 THERMOJETICS Greece APPLICATION (PENDING) 3 5 Goods and Services Computerised Translation: cosmetics and face creams and body. Dietary supplements, that consist of by
herbs, all in moist form or tablets. HERBALIFE INTERNATIONAL INC. (United States of America) App 116486
GR-4 Q5 AROMAVIE Greece APPLICATION (PENDING) 3 4 Goods and
Services Computerised Translation: Care preparations and body care, especially body oil, oils for massage, bath oils and body soap. candles. HERBALIFE INTERNATIONAL (United States of America) App 131284
Page49
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
GR-6 Q5 NATURE S MIRROR Greece APPLICATION (PENDING) 3 03
Goods and Services Computerised
Translation:
03 Leather care products, especially products scrubbing, moisturising and toning. cosmetic astringents. face masks, face creams and cosmetic creams
eyes. HERBALIFE INTERNATIONAL (United States of America) App 130697
GR-7 Q5 OCEAN CURRENTS Greece APPLICATION (PENDING) 3 Goods and Services Computerised
Translation:
03 Skin care products, especially body creams, body oils, body lotion, body soaps, body deodorants, bath oils, jelly for the bath shower. HERBALIFE
INTERNATIONAL (United States of America) App 130696
GR-8 Q5 LUSCIOUS Greece APPLICATION (PENDING) 3 03 151 HERBALIFE INTERNATIONAL (United States of America) App
130290
GR-9 Q5 ASMERA Greece APPLICATION (PENDING) 3 03
Goods and Services
Computerised Translation:
03 Personal hygiene products and
body, perfumery,
soap for
body oils, body lotion, body creams, body soap and body deodorants,
HERBALIFE (United
States of America) App 130287
GT-5 Q5 HERBALIFE Guatemala APPLICATION (PENDING) 30 30 UTILIZAR LA MARCA EN CUALQUIER COLOR, TAMAÑOS, TIPOS, ESTILOS Y FORMAS DE LETRAS, PUDIENDO SER REPROUCIDO POR
CUALQUIER MEDIO QUE SE ESTIME CONVENEINTE E IR IMPRESO, GRAVADO, LITOGRAFIADO, ADHERIDO, ESTAMPADO, FOTOGRAFIADO POR CUALQUIER MEDIO CONOCIDO O POR CONOCERSE, ASI COMO EN PUBLICIDAD. PREPARACIONES PARA ELABORAR TES; TES DE HIERBAS.
Goods and Services Computerised Translation:
30 USE TRADEMARK IN ANY COLOR, SIZES, TYPES,
STYLI AND FORMS OF LETTERING, BEING ABLE TO BEING ~REPROUCIDO~ BY ANY MEANS THAT ESTIMATE ~CONVENEINTE~ AND FORMAL SUITS, TAX, LITHOGRAPHED, STUCK, STAMPING, PHOTOGRAPH BY ANY MEANS DISTINGUISHED OR BY ~CONOCERSE~, THIS WAY IN THE FORM OF AT
ADVERTISEMENT. PREPARATIONS FOR PROCESSING TEAS; TEAS THAN HERBS. HERBALIFE INTERNATIONAL INC (Unknown Applicant Country) App 201101141
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
GT-1 Q5 HERBALIFE SKIN Guatemala APPLICATION (PENDING) 3 03 UTILIZAR LA MARCA EN CUALQUIER COLOR Y/O COMBINACIÓN DE COLORES, TAMAÑOS, TIPOS, ESTILOS Y FORMAS DE
LETRAS PUDIENDO SER REPRODUCIDO POR CUALQUIER MEDIO QUE SE ESTIME CONVENIENTE E IR IMPRESO, GRAVADO, LITOGRAFIADO, ADHERIDO, ESTAMPADO, FOTOGRAFIADO POR CUALQUIER MEDIO CONOCIDO O POR CONOCERSE, ASÍ COMO EN PUBLICIDAD. PREPARACIONES NO
MEDICINALES PARA EL CUIDADO DE LA PIEL, A SABER, CREMAS FACIALES, CREMAS PARA OJOS, LIMPIADORES FACIALES, EXFOLIANTES, CREMAS LIMPIADORAS, LOCIONES Y ACEITES, CREMAS O LOCIONES
PARA EL CUERPO, CREMAS HIDRATANTES Y TÓNICOS, GELES, PRODUCTO.
Goods and Services
Computerised Translation:
03 USE TRADEMARK IN ANY COLOUR AND/OR COMBINATION OF COLOURS, SIZES, TYPES, STYLI AND FORMS OF LETTERING BEING ABLE TO BEING REPRODUCED
BY ANY MEANS THAT ESTIMATE CONVENIENT AND SUIT PRINTED, TAX, LITHOGRAPHED, STUCK, STAMPING, PHOTOGRAPH BY ANY MEANS DISTINGUISHED OR BY ~CONOCERSE~, AS AT ADVERTISEMENT. NON- MEDICATED PREPARATIONS FOR THE CARE OF THE SKIN, NAMELY, FACIAL CREAM,
CREAM FOR EYES, FACIAL CLEANSERS, SCRUBS, CLEANSING CREAMS, LOTIONS AND OILS, CREAMS OR BODY LOTION, MOISTURIZING CREAMS AND TONICS, GELS, PRODUCT HERBALIFE INTERNATIONAL INC (United States of America) App 201408313
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
GT-17 Q5 Design Only Guatemala REGISTRATION (REGISTERED) 44 44 RESERVA DE UTILIZAR LA MARCA EN LOS COLORES, TAMAÑOS, TIPOS, ESTILOS Y FORMAS DE LETRAS, QUE CONSTAN EN LA
REPRODUCCION GRAFICA, PUDIENDO SER REPRODUCIDO POR CUALQUIER MEDIO QUE SE ESTIME CONVENIENTE E IR IMPRESO, GRAVADO, LITOGRAFIADO, ADHERIDO, ESTAMPADO, FOTOGRAFIADO POR CUALQUIER MEDIO CONOCIDO O POR CONOCERSE, EN LOS SERVICIOS QUE AMPARA, ASI COMO
EN PROPAGNADA. SERVICIOS EN SUMINISTRO DE INFORMACION SOBRE SALUD HUMANA Y NUTRICION PROPORCIONANDO INFORMACION SOBRE FORMACION Y OPERACION DE UN PEQUEÑO NEGOCIO.
Goods and Services Computerised Translation:
44 RESERVATION OF USE TRADEMARK IN PAINT, SIZES,
TYPES, STYLI AND FORMS OF LETTERING, THAT CONSTANT IN GRAPHIC REPRODUCTIONS, BEING ABLE TO BEING REPRODUCED BY ANY MEANS THAT ESTIMATE CONVENIENT AND FORMAL SUITS, TAX, LITHOGRAPHED, STUCK, STAMPING, PHOTOGRAPH BY ANY MEANS DISTINGUISHED OR BY
~CONOCERSE~, IN SERVICES THAT SUPPORTING, THIS WAY IN THE FORM OF AT ~PROPAGNADA~. SERVICES AT SUPPLYING OF INFORMATION ONTO HUMAN HEALTH AND NUTRITION PROVIDING INFORMATION ONTO FORMATION AND OPERATIONS OF A ~PEQUEÑ~ OR BUSINESS. HERBALIFE
INTERNATIONAL INC (Unknown Applicant Country) App 200708950 Reg 168959
GT-2 Q5 HERBALIFE Guatemala APPLICATION (PENDING) 5 05 UTILIZAR LA MARCA EN CUALQUIER COLOR
Y/O COMBINACIÓN DE COLORES, TAMAÑOS, TIPOS, ESTILOS Y FORMAS DE LETRAS PUDIENDO SER REPRODUCIDO POR CUALQUIER MEDIO QUE SE ESTIME CONVENIENTE E IR IMPRESO, GRAVADO, LITOGRAFIADO, ADHERIDO, ESTAMPADO, FOTOGRAFIADO POR C. SUPLEMENTOS
NUTRICIONALES Y DIETÉTICOS, TODOS CONSISTENTES EN VITAMINAS, MINERALES, HIERBAS FIBRA Y PROTEÍNAS TODOS EN TABLETAS, LÍQUIDOS, CAPSULAS Y POLVOS. Goods and Services Computerised Translation:
05 USE TRADEMARK IN ANY COLOUR AND/OR COMBINATION OF COLOURS, SIZES, TYPES, STYLI AND FORMS OF LETTERING BEING ABLE TO BEING REPRODUCED BY ANY MEANS THAT ESTIMATE CONVENIENT AND
SUIT PRINTED, TAX, LITHOGRAPHED, STUCK, STAMPING, PHOTOGRAPH BY C. NUTRITIONAL SUPPLEMENTS AND DIETETICS, ALL CONSISTING OF VITAMINS, MINERALS, HERBS FIBRE AND ALL PROTEIN WITHIN TABLETS, LIQUIDS, CAPSULE. AND POWDERS. HERBALIFE INTERNATIONAL INC
(United States of America) App 201405645
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
GT-25 Q5 HERBALIFE Guatemala APPLICATION (PENDING) 5 05 LA SOLICITANTE SE RESERVA EL USO EXCLUSIVO DE LA MARCA PARA IDENTIFICAR LOS PRODUCTOS QUE COMERCIALIZA, ASI COMO UTILIZAR EN
LOS ENVOLTORIOS, CAJAS, ENVASES, RECIPIENTES, Y ETIQUETAS QUE LOS CONTIENEN E IDENTIFICAN. UTILIZARLA EN SU PROPAGANDA ESCRITA, RADIAL O TELEVISADA DE LA FORMA QUE MAS LE CONVENGA. SUPLEMENTOS NUTRICIONALES Y DE DIETA, TODOS CONSISTENTES EN
VITAMINAS, MINERALES, HIERBAS, FIBRAS Y PROTEINAS, TODOS EN TABLETA, LIQUIDOS, CAPSULA Y EN POLVO.
Goods and Services Computerised Translation:
05 APPLICANT BOOKING USE EXCLUSIVE OF TRADEMARK FOR IDENTIFY PRODUCTS THAT MARKETING, THIS WAY IN THE FORM OF USE IN PARCELS, BOXES, PACKINGS, CONTAINERS, AND TAGS THAT CONTAINING
AND IDENTIFY.
~UTILIZARLA~ AT ITS ADVERTISEMENT WRITTEN, RADIAL OR TELEVISION OF FORM THAT MORE SUIT. NUTRITIONAL SUPPLEMENTS AND THAN DIET, ALL CONSISTING OF
VITAMINS, MINERALS, HERBS, FIBRES AND PROTEINS, ALL AT PASTILLE, FLUIDS, CAPSULES AND POWDERED. HERBALIFE INTERNATIONAL INC (Unknown Applicant Country) App 200103533
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
GT-26 Q5 HERBALIFE Guatemala APPLICATION (PENDING) 3 03 LA SOLICITANTE SE RESERVA EL USO EXCLUSIVO DE LA MARCA PARA IDENTIFICAR LOS PRODUCTOS QUE COMERCIALIZA, ASI COMO UTILIZAR EN
LOS ENVOLTORIOS, CAJAS, ENVASES, RECIPIENTES, Y ETIQUETAS QUE LOS CONTIENEN E IDENTIFICAN. UTILIZARLA EN SU PROPAGANDA ESCRITA, RADIAL O TELEVISADA DE LA FORMA QUE MAS LE CONVENGA. PRODUCTOS PARA EL CUIDADO DE LA PIEL, LIMPIADORES, HUMECTANTES,
TONIFICADORES, MASCARAS FACIALES, ESPONJAS PARA LA CARA
Y CUERPO, CREMAS FACIALES, CREMA PARA LOS OJOS, CREMA PARA EL CUERPO, TONIFICADORES PARA EL CUERPO, ACEITES
PARA EL CUERPO, LOCION PARA EL CUERPO, ACEITES PARA EL BAÑO, Y GELATINAS DE BAÑO, Y GELATINAS DE BAÑO Y ACONDICIONADORES PARA EL CABELLO. Goods and Services Computerised Translation:
03 APPLICANT BOOKING USE EXCLUSIVE OF TRADEMARK FOR IDENTIFY PRODUCTS THAT MARKETING, THIS WAY IN THE FORM OF USE IN PARCELS, BOXES, PACKINGS, CONTAINERS, AND TAGS THAT CONTAINING
AND IDENTIFY.
~UTILIZARLA~ AT ITS ADVERTISEMENT WRITTEN, RADIAL OR TELEVISION OF FORM THAT MORE SUIT. SKINCARE PRODUCTS, CLEANERS, MOISTENING AGENTS, TONERS,
FACIAL MASKS, SPONGES FOR FACE AND BODY, FACIAL CREAM, EYE CREAM, BODY CREAMS, BODY TONERS, OILS FOR BODY, BODY LOTIONS, OILS FOR BAÑ OR, AND JELLIES THAN BAÑ OR, AND JELLIES THAN BAÑ OR AND CONDITIONERS FOR THE HAIR. HERBALIFE
INTERNATIONAL INC (Unknown Applicant Country) App 200103532
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
GT-3 Q5 HERBALIFE Guatemala APPLICATION (PENDING) 3 03 UTILIZAR LA MARCA EN CUALQUIER COLOR Y/O COMBINACIÓN DE COLORES, TAMAÑOS, TIPOS, ESTILOS Y FORMAS DE LETRAS
PUDIENDO SER REPRODUCIDO POR CUALQUIER MEDIO QUE SE ESTIME CONVENIENTE E IR IMPRESO, GRAVADO, LITOGRAFIADO, ADHERIDO, ESTAMPADO, FOTOGRAFIADO POR C. PRODUCTOS PARA EL CUIDADO DE LA PIEL, LIMPIADORES, CREMAS HIDRATANTES, TÓNICOS, MASCARILLAS,
ESPONJAS FACIALES Y CORPORALES, CREMAS PARA LA CARA, CREMAS PARA LOS OJOS, CREMAS CORPORALES, TONIFICADORES CORPORALES, ACEITES CORPORALES, LOCIONES
CORPORALES,
ACEITES Y GELES PARA EL BAÑO Y GELATINAS Y ACONDICIONADORES PARA EL CABELLO.
Goods and Services Computerised Translation:
03 USE TRADEMARK IN ANY COLOUR AND/OR COMBINATION OF COLOURS, SIZES, TYPES, STYLI AND FORMS OF LETTERING BEING ABLE TO BEING REPRODUCED BY ANY MEANS THAT ESTIMATE CONVENIENT AND
SUIT PRINTED, TAX, LITHOGRAPHED, STUCK, STAMPING, PHOTOGRAPH BY C. SKIN CARE, CLEANERS, MOISTURIZING CREAMS, TONICS, MASKS, FACIAL SPONGES AND BODY, CREAM FOR FACE, EYE CREAM, BODY CREAMS, BODY TONERS, BODY OILS, BODY LOTIONS, OILS AND GELS FOR
BAÑ
OR AND JELLIES AND CONDITIONERS FOR THE HAIR. HERBALIFE INTERNATIONAL INC (United States of America) App 201405646
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
GT-6 Q5 KINDERMINS Guatemala APPLICATION (PENDING) 5 05 UTILIZAR LA MARCA EN CUALQUIER COLOR O COBMIANCION DE COLROES EN CUALQUIER TAMAÑO, TIPOS, ESTILOS Y FORMAS DE LETRAS,
PUDIENDO SER REPRODUCIDO POR CUALQUIER MEDIO QUE SE ESTIME CONVENIENTE E IR IMPRESO, GRAVADO, LITOGRAFIADO, ADHERIDO, ESTAMPADO, FOTOGRAFIADO POR CUALQUIER MEDIO CONOCIDO O POR CONOCERSE, ASI COMO EN PUBLICIDAD. SUPLEMENTOS ALIMENTICIOS PARA
NIÑOS, CONSISTENTES PRINCIPALES EN VITAMINAS Y MINERALES.
Goods and Services Computerised Translation:
05 USE TRADEMARK IN ANY COLOR OR
~COBMIANCION~ THAN ~COLROES~ IN ANY
~TAMAÑ~ OR, TYPES, STYLI AND FORMS OF LETTERING, BEING ABLE TO BEING REPRODUCED BY ANY MEANS THAT ESTIMATE CONVENIENT AND FORMAL SUITS, TAX, LITHOGRAPHED, STUCK, STAMPING,
PHOTOGRAPH BY ANY MEANS DISTINGUISHED OR BY ~CONOCERSE~, THIS WAY IN THE FORM OF AT ADVERTISEMENT. FOOD SUPPLEMENTS FOR CHILDREN, PRINCIPAL CONSISTENT AT VITAMINS AND MINERALS. HERBALIFE INTERNATIONAL INC (Unknown Applicant Country) App 201101173
GT-7 Q5 SOFT GREEN Guatemala REGISTRATION (REGISTERED) 3 03 RESERVA DE UTILIZAR LA MARCA EN CUALQUIER COLOR, TAMAÑOS TIPOS ESTILOS Y FORMAS DE LETRAS,
PUDIENDO SER REPRODUCIDO POR CUALQUIER MEDIO QUE SE ESTIME CONVENIENTE E IR IMPRESO, GRAVADO, LITOGRAFIADO, ADHERIDO, ESTAMPADO, FOTOGRAFIADO POR CUALQUIER MEDIO CONOCIDO O POR CONOCERSE, EN LOS PRODUCTOS QUE AMPARA, PROTEGE Y DISTINGUE, ASI COMO EN
PROPAGANDA. JABONES, LOCIONES PARA EL CUERPO Y LA CARA, GELES PARA EL CUERPO Y LA CARA, ACEITES DE BAÑO Y DUCHA, DESODORANTES, GELES ANTISEPTICOS.
Goods and
Services Computerised Translation:
03 RESERVATION OF USE TRADEMARK IN ANY COLOR, SIZES TYPES STYLI AND FORMS OF LETTERING, BEING ABLE TO BEING REPRODUCED BY ANY
MEANS THAT ESTIMATE CONVENIENT AND FORMAL SUITS, TAX, LITHOGRAPHED, STUCK, STAMPING, PHOTOGRAPH BY ANY MEANS DISTINGUISHED OR BY ~CONOCERSE~, IN PRODUCTS THAT SUPPORTING, COVER AND CONCERNING, THIS WAY IN THE FORM OF AT ADVERTISEMENT. SOAPS, BODY
LOTIONS AND FACE, GELS FOR BODY AND FACE, OILS THAN
BAÑ OR AND SHOWER, DEODORANTS, ANTISEPTIC GEL. HERBALIFE INTERNATIONAL INC (Unknown Applicant Country)
App 200903194 Reg 171871
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
HN-57 Q5 HERBALIFE Honduras APPLICATION (PENDING) 5 HERBALIFE INTERNATIONAL (United States of America) App 92007352
HN-58 Q5 HERBALIFE Honduras APPLICATION (PENDING) 5 HERBALIFE INT. (United
States of America)
App 92007353
HN-59 Q5 HERBALIFE Honduras APPLICATION (PENDING) 3 HERBALIFE INTERNATIONAL (United States of America) App 92007354
HN-60 Q5 HERBALIFE Honduras APPLICATION (PENDING) 3 HERBALIFE INTERNATIONAL (United States of America) App 92007355
HN-30 Q5 Design Only Honduras APPLICATION (PENDING) 29 29 Bocadillos, incluyendo barras, productos tostados de soya, mezclas de frutas secas, cereales y nueces (trail mixes).
Goods and Services Computerised Translation:
29 Sandwiches, including bars,
products roasted than
~soya~, blends than fruits dry, cereals and nuts (trail
~mixes~). HERBALIFE INTERNATIONAL (United States of America) App 06003515
HN-29 Q5 Design Only Honduras APPLICATION (PENDING) 32 32 Bebidas no alcohólicas y preparaciones para elaborar bebidas no alcohólicas, mezclas de
bebidas proteínicas en polvo.
Goods and Services Computerised Translation:
32 Non alcoholic beverages and preparations for processing beverages non-alcoholic, mixer drinks proteinaceous powdered. HERBALIFE INTERNATIONAL (United States of America) App
06003514
HN-28 Q5 Design Only Honduras APPLICATION (PENDING) 35 35 Servicios de información acerca de la operación de negocios pequeños y
mercadeo de multiniveles. Goods and Services Computerised Translation:
35 Information services concerning operation than small affairs and ~mercadeo~ than
~multiniveles~. HERBALIFE INTERNATIONAL (United States of America) App 06003513
HN-27 Q5 Design Only Honduras APPLICATION (PENDING) 44 44 Servicios de
información acerca de la nutrición humana y manejo del peso corpóral.
Goods and Services Computerised Translation:
44 Information services concerning nutrition human and operation of weight corporal. HERBALIFE INTERNATIONAL (United States of America) App 06003512
HN-26 Q5 Design Only Honduras APPLICATION (PENDING) 5 05 Suplementos nutricionales y dietéticos en forma de tabletas, cápsulas o en polvo; vitaminas.
Goods and Services Computerised Translation:
05 Nutritional supplements and dietetics in form
of tablets, capsules or powdered; vitamins. HERBALIFE INTERNATIONAL (United States of America) App 06003511
HN-25 Q5 Design Only Honduras APPLICATION (PENDING) 30
30 Té de hierbas, bocadillos, incluyendo barras, mezclas de frutas (trail mixes), cereales y nueces. Goods and Services Computerised Translation:
30 Herbal
tea, sandwiches, including bars, blends than fruits (trail ~mixes~), cereals and nuts. HERBALIFE INTERNATIONAL (United States of America) App 06003510
HN-22 Q5
HERBALIFE DISTRIBUTOR NUTRITION CLUB Honduras APPLICATION (PENDING) 35 35 Servicios de información acerca de la operación de negocios pequeños y mercadeo de multi niveles. Goods and Services Computerised Translation:
35 Information services concerning operation than small affairs and ~mercadeo~ than multi levels. HERBALIFE INTERNATIONAL (United States of America) App 06003507
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
HN-9 Q5 SPORTWORKS Honduras APPLICATION (PENDING) 5 05 Suplementos nutricionales y dietéticos en forma de tabletas, cápsulas o en polvo; vitaminas.
Goods and Services Computerised Translation:
05 Nutritional supplements and dietetics in form
of tablets, capsules or powdered; vitamins. HERBALIFE INTERNATIONAL (United States of America) App 06003490
IS-4 Q5 HERBALIFE Iceland REGISTRATION (REGISTERED) 29
35 29 Snarlfæða sem er eingöngu gerð úr próteinum; súpublöndur; fæða í duftformi sem kemur í stað máltíðar samsett úr próteinum,
vítamínum og steinefnum.
35 Smásöluþjónusta, einkum þjónusta við sölu og markaðssetningu á
vörum í gegnum beina sölu eða netsölu.
Goods and Services Computerised Translation:
29 Snack food is made exclusively from proteins; soup mixes; feed powder replaces a meal composed of protein, vitamins and minerals.
35 Retail services, in particular services in the sale and marketing of products through direct sales or internet sales. HERBALIFE INTERNATIONAL (United States of America) App 651
Reg 369/2011
IN-1 Q5 24 India UNPUBLISHED APPLICATION (PENDING) Status According to PTO: NEW APPLICATION 5 29 32 05 DIETARY AND NUTRITIONAL SUPPLEMENTS;FOOD
SUPPLEMENTS; DIETARY AND NUTRITIONAL SUPPLEMENTS FOR SPORTS AND ATHLETICS; FOOD SUPPLEMENTS CONTAINING PROTEINS, MINERALS AND VITAMINS
29 FOODC CONSISTING OF
POWDERED PREPARATIONS; FOODS CONSISTING OF POWDEND PREPARATIONS CONIAINING PROTEINS, MINERALS AND VITAMINS
32 PREPARATIONS FOR MAKING NONALCOHOLIC
DRINKS; DRINKS FOR SPORTS AND ATHLETICS TRAINING SPORTS DRINKS CONIAINING PROTEINS, MINERALS AND VITAMINS HERBALIFE INTERNATIONAL INC.,[1266978] Trading As : HERBALIFE INTERNATIONAL INC., Body Incorporate (United States of America) App 2836224
IN-11 Q5 Design Only India UNPUBLISHED APPLICATION (PENDING) Status According to PTO: NEW APPLICATION 29 29 SNACK FOODS MADE PRIMARILY OF PROTEIN; SOUP MIXES;
POWDERED MEAL REPLACEMENT FOODS COMPOSED OF PROTEIN, VITAMINS; MINERALS. HERBALIFE INTERNATIONAL INC.,[1266978] (India) App 2153768
IN-12 Q5 Design Only India
UNPUBLISHED APPLICATION (PENDING) Status According to PTO: NEW APPLICATION 30 30 PREPARATIONS FOR MAKING HERBAL TEA. HERBALIFE INTERNATIONAL INC.,[1266978] (India) App 2153769
IN-13 Q5 HERBALIFE India UNPUBLISHED APPLICATION (PENDING) Status According to PTO: NEW APPLICATION 29 29 SNACK FOODS MADE PRIMARILY OF PROTEIN; SOUP MIXES; POWERED MEAL
REPLACEMENT FOODS COMPOSED OF PROTEIN, VITAMINS AND MINERALS HERBALIFE INTERNATIONAL INC.,[1266978] (India) App 2153772
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
IN-14 Q5 HERBALIFE India UNPUBLISHED APPLICATION (PENDING) Status According to PTO: NEW APPLICATION 35 35 RETAIL SERVICES NAMELY SELLING AND MARKETING OF PRODUCTS THROUGH DIRECT OR
NETWORK SALES HERBALIFE INTERNATIONAL INC.,[1266978] (India) App 2153773
IN-15 Q5 HERBALIFELINE India UNPUBLISHED APPLICATION (PENDING) Status According to PTO:
NEW APPLICATION 5 05 FOOD SUPPLEMENTS FOR NON-MEDICINAL PURPOSES HERBALIFE INTERNATIONAL INC.,[1266978] (India) App 2153776
IN-17 Q5 NOURIFUSION India REGISTRATION
(REGISTERED) Status According to PTO: REGISTERED 29 29 NUTRITIONAL SUPPLEMENTS IN TABLET OR CAPSULE FORM FOR THE HEALTH OF THE SKIN. HERBALIFE INTERNATIONAL INC.[983230] Body Incorporate (United States of America) App 1523518
IN-18 Q5 NOURIFUSION India REGISTRATION (REGISTERED) Status According to PTO: REGISTERED 29 29 NUTRITIONAL SUPPLEMENTS IN TABLETS OR CAPSULE FROM FOR THE HEALTH OF THE SKIN.
HERBALIFE INTERNATIONAL, INC. (United States of America) App 1514559
IN-2 Q5 HERBALIFE24 India UNPUBLISHED APPLICATION (PENDING) Status According to PTO: NEW
APPLICATION 5 29 32 05 DIETARY AND NUTRITIONAL SUPPLEMENTS;FOOD SUPPLEMENTS; DIETARY AND NUTRITIONAL SUPPLEMENTS FOR SPORTS AND ATHLETICS; FOOD SUPPLEMENTS CONTAINING PROTEINS, MINERALS AND VITAMINS
29 FOODC CONSISTING OF POWDERED PREPARATIONS; FOODS CONSISTING OF POWDEND PREPARATIONS CONIAINING PROTEINS, MINERALS AND VITAMINS
32 PREPARATIONS FOR MAKING NONALCOHOLIC DRINKS; DRINKS FOR SPORTS AND ATHLETICS TRAINING SPORTS DRINKS CONIAINING PROTEINS, MINERALS AND VITAMINS HERBALIFE INTERNATIONAL
INC.,[1266978] Trading As : HERBALIFE INTERNATIONAL INC., Body Incorporate (United States of America) App 2836225
IN-3 Q5 HERBALIFE India APPLICATION (PENDING)
Status According to PTO: FORMALITIES COMPLETED 3 03 GOODS IN RELATING TO HAIR SHAMPOOS, HAIR RINSES, HAIR CONDITIONERS, SKIN CLEANSERS, MOISTURIZERS, AND TONERS, CREAMS, GELS, AND LOTIONS FOR THE FACE AND BODY HERBALIFE INTERNATIONAL INC.,[1266978]
Trading As : HERBALIFE INTERNATIONAL INC., Body Incorporate (United States of America) App 2781083
IN-42 Q5 Design Only India REGISTRATION (REGISTERED) Status
According to PTO: REGISTERED 32 32 POWDERED PROTEIN, AMINO ACIDS, VITAMINS, MINERALS AND HERBS FOR MAKING BEVERAGES. HERBALIFE INTERNATIONAL INC.[254689] (United States of America) App 637829
Page60
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
ID-18 Q5 HERBALIFE Indonesia APPLICATION (PENDING) 3 03 Cosmetics, substances for cleansing and conditioning; substances for laundry use, cleansing, polishing, scouring and
abrasive preparations.
03 Kosmetik, minyak sari wangi, parfum-parfum, sabun- sabun, lotion-lotion rambut, sediaan-sediaan
pemelihara gigi, sediaan-sediaan untuk pemeliharaan rambut dan kulit badan, sediaan-sediaan cleansing dan conditioning, sediaan-sediaan untuk mengelantang dan mencuci,
sediaan-sediaan untuk membersihkan, mengkilatkan, membuang lemak dan menggosok. Goods and Services Computerised Translation:
03 Cosmetics, substances for cleansing
and conditioning; substances for laundry use, cleansing, polishing, scouring and abrasive preparations.
03 Cosmetics, fragrance oil extracts, perfumes, soaps,
lotion-hair lotion, tooth preparations keepers, preparations for the hair and body skin care, cleansing preparations and conditioning, preparations for bleaching and washing, preparations for cleaning, polishing, scrubbing and discard fat. HERBALIFE
INTERNATIONAL INC. (United States of America) App D952083
ID-1 Q5 HERBALIFE Indonesia APPLICATION (PENDING) 3 03 Sabun; minyak wangi, minyak esensial, kosmetik,
losion rambut, sediaan perawatan rambut; sediaan perawatan gigi dan mulut, sampo, pelembut rambut, sediaan penataan rambut yang disemprotkan, gel, dan minyak rambut; krim, losion, gel, susu, masker, pengelupas kulit, penyegar dan sediaan yang
disemprotkan untuk wajah; losion, krim, gel dan bahan penggosok untuk tangan; krim, losion, sediaan untuk mencuci, gel pengelupas dan sediaan yang disemprotkan untuk tubuh; sediaan pribadi untuk bercukur untuk laki-laki; wewangian; kain kosmetik
untuk menggosok atau untuk mengelupas; produk pemutih kulit; produk perawatan kulit.
Goods and Services Computerised Translation:
03 Soap; perfumes, essential oils, cosmetics, hair lotions, hair care preparations; dental care preparations, shampoos, hair softeners, hair styling preparations were sprayed, gel,
and hair oil; cream, lotion, gel, milk, masks, exfoliants, toners and preparations which are sprayed on the face; lotions,
creams, gels and abrasive to the hand;
creams, lotions, preparations for washing, exfoliating gel and preparations are sprayed to the body; personal preparation to shave for men; fragrances; cosmetic
cloth to rub or to peel; skin whitening products; skin care products. HERBALIFE INTERNATIONAL INC (United States of America) App
D002012055734
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application Registration
Number Number
ID-11 Q5 OCEAN Indonesia APPLICATION 3 03 Produk-produk perawatan kulit, yaitu.
losion utnuk HERBALIFE App
CURRENTS(PENDING) badan, sabun untuk badan, bedak utnuk badan, minyak INTERNATIONAL INC. D00.2001.18278.1
untuk mandi, dan gel mandi.(United States of America) 8404
03 Skin care products, namely, body
lotion, body soap,
body powder, bath oil, and bath gel.
Goods and Services
Computerised Translation:
03 Skin care products, namely. laneways body lotion,
soap for body, body powder separately, for oil bath, and
shower gel.
03 Skin care products, namely, body lotion, body soap,
body powder, bath oil,
and bath gel.
ID-14 Q5 Design Only Indonesia APPLICATION 29 29 Bubuk protein untuk makanan manusia. HERBALIFE App D954541
(PENDING) 29 Powdered protein for human consumption INTERNATIONAL INC.
Goods and Services
Computerised Translation:(United States of America)
29 Protein powder for human food.
29 Powdered protein for human consumption
ID-15 Q5 Design Only Indonesia APPLICATION 29 29
Bubuk protein untuk makanan manusia. HERBALIFE App D954542
(PENDING) 29 Powdered protein for human consumption. INTERNATIONAL INC.
Goods and Services Computerised Translation:(United States of America)
29 Protein powder for
human food.
29 Powdered protein for human consumption.
ID-2 Q5 HERBALIFE
Indonesia APPLICATION 35 35 Jasa periklanan; jasa manajemen bisnis; jasa HERBALIFE App
(PENDING) administrasi bisnis; fungsi perkantoran; jasa-jasa untuk
INTERNATIONAL INC. J002012055732
membantu pihak lain dalam pemasaran secara(Unknown Applicant
langsung, periklanan, pelatihan kepemimpinan, Country)
pemrosesan pesanan dan pemrosesan
pembayaran;
jasa manajemen data secara eletronik terkait dengan
manajemen
berat badan, kesehatan dan kebugaran
tubuh, pemasaran berjenjang, dan pengembangan
bisnis kecil.
Goods and Services Computerised Translation:
35 Advertising services; business management
services; business administration services;
office
functions; services to assist others in direct marketing,
advertising,
training, leadership, order processing and
payment processing; electronic data management
services related to weight management, health and
fitness, tiered marketing, and small
business
development.
ID-20 Q5 Design Only Indonesia APPLICATION 32 32 otein
bubuk, asam amino, vitamin, mineral-mineral HERBALIFE App 19051
(PENDING) dan tanaman-tanaman untuk membuat minuman INTERNATIONAL INC.
inuman. (Powdered protein, amino acids, vitamins,(United States of America)
minerals and herbs
for making beverages.)
Goods and Services Computerised Translation:
32 otein
powder, amino acids, vitamins, minerals and
plants to make drinks inuman. (Powdered protein,
amino acids, vitamins, minerals and herbs for making
beverages.)
ID-21 Q5 THERMOJETICS Indonesia APPLICATION 30 30 Makanan yang terbuat dari ramuan-ramuan tanaman HERBALIFE App 19056
(PENDING) dan dapat pula diminum. INTERNATIONAL INC.
Herbal food beverages.(United States of
America)
Goods and Services Computerised Translation:
30 Foods made from
plants and herbs can also be
taken.
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
ID-22 Q5 Design Only Indonesia APPLICATION (PENDING) 32 32 rotein bubuk, asam amino, vitamin, mineral-mineral dan tanaman-tanaman untuk membuat minuman- minuman.
Powdered protein, amino acids, vitamins, minerals and herbs for making beverages.
Goods and
Services Computerised Translation:
32 rotein powder, amino acids, vitamins, minerals and plants for making beverages. HERBALIFE INTERNATIONAL INC. (United States
of America) App 19059
ID-23 Q5 Design Only Indonesia APPLICATION (PENDING) 30 30 Makanan yang terbuat dari ramuan-ramuan tanaman dan dapat pula diminum.
Herbal food beverages.
Goods and Services Computerised Translation:
30 Foods made from plants and herbs can also be taken. HERBALIFE INTERNATIONAL INC. (United States of America) App 19052
ID-25 Q5 Design Only Indonesia APPLICATION (PENDING) 30 30 Makanan yang terbuat dari ramuan-ramuan tanaman dan dapat pula diminum.
Herbal food beverages.
Goods and Services Computerised Translation:
30 Foods made from plants and herbs can also be taken. HERBALIFE INTERNATIONAL INC. (United States of America) App 19060
ID-26 Q5 HERBALIFELINE Indonesia REGISTRATION (REGISTERED) 5 HERBALIFE INTERNATIONAL INC. (United States of America) Reg 189785
ID-27 Q5 APR Indonesia REGISTRATION (REGISTERED) 5 HERBALIFE INTERNATIONAL (United States of America) Reg 189511
ID-28 Q5 HERBALIFE Indonesia REGISTRATION (REGISTERED) 3 5 29 HERBALIFE INTERNATIONAL (United States of America) Reg 194356
ID-29 Q5 CELL U LOSS Indonesia REGISTRATION (REGISTERED) 5 HERBALIFE INTERNATIONAL (United States of America) Reg 189512
ID-3 Q5 Design Only Indonesia APPLICATION (PENDING) 35 35 Jasa periklanan; jasa manajemen bisnis; jasa administrasi bisnis; fungsi perkantoran; jasa-jasa untuk membantu pihak lain
dalam pemasaran secara langsung, periklanan, pelatihan kepemimpinan, pemrosesan pesanan dan pemrosesan pembayaran; jasa manajemen data secara eletronik terkait dengan manajemen berat badan, kesehatan dan kebugaran tubuh, pemasaran berjenjang, dan
pengembangan bisnis kecil.
Goods and Services Computerised Translation:
35
Advertising services; business management services; business administration services; office functions; services to assist others in direct marketing, advertising, training, leadership, order processing and payment processing; electronic data
management services related to weight management, health and fitness, tiered marketing, and small business development. HERBALIFE INTERNATIONAL INC. (Unknown Applicant Country) App
J002012055730
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
ID-4 Q5 HERBALIFE Indonesia APPLICATION (PENDING) 35 35 Jasa periklanan; jasa manajemen bisnis; jasa administrasi bisnis; fungsi perkantoran; jasa-jasa untuk membantu pihak lain
dalam pemasaran secara langsung, periklanan, pelatihan kepemimpinan, pemrosesan pesanan dan pemrosesan pembayaran; jasa manajemen data secara eletronik terkait dengan manajemen berat badan, kesehatan dan kebugaran tubuh, pemasaran berjenjang, dan
pengembangan bisnis kecil.
Goods and Services Computerised Translation:
35
Advertising services; business management services; business administration services; office functions; services to assist others in direct marketing, advertising, training, leadership, order processing and payment processing; electronic data
management services related to weight management, health and fitness, tiered marketing, and small business development. HERBALIFE INTERNATIONAL INC. (Unknown Applicant Country) App
J002012055743
ID-9 Q5 HERBALIFE DISTRIBUTOR NUTRITION CLUB Indonesia APPLICATION (PENDING) 41
41 Penyediaan jasa-jasa pendidikan melalui pertukaran berita dan informasi di bidang kesehatan, kebugarang, pemasaran multi-level dan pengembangan usaha kecil.
41
Providing educational services through the exchange of news and information fields of health, nutrition,
fitness, multi-level marketing and edevelopment of small
business.
Goods and Services Computerised Translation:
41 Provision of
education services through the exchange of news and information in the field of health, kebugarang, multi-level marketing and small business development.
41
Providing educational services through the exchange of news and information fields of health, nutrition,
fitness, multi-level marketing and edevelopment of small
business. HERBALIFE INTERNATIONAL INC (United States of America) App
J00.2004.3667637
091
WO-1 Q5 HERBALIFE SKIN International
Register REGISTRATION (REGISTERED) 3(English) 03 Non-medicated skin care preparations, namely, facial creams, eye creams, facial cleansers, scrubs, cleansing creams, lotions and
oils, body lotion, moisturizers and toners, gels, washes, and masks for use on the face and body, shaving creams; non- medicated sun care preparations. Herbalife International, Inc. (United States of America) Reg 1174496
IL-14 Q5 SHAPEWORKS Original Trademark Name: SHAPEWORKS Israel REGISTRATION (REGISTERED) 29 29 Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods;
fruit and vegetable-based snack foods; powdered soy-based protein food beverage mixes; soy-based food beverages used as a milk substitute, all included in Class 29. HERBALIFE INTERNATIONAL, INC. (United States of America) App 177013
IL-15 Q5 SHAPEWORKS Original Trademark Name: SHAPEWORKS Israel REGISTRATION (REGISTERED) 30 30 Teas; herbal food beverages; non-alcoholic effervescent beverages, all included in
Class 30. HERBALIFE INTERNATIONAL, INC. (United States of America) App 177016
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
IL-16 Q5 SHAPEWORKS Original Trademark Name: SHAPEWORKS Israel REGISTRATION (REGISTERED) 32 32 Beverages containing powdered protein, amino acids, vitamins, minerals and herbs;
fruit juice; vegetable juice; all included in class 32. HERBALIFE INTERNATIONAL, INC. (United States of America) App 177017
IL-17 Q5 SHAPEWORKS Original Trademark
Name: SHAPEWORKS Israel REGISTRATION (REGISTERED) 44 44 Planning and supervision of weight management regimen program featuring structured weight loss, weight management, diet, wellness planning and maintenance through the use of diet, nutrition,
and exercise for lifestyle change; all included in Class 44. HERBALIFE INTERNATIONAL, INC. (United States of America) App 177018
IL-2 Q5 Design Only Israel
REGISTRATION (REGISTERED) 5 29 35 05 Dietary supplements, possibly containing vitamins and minerals, in powder, capsule, or tablet form made from processed oils, fats and nuts
29 Foods and snacks made from processed oils, fats, and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks
containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the
form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads;
all included in Class 29.
35 Marketing and promotional services associated with the sale of foods, food supplement and cosmetic products, as well as human health
and fitness training materials, and marketing of independent business start- up opportunities; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing; electronic data management
services related to weight management, human health and fitness, multi-level marketing, and development of small business; all included in Class 35. Herbalife International, Inc. (United States of America) App 245942
IL-23 Q5 Design Only Israel REGISTRATION (REGISTERED) 44 44 Planning and supervision of weight management regimen program featuring structured weight loss, weight management, diet,
wellness planning and maintenance through the use of diet, nutrition, and exercise for lifestyle change; all included in Class 44. HERBALIFE INTERNATIONAL, INC. (United States of America) App 177023
IL-25 Q5 SHAPEWORKS Original Trademark Name: SHAPEWORKS Israel REGISTRATION (REGISTERED) 5 05 Nutritional, dietary, and weight-loss supplements; nutritional drink mixes for use as
a meal replacement, all included in Class 5. HERBALIFE INTERNATIONAL, INC. (United States of America) App 177011
IL-27 Q5 Design Only Israel REGISTRATION
(REGISTERED) 32 32 Beverages containing powdered protein, amino acids, vitamins, minerals and herbs; fruit juice; vegetable juice; all included in Class 32. HERBALIFE INTERNATIONAL, INC. (United States of America) App 177022
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
IL-29 Q5 Design Only Israel REGISTRATION (REGISTERED) 5 05 Nutritional, dietary, and weight-loss supplements; nutritional drink mixes for use as a meal replacement, all included in
Class 5. HERBALIFE INTERNATIONAL, INC. (United States of America) App 177019
IL-3 Q5 Harevalife Original Trademark Name: Israel REGISTRATION (REGISTERED) 3 5 29 30
32 35 03 Soaps; perfumery, essential oils, cosmetics, hair lotions, hair care products; dentifrices; shampoos, conditioners, hair styling sprays, gels, and pomades; facial creams, lotions, gels, milks, masks, exfoliants, toners, and sprays; hand
lotions, creams, gels, and scrubs; body creams, lotions, washes, gels, exfoliants, and sprays; shaving toiletries for men; fragrances; abrasive or exfoliant cloths; skin whitening products; skin care products; all included in Class 3.
05 Healthcare products, health food supplements made principally of vitamins, health food supplement made principally of minerals, food supplements, nutritional supplements for
healthcare and dietary purposes; nutritional and dietary supplements; dietary supplements in powder, capsule, or tablet form made
from processed oils, fats and
nuts ; all included in Class
5.
29 Foods and snacks made from processed oils,
fats, and nuts; protein bars and savory protein-based snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups,
preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal
ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads; all included in Class 29.
30 Coffee, chocolate and tea based
beverages; teas, coffee, chocolate, cocoa; snack food made primarily of HERBALIFE INTERNATIONAL, INC. (United States of America) App 245938
IL-30 Q5 Design Only
Israel REGISTRATION (REGISTERED) 30 30 Teas; herbal food beverages; non-alcoholic effervescent beverages, all included in Class 30. HERBALIFE INTERNATIONAL, INC. (United States of America) App 177021
IL-32 Q5 Design Only Israel REGISTRATION (REGISTERED) 29 29 Processed nuts; soups; soup mixes; protein-based snack foods; soy-based snack foods; fruit and vegetable-based snack
foods; powdered soy-based protein food beverage mixes; soy-based food beverages used as a milk substitute, all included in Class 29. HERBALIFE INTERNATIONAL, INC. (United States of America) App 177020
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
IL-4 Q5 HERBALIFE Original Trademark Name: HERBALIFE Israel REGISTRATION (REGISTERED) 5 29 30 32 35 05 dietary supplements in powder, capsule, or tablet form made from processed
oils, fats and nuts; all included in class 5.
29 Foods and snacks made from processed oils, fats, and nuts; protein-based snack bars and savory soy snacks, snacks
containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk
products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game meat extracts; edible oils fats; but not including
spreads; all included in Class 29.
30 Coffee, chocolate and tea based beverages; teas, coffee, chocolate, cocoa; snack foods made primarily of protein; culinary
herbs; herb tea foods purposes; all included in Class 30.
32 Mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices and other
preparations for making beverages; ready-to drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; beverages and non- alcoholic drinks; all included in Class 32.
35 Direct sales of foods,supplements and cosmetics; services to assist others with direct marketing, advertising, lead generation, order processing, and payment processing;
electronic data management services related to weight management, human health and fitness, multi-level marketing, and development of HERBALIFE INTERNATIONAL, INC. (United States of America) App 245935
IL-68 Q5 THERMOJETICS Original Trademark Name: THERMOJETICS Israel REGISTRATION (REGISTERED) 5 05 Nutritional supplements consisting of herbs, all in tablet or liquid form; all
included in class 5. HERBALIFE INTERNATIONAL, INC. (United States of America) App 90487
IL-69 Q5 THERMOJETICS Original Trademark Name: THERMOJETICS Israel
REGISTRATION (REGISTERED) 3 03 Cosmetics and body creams; all included in class 3. HERBALIFE INTERNATIONAL, INC. (United States of America) App 90485
IL-70 Q5
THERMOJETICS Original Trademark Name: THERMOJETICS Israel REGISTRATION (REGISTERED) 3 03 Cosmetics and body creams; all included in class 3. HERBALIFE INTERNATIONAL, INC. (United States of America) App 90486
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Number Registration
Number
IL-72 Q5 THERMOJETICS Original Trademark Name: THERMOJETICS Israel REGISTRATION (REGISTERED) 5 05 Nutritional supplements consisting of herbs, all in tablet or liquid form; all
included in class 5. HERBALIFE INTERNATIONAL, INC. (United States of America) App 83888
IT-1 Q5 HERBALIFE Italy UNPUBLISHED APPLICATION (PENDING) 5 30 32(05)
PRODOTTI FARMACEUTICI, VETERINARI E IGIENICI, SOSTANZE DIETETICHE PER USO MEDICO, ALIMENTI PER BEBE, IMPIASTRI, MATERIE PER FASCIATURE, MATER. PER OTTURARE I DENTI E PER IMPRONTE DENTARIE, PROD. PER DISTRUZIONE ANIMALI NOCIVI, FUNGICIDI
ERBICIDI. 30 CAFFE, TE, CACAO, ZUCCHERO, RISO, TAPIOCA, SAGO SUCCEDANEI DEL CAFFE, FARINE E PREPARATI FATTI DI CEREALI, PANE, PASTICCERIA E CONFETTERIA, GELATI, MIELE, SCIROPPO DI MELASSA, LIEVITO, POLVERE PER FARE LIEVITARE, SALE,
SENAPE, ACETO, SALSE, (TRANNE LE SALSE PER INSALATA). 32 BIRRE, ACQUE MINERALI E GASSOSE E ALTRE BEVANDE ANALCOLICHE, BEVANDE DI FRUTTA E SUCCHI DI FRUTTA, SCIROPPI E ALTRI PREPARATI PER FARE BEVANDE.
Goods and Services Computerised Translation:
05 PHARMACEUTICAL PREPARATIONS, VETERINARY AND
SANITARY, DIETETIC SUBSTANCES ADAPTED FOR MEDICAL USE, FOOD FOR BABIES, PLASTERS, MATERIAL FOR FODDER, MATTING. TEETH FILLING AND FOR DENTAL IMPRESSIONS, PROD. VERMIN DESTRUCTION, FUNGICIDES HERBICIDES. 30 COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA,
SAGO ARTIFICIAL COFFEE, FLOURS AND PREPARATIONS CEREALS, BREAD, PASTRIES AND SUGAR CONFECTIONERY, ICE CREAM, HONEY, GOLDEN SYRUP, YEAST, RAISING POWDERS, SALT, MUSTARD, VINEGAR, SAUCES,(EXCEPT SALAD DRESSINGS). 32 BEER, HERBALIFE INTERNATIONAL INC.
(United States of America) App
TO/2014/003717
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Number Registration
Number
IT-2 Q5 ALOEMAX Italy UNPUBLISHED REGISTRATION (REGISTERED) 5 32(05) BEVANDE E BEVANDE IN POLVERE E CONCENTRATI DI BEVANDE PER USO MEDICINALE. (32) ACQUE MINIREALI E GASSOSE E
ALTRE BEVANDE ANALCOLICHE, BEVANDE DI FRUTTA E SUCCHI DI FRUTTA, SCIROPPI ED ALTRI PREPARATI PER FARE BEVANDE (COMPRESE POLVERI PER BEVANDE E CONCENTRATI PER BEVANDE).
Goods and Services Computerised Translation: (05) BEVERAGES AND POWDERED BEVERAGES AND CONCENTRATES OF DRINKS FOR MEDICATED USAGE.
(32) WATERS ~MINIREALI~ AND FIZZY DRINKS AND OTHER NON-ALCOHOLIC DRINKS, FRUIT BEVERAGES AND FRUIT JUICES, SYRUPS AND OTHER PREPARATIONS FOR MAKING DRINKS (INCLUDED POWDERS FOR
DRINKS AND CONCENTRATES FOR DRINKS). HERBALIFE INTERNATIONAL INC. (United States of America) App
TO/2013/003753 Reg 1579553
JP-1 Q5 HERBALIFE SKIN Japan PENDING 3 HERBALIFE INTERNATIONAL, INC. (United States of America) App 2014-090703
JP-2 Q5 HERBALIFE24 Japan REGISTERED 5 32 HERBALIFE INTERNATIONAL, INC. (United States of America) App 2014-073348 Reg 5729045
JP-3 Q5 24 Japan REGISTERED 5 32 HERBALIFE INTERNATIONAL, INC. (United States of America) App 2014-073349 Reg 5729046
JP-72 Q5 THERMOJETICS Japan REGISTERED 30 HERBALIFE INTERNATIONAL, INC. (United States of America) App H06-067007 Reg 3261911
KZ-1 Q5 HERBALIFE Kazakhstan REGISTRATION (REGISTERED) 35 35 Goods and Services Computerised Translation:
35 advertising; business management; business administration; office functions; help for others in rendering services; direct marketing, advertising, attraction potential clients,
processing orders and payments, managements electronic bases data in the area of optimization weight, health person and his physical state, network marketing and development small business. HERBALIFE INTERNATIONAL INC (United States of America) App
59394 Reg 42267
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Number Registration
Number
KZ-13 Q5 DERMAJETICS Kazakhstan REGISTRATION (REGISTERED) 3 03
Goods and Services Computerised
Translation:
03 goods for care for hair, namely: shampoos, conditioners, air conditioners and aerosols; goods on nursing behind skin, namely: cleaning and
moisturizing tools, creams for persons, cream for eyes, cream for body, lotions for body, oils for body, cosmetic masks for persons, ~ liquids, creams for shaving, oils and lotions for sunburn; tools personal hygiene, namely: colognes, perfumes,
talc, soap for body and deodorants for bodies HERBALIFE INTERNATIONAL (United States of America) App 9084 Reg 7143
KE-1 Q5 HERBALIFELINE Kenya APPLICATION
(PENDING) 5 05 Food supplements for non-medicinal purposes. HERBALIFE INTERNATIONAL INC. (United States of America) App 83859
LS-1 Q5 ROSEGUARD Lesotho APPLICATION
(PENDING) 5 05 Food supplements composed of vitamins and botanicals HERBALIFE INTERNATIONAL (United States of America) App 2013/00398
LS-16 Q5 SHAPESCAN Lesotho
APPLICATION (PENDING) 5 29 30 32 44 HERBALIFE INTERNATIONAL OF AMERICA (United States of America) App 2004/00099
LS-17 Q5 SHAPESCAN Lesotho APPLICATION (PENDING) 5
29 30 32 42 44 HERBALIFE INTERNATIONAL OF AMERICA (United States of America) App 2004/00099
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Number
Registration
Number
LS-19 Q5 SHAPESCAN Lesotho APPLICATION (PENDING) 9 09
ELECTRONIC APPARATUS OF ALL KINDS, PHOTOGRAPHIC CINEMATOGRAPHIC; TELECOMMUNICATIONS DEVICES, APPARATUS, EQUIPMENT, INSTALLATIONS, MACHINES AND INSTRUMENTS; DEVICES ASSOCIATED WITH WEIGHT MANAGEMENT PROGRAMS; BODY SCANNERS; AND ANALYSERS; OPTICAL,
TEACHING APPARATUS AND EQUIPMENT;
APPARATUS FOR RECORDING, TRANSMISSION OR REPRODUCTION OF SOUND OR IMAGES; MAGNETIC DATA CARRIERS; RECORDING DISCS; DATA
PROCESSING EQUIPMENT;
COMPUTERWARE (HARDWARE AND SOFTWARE) OF ALL KINDS AND DESCRIPTIONS; COMPUTER HARDWARE AND SOFTWARE FOR USE IN WEIGHT MANAGEMENT PROGRAMS;
ELECTRONIC PUBLICATIONS; ELECTRONIC DATABASE OF INFORMATION RECORDED ON COMPUTER MEDIA; PARTS, COMPONENTS, FITTINGS AND ACCESSORIES FOR ALL OF THE AFOREGOING HERBALIFE INTERNATIONAL OF AMERICA (United States of America) App 2004/00218
MY-37 Q5 Design Only Malaysia UNPUBLISHED APPLICATION (PENDING) 505 NON-ALCOHOLIC DRINKS AND BEVERAGES AND PREPARATIONS FOR MAKING SUCH DRINKS AND BEVERAGES CONTAINING POWDERED
PROTIEN, AMINO ACIDS AND/OR HERBS; ALL INCLUDED IN CLASS 5. HERBALIFE INTERNATIONAL, INC.; (United States of America) App 94006340
MX-1 Q5 HERBALIFE24 Mexico
REGISTERED 5 COMPLEMENTOS ALIMENTICIOS COMPUESTOS PRIMORDIALMENTE DE PROTEINAS, VITAMINAS Y MINERALES.
Goods and Services Translation:
FOOD SUPPLEMENTS COMPRISING PRIMARILY THAN PROTEINS, VITAMINS AND MINERALS. HERBALIFE INTERNATIONAL, INC. (United States of America) App 1506793 Reg 1487246
MX-10 Q5 NUTRICION HERBALIFE Mexico REGISTERED 32 BEBIDAS SIN ALCOHOL; BEBIDAS A BASE DE FRUTAS Y ZUMOS DE FRUTAS; SIROPES Y OTRAS PREPARACIONES PARA ELABORAR BEBIDAS. Goods and
Services Translation:
SMOOTHIES, BEVERAGES WITH FRUITS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVARAGES. HERBALIFE INTERNATIONAL, INC. (United
States of America) App 87994 Reg 81392
MX-106 Q5 DERMAJETICS Mexico RENEWED (REGISTERED) 3 PRODUCTOS PARA EL CUIDADO DE LA PIEL, A SABER, LIMPIADORES, HUMECTANTES,
TONIFICANTES, ASTRINGENTES, MASCARILLAS FACIALES, CREMAS FACIALES, CREMAS PARA LOS OJOS, CREMAS PARA EL CUERPO, LOCIONES PARA EL CUERPO, CREMAS TONIFICANTES PARA EL CUERPO,
Goods and Services Translation:
SKIN CARE, NAMELY, CLEANERS, MOISTENING AGENTS, TONING,
ASTRINGENTS, FACIAL MASQUES, FACIAL CREAM, EYE CREAM, BODY CREAMS, BODY LOTION, CREAMS TONING FOR BODY, HERBALIFE INTERNATIONAL, INC. (United States of America) App 209693 Reg 486837
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Number
Registration
Number
MX-11 Q5 HERBALIFE SKIN Mexico REGISTERED 3 PREPARACIONES
NO MEDICINALES PARA EL CUIDADO DE LA PIEL, A SABER, CREMAS FACIALES, CREMAS PARA LOS OJOS, LIMPIADORES FACIALES, EXFOLIANTES, CREMAS, LOCIONES Y ACEITES LIMPIADORES, LOCIONES PARA EL CUERPO, CREMAS HIDRATANTES Y TONICOS, GELES, ENJUAGUES,
MASCARILLAS PARA EL ROSTRO Y EL CUERPO, CREMAS PARA EL AFEITADO; PREPARACIONES NO MEDICINALES DE PROTECCION SOLAR.
Goods and Services Translation:
NON-MEDICATED PREPARATIONS FOR THE CARE OF THE SKIN, NAMELY, FACIAL CREAM, EYE CREAM, FACIAL CLEANSERS, SCRUBS, CREAMS, LOTIONS AND WASHING OILS, BODY LOTION, MOISTURIZING CREAMS
AND TONICS, GELS, RINSE, MASKS FOR FACE AND BODY, SHAVING CREAM; PREPARATIONS NON-MEDICATED THAN SUN-PROTECTION. HERBALIFE INTERNATIONAL, INC. (United States of America) App 1416053 Reg 1438587
MX-2 Q5 HERBALIFE24 Mexico REGISTERED 32 PREPARACIONES PARA ELABORAR BEBIDAS SIN ALCOHOL.
Goods and Services Translation:
PREPARATIONS FOR PROCESSING BEVERAGES
NONALCOHOLIC. HERBALIFE INTERNATIONAL, INC. (United States of America) App 1506794 Reg 1487247
MX-3 Q5 HERBALIFE NUTRICION PARA UNA VIDA MEJOR Mexico REGISTERED 32
BEBIDAS SIN ALCOHOL; BEBIDAS A BASE DE FRUTAS Y ZUMOS DE FRUTAS; SIROPES Y OTRAS PREPARACIONES PARA ELABORAR BEBIDAS. Goods and Services Translation:
SMOOTHIES,
BEVERAGES WITH FRUITS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVARAGES. HERBALIFE INTERNATIONAL, INC. (United States of America) App 88052 Reg 81870
MX-30 Q5 SPORTIVITES Mexico REGISTERED 5 PRODUCTOS VITAMINICOS. Goods and Services Translation: PRODUCTS VITAMINISES. HERBALIFE INTERNATIONAL, INC. (United States) App 863652 Reg
997853
MX-31 Q5 LAUNCH Mexico REGISTERED 32 BEBIDAS NO ALCOHOLICAS Y PREPARACIONES PARA HACER BEBIDAS NO ALCOHOLICAS. Goods and Services Translation:
NON ALCOHOLIC BEVERAGES AND PREPARATIONS FOR MAKING NON ALCOHOLIC BEVERAGES. HERBALIFE INTERNATIONAL, INC. (United States) App 863653 Reg 997854
MX-32 Q5 POWERUP Cross References: POWER UP Mexico REGISTERED 32 BEBIDAS NO ALCOHOLICAS Y PREPARACIONES PARA HACER BEBIDAS NO ALCOHOLICAS. Goods and Services Translation:
NON-ALCOHOLIC BEVERAGES AND PREPARATIONS FOR MAKING NON-ALCOHOLIC BEVERAGES. HERBALIFE INTERNATIONAL, INC. (United States) App 863657 Reg 1004525
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Number
Registration
Number
MX-35 Q5 Design Only Mexico REGISTERED 29 CARNE, PESCADO,
AVES Y CAZA; EXTRACTOS DE CARNE; FRUTAS Y VEGETALES EN CONSERVA, SECAS Y COCIDAS; GELATINAS, MERMELADAS, COMPOTAS; HUEVOS, LECHE Y PRODUCTOS LACTEOS; ACEITES Y GRASAS COMESTIBLES, INCLUYENDO ALIMENTOS Y BOTANAS HECHAS DE ACEITES,GRASAS Y NUECES
PROCESADOS; SUPLEMENTOS ALIMENTICIOS EN FORMA DE POLVO, CAPSULA Y TABLETAS HECHAS DE ACEITES, GRASAS Y NUECES PROCESADAS, MEZCLAS ALIMENTICIAS PARA BEBER COMPRENDIDOS EN ESTA CLASE.
Goods and Services Translation:
MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; FRUITS AND
VEGETABLES PRESERVES, DRY AND COOKED; GELATINES, MARMALADE, COMPOTES; EGGS, MILK AND MILK PRODUCTS; OILS AND EDIBLE FATS, INCLUDING FOOD AND BOTANAS MADE OILS, GREASES AND PROCESSED NUTS;FOOD SUPPLEMENTS IN FORM OF POWDER, CAPSULE AND TABLETS MADE
OILS, GREASES AND PROCESSED NUTS, MIXTURES EDIBLE FOR DRINKING INCLUDED IN THIS CLASS. HERBALIFE INTERNATIONAL, INC. (United States) App 823848 Reg 970784
MX-37 Q5
ACE COMPLEJO Translation: COMPLEX ACE Mexico REGISTERED 5 SUPLEMENTO DIETETICO EN FORMA DE CAPSULA, NO PARA PROPOSITOS MEDICOS, COMPUESTO PRINCIPALMENTE DE ACIDOS GRASOS.
Goods and Services Translation:
DIETARY SUPPLEMENTS IN THE FORM OF CAPSULES, NOT MEDICAL
PURPOSES, COMPOUND MAINLY FATTY ACIDS. HERBALIFE INTERNATIONAL, INC. (United States) App 805327 Reg 955626
MX-39 Q5 LIFTOFF Cross References: LIFT OFF Mexico
REGISTERED 5 TABLETAS EFERVECENTES PARA PREPARAR BEBIDAS ENERGETICAS QUE CONTIENEN ANTIOXIDANTES, MINERALES, VITAMINA C, VITAMINA B6 Y VITAMINA B12.
Goods and
Services Translation:
TABLETS EFERVECENTES FOR PREPARING DRINKS ENERGY CONTAINING ANTIOXIDANTS, MINERAL, VITAMINS C, VITAMIN B6 AND VITAMIN B12. HERBALIFE
INTERNATIONAL, INC. (United States) App 750298 Reg 915237
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Number
Registration
Number
MX-4 Q5 HERBALIFE NUTRICION PARA UNA VIDA MEJOR Mexico
REGISTERED 35 SERVICIOS DE PUBLICIDAD EN EL CAMPO DE LOS ALIMENTOS, ALIMENTOS Y SUBSTANCIAS DIETETICAS PARA USO MEDICO, COMPLEMENTOS ALIMENTICIOS PARA PERSONAS, CAFE, TE,
CACAO Y SUCEDANEOS DEL CAFE, ARROZ, TAPIOCA Y SAGU, HARINAS Y PREPARACIONES A BASE DE CEREALES, PAN, PRODUCTOS DE PASTELERIA Y CONFITERIA, HELADOS, AZUCAR, MIEL, JARABE DE MELAZA,
LEVADURA, POLVOS DE HORNEAR, SAL, MOSTAZA, BARRITAS DE CEREALES RICAS EN PROTEINAS, BEBIDAS SIN ALCOHOL, BEBIDAS A BASE DE FRUTAS Y ZUMOS DE FRUTAS, SIROPES Y OTRAS PREPARACIONES PARA ELABORAR BEBIDAS.
Goods and Services Translation: ADVERTISING SERVICES IN THE FIELD OF FOODSTUFFS, FOODSTUFFS AND DIETETIC SUBSTANCES ADAPTED FOR MEDICAL USE, FOOD SUPPLEMENTS FOR HUMANS, COFFEE,
TEA, COCOA AND COFFEE SUBSTITUTES, RICE, TAPIOCA AND SAGO, FLOUR AND PREPARATIONS CONTAINING CEREALS, BREAD, PASTRY PRODUCTS AND CONFECTIONERY, ICES, SUGAR, HONEY, TREACLE, YEAST, BAKING POWDER,
SALT, MUSTARD, BARS THAN CEREALS RICH AT PROTEIN, SMOOTHIES, BEVERAGES WITH FRUITS AND FRUIT JUICES, SYRUPS AND OTHER PREPARATIONS FOR PROCESSING BEVERAGES. HERBALIFE
INTERNATIONAL, INC. (United States of America) App 88051 Reg 81869
MX-41 Q5 NOURIFUSION Mexico REGISTERED 30 CAFE, TE, CACAO, AZUCAR, ARROZ, TAPIOCA, SAGU,
SUSTITUTOS DEL CAFE; HARINA Y PREPARACIONES HECHAS DE CEREALES, PAN, PASTELERIA Y CONFITERIA, HELADOS; MIEL, JARABE DE MELAZA; LEVADURA, POLVO PARA ESPONJAR; SAL, MOSTAZA; VINAGRE, SALSAS (CONDIMENTOS);ESPEC IAS; HIELO, INCLUYENDO, SUPLEMENTOS
DIETETICOS Y NUTRICIONALES
NO MEDICINALES PARA PROPOSITOS DE SALUD HECHOS A BASE DE CEREALES, CAFE, TE, CACAO, AZUCAR, ARROZ, TAPIOCA, SAGU, MIEL Y JARABE DE
MELAZA.
Goods and Services Translation:
COFFEE, TEA, COCOA, SUGAR, RICE,
TAPIOCA, SAGO, COFFEE SUBSTITUTES; FLOUR AND CEREAL PREPARATIONS, BREAD, PASTRIES AND CONFECTIONERY, ICES; HONEY, GOLDEN SYRUP; YEAST, RAISING POWDER; SALT, MUSTARD; VINEGAR, SAUCES (CONDIMENTS); ESPEC IAS; ICE,INCLUDING, DIETETIC SUPPLEMENTS AND
NUTRITIONAL NOT MEDICINAL FOR PURPOSES HEALTH MADE CONTAINING CEREALS, COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO, HONEY AND GOLDEN SYRUP. HERBALIFE INTERNATIONAL, INC. (United States) App 707335 Reg 909941
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Number
Registration
Number
MX-42 Q5 HERBALIFE DISTRIBUTOR NUTRITION CLUB
Cross
References: HERBAL LIFE DISTRIBUTOR NUTRITION CLUB Mexico REGISTERED 41 SERVICIOS PARA
PROPORCIONAR EDUCACION A TRAVES DE INTERCAMBIO DE NOTICIAS E INFORMACION EN LOS CAMPOS DE LA SALUD, NUTRICION, DIETAS, MERCADOTECNIA MULTI- NIVEL Y DESARROLLO DE PEQUENAS EMPRESAS. Goods and Services Translation:
SERVICES FOR PROVIDING EDUCATION THROUGH INTERCHANGE NEWS AND INFORMATION IN THE FIELD OF HEALTH, NUTRITION, DIET, MULTI LEVEL MARKETING AND DEVELOPMENT OF SMALL ENTERPRISES.
HERBALIFE INTERNATIONAL, INC. (United States) App 686087 Reg 874841
MX-43 Q5 HERBALIFE NUTRITION CLUB
Cross
References: HERBAL LIFE NUTRITION CLUB Mexico REGISTERED 41 SERVICIOS PARA PROPORCIONAR
EDUCACION A TRAVES DE INTERCAMBIO DE NOTICIAS E INFORMACION EN LOS CAMPOS DE LA SALUD, NUTRICION, DIETAS, MERCADOTECNIA MULTI- NIVEL Y DESARROLLO DE PEQUENAS EMPRESAS. Goods and Services Translation:
SERVICES FOR PROVIDING EDUCATION THROUGH INTERCHANGE NEWS AND INFORMATION IN THE FIELD OF HEALTH, NUTRITION, DIET, MULTI LEVEL MARKETING AND DEVELOPMENT OF SMALL ENTERPRISES.
HERBALIFE INTERNATIONAL, INC. (United States) App 686088 Reg 874842
MX-44 Q5 NITEWORKS Cross References: NIGHT WORKS Mexico RENEWED (REGISTERED) 32 CERVEZAS; AGUAS
MINERALES Y GASEOSAS, Y OTRAS BEBIDAS NO ALCOHOLICAS; BEBIDAS DE FRUTAS Y JUGOS DE FRUTAS; JARABES Y OTRAS PREPARACIONES PARA HACER BEBIDAS, INCLUYENDO SUPLEMENTOS DIETETICOS, INCLUIDOS EN ESTA CLASE.
Goods and Services Translation:
BEERS; MINERAL WATER AND AERATED, AND OTHER NON ALCOHOLIC
BEVERAGES; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES, COMPRISING SUPPLEMENTS DIETARY, INCLUDED IN THIS CLASS. HERBALIFE INTERNATIONAL, INC. (United States of America) App 676756 Reg 853064
MX-45 Q5 NOURIFUSION Mexico RENEWED (REGISTERED) 3 PRODUCTOS PARA EL CUIDADO DE LA PIEL. A SABER. LOCIONES, CREMAS. GELS, MASCARILLAS, LECHES Y LIMPIADORES PARA USO EN LA CARA Y EL
CUERPO.
Goods and Services Translation:
SKIN CARE PRODUCTS. NAMELY. CREAMS,
LOTIONS. GEL, MASKS, MILKS AND WASHES FOR USE IN FACE AND BODY. HERBALIFE INTERNATIONAL, INC. (United States of America) App 676757 Reg 853065
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Number
Registration
Number
MX-46 Q5 NITEWORKS Cross References: NITE WORKS, NIGHT
WORKS Mexico REGISTERED 5 PREPARACIONES FARMACEUTICAS Y VETERINARIAS; SUSTANCIAS DIETETICAS, ALIMENTO PARA BEBES; YESO PARA USO MEDICO, MATERIAL PARA CURACIONES; MATERIAL PARA TAPAR DIENTES; CERA DENTAL; DESINFECTANTES; PREPARACIONES PARA LA
DESTRUCCION DE ANIMALES DANINOS;FUNGIC IDAS, HERBICIDAS, INCLUYENDO SUPLEMENTOS DIETETICOS, CON EXCLUSION DE TOALLAS SANITARIAS, O CATAMELINAS, TAMPONES PARA LA MENSTRUACION, PANOS HIGIENICOS PARA LA MENSTRUACION, COMPRESAS PARA LA MENSTRUACION,
APOSITOS, VENDAS, GASAS Y ALGODON.
Goods and Services Translation: PHARMACEUTICAL PREPARATIONS AND VETERINARY; DIETETIC SUBSTANCES, FOOD FOR BABIES; PLASTERS FOR
MEDICAL USE, EQUIPMENT FOR CURING; EQUIPMENT FOR CARPETS TEETH; HONEYCOMB DENTAL; DISINFECTANTS; VERMIN EXTERMINATING PREPARATIONS; FUNGIC GOINGS,WEEDKILLERS, INCLUDING SUPPLEMENTS DIETARY, EXCEPT TOWELS SANITARY, OR CATAMELINAS, MENSTRUATION PADS,
MENSTRUATION BANDAGES FOR MENSTRUATION, COMPRESSES FOR MENSTRUATION, DRESSINGS, SALES, GAUZES AND COTTON. HERBALIFE INTERNATIONAL, INC. (United States) App 676755 Reg 978912
MX-5 Q5 HERBALIFE NUTRICION PARA UNA VIDA MEJOR Mexico REGISTERED 5 ALIMENTOS Y SUBSTANCIAS DIETETICAS PARA USO MEDICO, COMPLEMENTOS ALIMENTICIOS PARA PERSONAS.
Goods and Services Translation:
FOODS AND DIETETIC SUBSTANCES ADAPTED FOR MEDICAL USE, FOOD
SUPPLEMENTS FOR HUMANS. HERBALIFE INTERNATIONAL, INC. (United States of America) App 88054 Reg 81872
MX-6 Q5 HERBALIFE NUTRICION PARA UNA VIDA MEJOR Mexico
REGISTERED 30 CAFE, TE, CACAO Y SUCEDANEOS DEL CAFE; ARROZ; TAPIOCA Y SAGU; HARINAS Y PREPARACIONES A BASE DE CEREALES; PAN, PRODUCTOS DE PASTELERIA Y CONFITERIA; HELADOS; AZUCAR, MIEL, JARABE DE MELAZA; LEVADURA, POLVOS DE HORNEAR; SAL; MOSTAZA;
BARRITAS DE CEREALES RICAS EN PROTEINAS.
Goods and Services Translation:
COFFEE, TEA, COCOA AND ARTIFICIAL COFFEE; RICE; TAPIOCA AND SAGO; FLOUR AND PREPARATIONS MADE FROM CEREALS; BREAD, PASTRY PRODUCTS AND CONFECTIONERY; ICE CREAMS;
SUGAR, HONEY, GOLDEN SYRUP; YEAST, BAKING POWDER; SALT; mustard; BARS THAN CEREALS RICH AT PROTEIN. HERBALIFE INTERNATIONAL, INC. (United States of America) App 88053 Reg 81871
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Registration
Number
MX-65 Q5 Design Only Mexico REGISTERED 41 EDUCACION;
CAPACITACION; ENTRETENIMIENTO; ACTIVIDADES DEPORTIVAS Y CULTURALES, INCLUYENDO PROGRAMAS DE EDUCACION Y ENTRENAMIENTO RELACIONADOS AL CONTROL DE PESO Y SALUD Y CONDICION FISICA HUMANA; PROGRAMAS DE EDUCACION Y ENTRENAMIENTO RELACIONADOS ALA ME
RCADOTECNIA MULTINIVEL Y DESARROLLO DE PEQUENOS NEGOCIOS.
Goods and Services Translation:
EDUCATION; QUALIFICATION; ENTERTAINMENT; SPORTING ACTIVITIES AND CULTURAL, COMPRISING PROGRAMMES OF EDUCATIONS AND RELATING COACHING TO CONTROL THAN WEIGHT AND HEALTH AND
CONDITIONS PHYSICS HUMAN; PROGRAMME OF EDUCATION AND RELATING COACHING WING ME ~RCADOTECNIA~ MULTINIVEL AND DEVELOPMENT OF SMALL BUSINESSES. HERBALIFE INTERNATIONAL, INC. (United States of America) App 640118 Reg 831947
MX-66 Q5 Design Only Mexico REGISTERED 42 SERVICIOS CIENTIFICOS Y TECNOLOGICOS, ASI COMO SERVICIOS DE INVESTIGACION Y DISENO RELACIONADOS CON ESTOS; SERVICIOS DE ANALISIS E
INVESTIGACION INDUSTRIAL; DISENO Y DESARROLLO DE EQUIPO Y PROGRAMAS DE COMPUTADORA O SOFTWARE; SERVICIOS LEGALES,INCLUYENDO SERVICIOS DE INTERNET
Y MANEJO
ELECTRONICO DE DATOS RELACIONADOS CON EL CONTROL DE PESO, SALUD Y CONDICION FISICA HUMANA, MERCADOTECNIA MULTINIVEL Y DESARROLLO DE PEQUENOS NEGOCIOS.
Goods and
Services Translation:
SCIENTIFIC SERVICES AND TECHNOLOGICAL, THIS WAY IN THE FORM OF INVESTIGATIVE SERVICES AND DESIGN RELATING THERETO; ANALYSIS SERVICES AND
INDUSTRIAL RESEARCH, DESIGN AND TEAM DEVELOPMENT AND COMPUTER PROGRAMMES OR SOFTWARE; LEGAL SERVICES, COMPRISING SERVICES FOR
INTERNET AND ELECTRONICAL OPERATION
THAN DATA RELATING TO CONTROL THAN WEIGHT, HEALTH AND CONDITIONS PHYSICS HUMAN, MARKETING MULTINIVEL, AND DEVELOPMENT OF SMALL BUSINESSES. HERBALIFE INTERNATIONAL, INC. (United States of America) App 640114 Reg 828762
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Number
Registration
Number
MX-67 Q5 Design Only Mexico REGISTERED 9 APARATOS E
INSTRUMENTOS CIENTIFICOS, NAUTICOS, TOPOGRAFICOS, FOTOGRAFICOS, CINEMATOGRAFICOS, OPTICOS, DE PESAR, DE MEDIR, DE SENALIZACION, DE CONTROL (INSPECCION), DE SOCORRO Y DE ENSENANZA; APARATOS E INSTRUMENTOS PARA CONDUCIR, INTERRUMPIR,TRANSFORMAR,
ACUMULAR, REGULAR O CONTROLAR LA ELECTRICIDAD; APARATOS PARA LA GRABACION, TRANSMISION O REPRODUCCION DE SONIDO O IMAGENES; SOPORTES DE REGISTRO MAGNETICOS, DISCOS PARA GRABAR; MAQUINAS EXPENDEDORAS AUTOMATICAS Y MECANISMOS PARAAPARATOS DE PREVIO
PAGO; CAJAS REGISTRADORAS, MAQUINAS CALCULADORAS, EQUIPO PARA EL PROCESAMIENTO DE INFORMACION Y COMPUTADORAS; APARATOS PARA EXTINGUIR EL FUEGO, INCLUYENDO CINTAS, DISCOS Y GRABACIONES DE AUDIO Y VIDEO Y DISCOS FONOGRAFICOS;TARJETAS DE IDENTIFICACION
PERSONAL Y CUENTAS DE NEGOCIOS.
Goods and Services Translation:
APPARATUS AND
SCIENTIFIC INSTRUMENTS, NAUTICAL, TOPOGRAPHICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, OPTICAL, WEIGHING, THAN METERING, THAN SIGNALING, CHECKING (SUPERVISION). THAN ASSISTANCE AND THAN TEACHING; APPARATUS AND INSTRUMENTS FOR DRIVES, PAUSE, TRANSFORMING,
ACCUMULATE, REGULATING OR CONTROLLING ELECTRICITY; APPARATUS FOR RECORDING, TRANSMISSION OR REPRODUCTION OF SOUND OR IMAGE; MAGNETIC HERBALIFE INTERNATIONAL, INC. (United States of America) App 640132 Reg 828764
MX-68 Q5 Design Only Mexico REGISTERED 35 PUBLICIDAD; DIRECCION DE NEGOCIOS; ADMINISTRACION DE NEGOCIOS; TRABAJOS DE OFICINA, INCLUYENDO SERVICIOS DE ASISTENCIA A TERCEROS CON
MERCADOTECNIA DIRECTA, PUBLICIDAD, LIDERAZGO, PROCESAMIENTO DE ORDNES Y PROCESAMIENTO DE PAGO.
Goods and Services Translation:
PUBLICITY; BUSINESS MANAGEMENT; BUSINESS ADMINISTRATIONS; OFFICE FUNCTIONS, COMPRISING SERVICES FOR ASSISTANCE TO THIRD PARTIES WITH DIRECT MARKETING, ADVERTISING, LEADERSHIP,
PROCESS THAN
~ORDNES~ AND PAYMENT PROCESSING. HERBALIFE INTERNATIONAL, INC. (United States of America) App 640120 Reg 828763
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MX-69 Q5 Design Only Mexico REGISTERED 31 PRODUCTOS
AGRICOLAS, HORTICOLAS Y FORESTALES; GRANOS NO COMPRENDIDOS EN OTRAS CLASES; ANIMALES VIVOS; FRUTAS Y VEGETALES FRESCOS; SEMILLAS, PLANTAS Y FLORES NATURALES; PRODUCTOS ALIMENTICIOS PARA ANIMALES; MALTA, INCLUYENDO
ALIMENTOS Y BOTANAS QUECONTIEN EN HIERBAS, PLANTAS MARINAS, FUNGOS, CORTEZA DE ARBOL, PLANTAS Y FLORES NATURALES, SEMILLAS, RAICES Y BULBOS.
Goods and Services Translation: AGRICULTURAL PRODUCTS, HORTICULTURAL AND FORESTRY; GRAINS NOT INCLUDED IN OTHER CLASSES; LIVING ANIMALS; FRUITS AND FRESH VEGETABLES; SEEDS, PLANTS
AND
NATURAL FLOWERS; ANIMAL FOODSTUFFS; MALT, FOODSTUFFS COMPRISING AND BOTANAS
~QUECONTIEN~ GREEN, PLANTS MARINE,
~FUNGOS~, BARK THAN TREE, PLANTS AND
NATURAL FLOWERS, SEEDS, ROOTS AND BULBS. HERBALIFE INTERNATIONAL, INC. (United States of America) App 640122 Reg 829223
MX-7 Q5 NUTRICION HERBALIFE Mexico
REGISTERED 5 ALIMENTOS Y SUBSTANCIAS DIETETICAS PARA USO MEDICO, COMPLEMENTOS ALIMENTICIOS PARA PERSONAS.
Goods and Services Translation:
FOODS AND DIETETIC SUBSTANCES ADAPTED FOR MEDICAL USE, FOOD SUPPLEMENTS FOR HUMANS. HERBALIFE INTERNATIONAL, INC. (United States of America) App 87992 Reg 81169
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MX-70 Q5 Design Only Mexico REGISTERED 3 PREPARACIONES
PARA BLANQUEAR Y OTRAS SUSTANCIAS PARA USO EN LA LAVANDERIA; PREPARACIONES ABRASIVAS Y PARA LIMPIAR, PULIR Y FREGAR; JABONES; PERFUMERIA, ACEITES ESENCIALES, LOCIONES PARA EL CABELLO; DENTIFRICOS, INCLUYENDO CHAMPUES, ACONDICIONADORES,SPRAY S PARA
EL ESTILIZADO DEL CABELLO, GELS Y POMADAS; CREMAS, LOCIONES, GELS, LECHES, MASCARILLAS, EXFOLIANTES, TONIFICADORES Y SPRAYS PARA LA CARA, LOCIONES, CREMAS, GELS Y LIMPIADORES PARA LAS MANOS; CREMAS, LOCIONES, LIMPIADORES, GELS,EXFOLIANTES Y SPRAYS
PARA EL CUERPO; ARTICULOS DE TOCADOR PARA RASURAR PARA HOMBRE; FRAGANCIAS; PANOS ABRASIVOS O
EXFOLIANTES; TRATAMIENTOS PARA EL CUERPO Y EL CABELLO; COSMETICOS;
ARTICULOS PARA EL CUIDADO DE LA PIEL.
Goods and Services Translation: BLEACHING PREPARATIONS AND OTHER SUBSTANCES FOR USE IN LAUNDRIES; ABRASIVE PREPARATIONS AND
FOR CLEANING, POLISHING AND WASHING; SOAPS; PERFUMERY, ESSENTIAL OILS, HAIR LOTIONS; DENTIFRICES, COMPRISING SHAMPOOS, CONDITIONERS, SPRAY S FOR STYLIZED OF HAIR, GEL AND POMADES; CREAMS, LOTIONS, GEL, MILKS, MASKS, SCRUBS, TONERS AND SPRAYS FOR
FACE, LOTIONS, CREAMS, GEL AND WASHES FOR HANDS; CREAMS, LOTIONS, CLEANERS, GEL, SCRUBS AND SPRAY FOR BODY; TOILET ARTICLES FOR SHAVE FOR MEN; HERBALIFE INTERNATIONAL, INC. (United States of America) App 640112 Reg 830161
MX-71 Q5 Design Only Mexico REGISTERED 18 CUERO E IMITACIONES DE CUERO, Y PRODUCTOS HECHOS DE ESTOS MATERIALES NO COMPRENDIDOS EN OTRAS CLASES; PIELES DE ANIMALES; BAULES Y
MALETAS; PARAGUAS, SOMBRILLAS Y BASTONES; LATIGOS, ARNESES Y TALABARTERIA, INCLUYENDO BOLSAS PARA COLGAR EN LAESPALDA, CART ERAS, BOLSAS DE VIAJE, BOLSAS TODAS HECHAS DE MATERIALES NATURALES O SINTETICOS.
Goods and Services Translation:
LEATHER AND IMITATIONS OF LEATHER AND GOODS MADE FROM THESE
MATERIALS NOT INCLUDED IN OTHER CLASSES; ANIMAL SKINS; TRUNKS AND VALISES; UMBRELLA, PARASOLS AND WALKING STICKS; WHIPS, HARNESSES AND
~TALABARTERIA~, COMPRISING
BAGS FOR HANGING WITHIN ~LAESPALDA~, CARTS ERAS, TRAVELLING BAGS, ALL BAGS MADE THAN NATURAL MATERIALS OR SYNTHETIC. HERBALIFE INTERNATIONAL, INC. (United States of America) App 640128 Reg 830748
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MX-72 Q5 Design Only Mexico REGISTERED 5 PREPARACIONES
FARMACEUTICAS Y VETERINARIAS; PREPARACIONES SANITARIAS PARA USO MEDICO; SUSTANCIAS DIETETICAS PARA USO MEDICO, ALIMENTO PARA BEBES; YESO PARA USO MEDICO, MATERIAL PARA CURACIONES (APOSITOS Y VENDAS); MATERIAL PARA TAPAR DIENTES; CERADENTAL;
DESINFECTANTES; PREPARACIONES PARA LA DESTRUCCION DE ANIMALES DANINOS; FUNGICIDAS, HERBICIDAS, INCLUYENDO ALIMENTOS Y SUPLEMENTOS NUTRICIONALES; SUPLEMENTOS VITAMINICOS Y MINERALES EN FORMA DE TABLETAS, POLVO O CAPSULA. Goods and Services
Translation: PHARMACEUTICAL PREPARATIONS AND
VETERINARY; SANITARY PREPARATIONS FOR USE MEDICAL; DIETARY PRODUCTS FOR MEDICAL PURPOSES, BABYFOOD; ; PLASTER FOR USE
MEDICAL; MATERIAL FOR CURING (DRESSINGS AND SALES); MATERIAL FOR CARPETS TOOTH;
~CERADENTAL~; DISINFECTANT; PREPARATIONS FOR DESTRUCTION OF ANIMALS HARMFUL;
FUNGICIDES, HERBICIDES, FOODS COMPRISING AND NUTRITIONAL SUPPLEMENTS; SUPPLEMENTS VITAMINIZED. AND MINERALS IN FORM OF PASTILLE, POWDER OR CAPSULES. HERBALIFE INTERNATIONAL, INC. (United States of America) App 640134 Reg 830749
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MX-73 Q5 Design Only Mexico REGISTERED 21 UTENSILIOS Y
RECIPIENTES PARA LA CASA O LA COCINA (QUE NO SEAN DE METALES PRECIOSOS, NI CHAPADOS); PEINES Y ESPONJAS; CEPILLOS O BROCHAS (CON EXCEPCION DE LOS PINCELES); MATERIALES PARA LA FABRICACION DE CEPILLOS O BROCHAS; ARTICULOS DE LIMPIEZA;ESTROPAJ OS DE
ACERO; VIDRIO EN BRUTO O SEMIELABORADO (CON EXCEPCION DEL VIDRIO USADO EN LA CONSTRUCCION); CRISTALERIA, PORCELANA Y LOZA NO COMPRENDIDAS EN OTRAS CLASES, INCLUYENDO PASTILLEROS, IMPLEMENTOS PARA MEZCLAR, CONTENEDORES PARA EMPOLVAR ODESMENUZAR ALIM
ENTOS, INSTRUMENTOS PARA AGITAR, TARROS, VASOS PARA BEBER Y CONTENEDORES DE BEBIDAS. Goods and Services Translation:
UTENSILS AND CONTAINERS FOR HOUSEHOLD USE AND
KITCHEN (NOT OF PRECIOUS METAL NOR COATED THEREWITH); COMBS AND SPONGES; BRUSHES AND BRUSHES (WITH EXCEPT OF BRUSHES); BRUSH-MAKING MATERIALS OR BRUSHES; GOODS CLEANING; ESTROPAJ YOU THAN STEEL;UNWORKED GLASS OR SEMIMANUFACTURED (WITH EXCEPT GLASS
EMPLOYED IN CONSTRUCTING); GLASSWARE, PORCELAIN AND EARTHENWARE NOT INCLUDED IN OTHER CLASSES, COMPRISING PILLBOXES, IMPLEMENTED FOR MIXING, CONTAINERS FOR POWDER OR FRITTER ALIM ENTITIES,INSTRUMENTS FOR STIR, JARS, DRINKING GLASSES AND CONTAINERS
THAN BEVERAGES. HERBALIFE INTERNATIONAL, INC. (United States) App 640127 Reg 1017480
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Number
MX-74 Q5 Design Only Mexico REGISTERED 16 PAPEL, CARTON Y
ARTICULOS DE ESTOS MATERIALES, NO COMPRENDIDOS EN OTRAS CLASES; PRODUCTOS DE IMPRENTA; MATERIAL DE ENCUADERNACION; FOTOGRAFIAS; PAPELERIA; ADHESIVOS (PEGAMENTOS) PARA LA PAPELERIA O LA CASA; MATERIAL PARA ARTISTAS; PINCELES; MAQUINASDE ES CRIBIR Y
ARTICULOS DE OFICINA (EXCEPTO MUEBLES); MATERIAL DE INSTRUCCION Y DE ENSENANZA (EXCEPTO APARATOS); MATERIALES PLASTICOS PARA EMBALAJE (NO COMPRENDIDAS EN OTRAS CLASES); CARACTERES DE IMPRENTA; CLICHES,
MATERIAL IMPRESO, INCLUYENDOCATALOGOS DE PR ODUCTOS, FOLLETOS Y VOLANTES INFORMATIVOS; LIBROS Y PUBLICACIONES ACERCA DE LA SALUD Y CONDICION FISICA HUMANA, CONTROL DE PESO,
SUPLEMENTOS Y COMIDAS DIETETICAS, OPORTUNIDADES DE NEGOCIOS, PLANES DE MERCADO Y LOGROS PERSONALES;INTRUMENTOS DE ESCRITURA, PAPELERIA.
Goods and Services
Translation:
PAPER, CARDBOARD AND ARTICLES MATERIALS, NOT INCLUDED IN OTHER CLASSES; PRINTED MATTER; MATERIALS FOR BOOKBINDING; PHOTOGRAPHS; STATIONERY; ADHESIVES
FOR STATIONERY (GLUES) OR HOUSEHOLD; MATERIALS FOR ARTISTS; BRUSHES; MACHINES FOR IS CRIBIR ANDOFFICE REQUISITES (EXCEPT FURNITURE); TEACHING MATERIALS AND INSTRUCTION SERVICES (EXCEPT APPARATUS); PLASTICS FOR PACKAGING (NOT INCLUDED IN HERBALIFE
INTERNATIONAL, INC. (United States) App 640129 Reg 827791
MX-76 Q5 Design Only Mexico REGISTERED 28 JUEGOS Y JUGUETES; ARTICULOS DE GIMNASIA Y DE DEPORTE NO
COMPRENDIDOS EN OTRAS CLASES; DECORACIONES PARA ARBOLES DE NAVIDAD, INCLUYENDO JUGUETES DE PELUCHE. Goods and Services Translation:
GAMES AND PLAYTHINGS; GYMNASTIC
APPARATUS AND SPORTING NOT INCLUDED IN OTHER CLASSES; DECORATIONS FOR CHRISTMAS TREES, INCLUDING PLAYTHINGS FLUFF. HERBALIFE INTERNATIONAL, INC. (United States) App 640125 Reg 855621
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MX-77 Q5 Design Only Mexico REGISTERED 32 CERVEZAS; AGUAS
MINERALES Y GASEOSAS, Y OTRAS BEBIDAS NO ALCOHOLICAS; BEBIDAS DE FRUTAS Y JUGOS DE FRUTAS; JARABES Y OTRAS PREPARACIONES PARA HACER BEBIDAS, INCLUYENDO BEBIDAS NO ALCOHOLICAS LISTAS PARA BEBER, CONCENTRADAS O EN FORMA DE POLVO, BEBIDAS.
Goods and Services Translation:
BEERS; MINERAL WATER AND AERATED, AND OTHER NON ALCOHOLIC
BEVERAGES; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES, INCLUDING NON ALCOHOLIC BEVERAGES LISTS FOR DRINKING, CONCENTRATED OR POWDER FORM, DRINKS. HERBALIFE INTERNATIONAL, INC. (United States) App 640121 Reg
825178
MX-78 Q5 Design Only Mexico REGISTERED 30 CAFE, TE, CACAO, AZUCAR, ARROZ, TAPIOCA, SAGU, SUSTITUTOS DEL CAFE; HARINA Y PREPARACIONES HECHAS DE CEREALES,
PAN, PASTELERIA Y CONFITERIA, HELADOS; MIEL, JARABE DE MELAZA; LEVADURA, POLVO PARA ESPONJAR; SAL, MOSTAZA; VINAGRE, SALSAS (CONDIMENTOS);ESPEC IAS; HIELO.
Goods
and Services Translation:
COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO, COFFEE SUBSTITUTES; FLOUR AND CEREAL PREPARATIONS, BREAD, PASTRIES AND CONFECTIONERY,
ICES; HONEY, GOLDEN SYRUP; YEAST, RAISING POWDER; SALT, MUSTARD;
VINEGAR, SAUCES (CONDIMENTS); ESPEC IAS; ICE. HERBALIFE INTERNATIONAL, INC. (United States) App
640123 Reg 827256
MX-79 Q5 Design Only Mexico REGISTERED 10 APARATOS E INSTRUMENTOS QUIRURGICOS, MEDICOS, DENTALES Y VETERINARIOS, MIEMBROS, OJOS Y DIENTES
ARTIFICIALES; ARTICULOS ORTOPEDICOS; MATERIAL DE SUTURA, INCLUYENDO DISPOSITIVOS ELECTRONICOS PARA PROPOSITOS DE VALORACION DE LA SALUD Y CONDICIONFISICA DE L OS HUMANOS.
Goods and Services Translation: APPARATUS AND SURGICAL INSTRUMENTS, MEDICAL, DENTAL AND VETERINARY, MEMBERS, EYES AND ARTIFICIAL TEETH; ORTHOPAEDIC ARTICLES; SUTURE MATERIALS,
INCLUDING ELECTRONIC DEVICES FOR PURPOSES VALUATION HEALTH AND CONDITION PHYSICS L YOU HUMAN. HERBALIFE INTERNATIONAL, INC. (United States) App 640131 Reg 827792
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MX-8 Q5 NUTRICION HERBALIFE Mexico REGISTERED 30 CAFE,
TE, CACAO Y SUCEDANEOS DEL CAFE; ARROZ; TAPIOCA Y SAGÚ; HARINAS Y PREPARACIONES A BASE DE CEREALES; PAN, PRODUCTOS DE PASTELERIA Y CONFITERIA; HELADOS; AZUCAR, MIEL, JARABE DE MELAZA; LEVADURA, POLVOS DE HORNEAR; SAL; MOSTAZA; BARRITAS DE
CEREALES RICAS EN PROTEINAS.
Goods and Services Translation:
COFFEE, TEA,
COCOA AND ARTIFICIAL COFFEE; RICE; TAPIOCA AND SAGO; FLOUR AND PREPARATIONS MADE FROM CEREALS; BREAD, PASTRY PRODUCTS AND CONFECTIONERY; ICE CREAMS; SUGAR, HONEY, GOLDEN SYRUP; YEAST, BAKING POWDER; SALT; mustard; BARS THAN CEREALS RICH AT PROTEIN.
HERBALIFE INTERNATIONAL, INC. (United States of America) App 87993 Reg 81391
MX-80 Q5 Design Only Mexico REGISTERED 8 HERRAMIENTAS MANUALES E IMPLEMENTOS (OPERADOS
MANUALMENTE); CUBERTERIA Y CUCHILLERIA; ARMAS BLANCAS; MAQUINAS DE AFEITAR O RASTRILLOS, INCLUYENDO KITS PARA EL CUIDADO PERSONAL, QUE INCLUYEN CORTAUNAS, LIMAS TIJERAS, PEINES, CEPILLOS, PINZAS.
Goods and Services Translation:
MANUAL TOOLS AND IMPLEMENTED (MANUALLY OPERATED); CUTLERY AND
CUTLERY; SIDE ARMS; ELECTRIC RAZORS OR RAKES, INCLUDING KITS FOR CARE PERSONAL, INCLUDE NAIL CLIPPER, FILES SCISSORS, COMBS, BRUSHES, PLIERS. HERBALIFE INTERNATIONAL, INC. (United States) App 640133 Reg 825010
MX-81 Q5 Design Only Mexico REGISTERED 25 VESTUARIO, CALZADO, SOMBRERERIA.
Goods and Services
Translation:
WARDROBE, FOOTWEAR, HEADGEAR FOR WEAR. HERBALIFE INTERNATIONAL, INC. (United States) App 640126 Reg 825179
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MX-82 Q5 Design Only Mexico REGISTERED 14 METALES PRECIOSOS Y SUS ALEACIONES, Y ARTICULOS DE METALES PRECIOSOS O CHAPADOS DE ESTOS MATERIALES, NO COMPRENDIDOS EN OTRAS CLASES;
JOYERIA, PIEDRAS PRECIOSAS; RELOJERIA E INSTRUMENTOS CRONOMETRICOS, INCLUYENDO PISA CORBATAS, PINS, PENDIENTES,TODOS A B ASE O DE METALES PRECIOSOS; RELOJES PARA VIAJE, MANCUERNAS; PINS, RELOJES E INSTRUMENTOS CRONOMETRICOS Y SENALADORES DE METALES
PRECIOSOS O CHAPADOS ENTRE OTROS.
Goods and Services Translation:
PRECIOUS
METALS AND THEIR ALLOYS, AND GOODS IN PRECIOUS METALS OR PLATED MATERIALS, NOT INCLUDED IN OTHER CLASSES; JEWELRY, PRECIOUS STONES; HOROLOGICAL INSTRUMENTS AND CHRONOMETRICAL INSTRUMENTS, INCLUDING TREAD TIES, PINS, EARRINGS, ALL B TOILETOR PRECIOUS
METALS; TRAVEL CLOCKS, MANCUERNAS; PINS, WATCHES AND CHRONOMETRICAL INSTRUMENTS AND INDICATORS PRECIOUS METALS OR PLATES AMONG OTHER. HERBALIFE INTERNATIONAL, INC. (United States) App 640130 Reg 851771
MX-83 Q5 SHAPEWORKS Cross References: SHAPE WORKS Mexico REGISTERED 30 CAFE, TE, CACAO, AZUCAR, ARROZ, TAPIOCA, SAGU, SUSTITUTOS DEL CAFE, HARINA Y PREPARACIONES HECHAS DE
CEREALES, PAN, PASTELERIA Y CONFITERIA, HELADOS; MIEL, JARABE DE MELAZA; LEVADURA, POLVO PARA ESPONJAR, SAL, MOSTAZA; VINAGRE, SALSAS (CONDIMENTOS);ESPEC IAS; HIELO.
Goods and Services Translation:
COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA,
SAGO, COFFEE SUBSTITUTES, FLOUR AND CEREAL PREPARATIONS, BREAD, PASTRIES AND CONFECTIONERY, ICES; HONEY, GOLDEN SYRUP; YEAST, RAISING POWDER, SALT, MUSTARD;
VINEGAR, SAUCES (CONDIMENTS); ESPEC IAS; ICE. HERBALIFE INTERNATIONAL, INC. (United States) App 639578 Reg 827230
MX-84 Q5 SHAPEWORKS Cross References: SHAPE WORKS Mexico REGISTERED 29 CARNE, PESCADO, AVES Y CAZA; EXTRACTOS DE CARNE; FRUTAS Y VEGETALES EN CONSERVA, SECAS Y COCIDAS; GELATINAS,
MERMELADAS; COMPOTAS; HUEVOS, LECHE Y PRODUCTOS LACTEOS; ACEITES Y GRASAS COMESTIBLES. Goods and Services Translation:
MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS;
FRUITS AND VEGETABLES PRESERVES, DRY AND COOKED; GELATINES, MARMALADE; COMPOTES; EGGS, MILK AND MILK PRODUCTS; OILS AND EDIBLE FATS. HERBALIFE INTERNATIONAL, INC. (United States) App 639580 Reg 827232
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MX-85 Q5 SHAPEWORKS Cross References: SHAPE WORKS Mexico
REGISTERED 5 PREPARACIONES FARMACEUTICAS Y VETERINARIAS; PREPARACIONES SANITARIAS PARA USO MEDICO; SUSTANCIAS DIETETICAS PARA USO MEDICO, ALIMENTO PARA BEBES; YESO PARA USO MEDICO, MATERIAL PARA CURACIONES (APOSITOS Y VENDAS); MATERIAL PARA TAPAR
DIENTES; CERADENTAL; DESINFECTANTES; PREPARACIONES PARA LA DESTRUCCION DE ANIMALES DANINOS; FUNGICIDAS, HERBICIDAS, INCLUYENDO SUPLEMENTOS DIETETICOS Y NUTRICIONALES. Goods and Services Translation: PHARMACEUTICAL PREPARATIONS AND VETERINARY;
SANITARY PREPARATIONS FOR MEDICAL USE; DIETETIC SUBSTANCES FOR
MEDICAL USE, FOOD FOR BABIES; PLASTERS FOR MEDICAL USE, EQUIPMENT FOR CURING (DRESSINGS AND SALES);
MATERIAL FOR CARPETS TEETH; HONEYCOMBDENTAL; DISINFECTANT; VERMIN EXTERMINATING PREPARATIONS; FUNGICIDES, HERBICIDES, INCLUDING SUPPLEMENTS DIETARY AND NUTRITIONAL. HERBALIFE INTERNATIONAL, INC. (United States) App 639581 Reg 827233
MX-86 Q5 SHAPEWORKS Cross References: SHAPE WORKS Mexico REGISTERED 44 SERVICIOS MEDICOS; SERVICIOS VETERINARIOS; CUIDADOS DE HIGIENE Y DE BELLEZA PARA PERSONAS Y ANIMALES;
SERVICIOS DE AGRICULTURA, HORTICULTURA Y SILVICULTURA, INCLUYENDO SERVICIOS DE PROGRAMAS PARA EL CONTROL DE PESO.
Goods and Services Translation:
MEDICAL ASSISTANCE; VETERINARY SERVICES; HYGIENE CARE AND BEAUTY FOR PEOPLE AND ANIMALS; SERVICES AGRICULTURE, HORTICULTURE AND FORESTRY, INCLUDING SERVICES FOR PROGRAMS FOR
CONTROL OF WEIGHT. HERBALIFE INTERNATIONAL, INC. (United States) App 639579 Reg 827231
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MX-87 Q5 SHAPEWORKS Cross References: SHAPE WORKS Mexico
REGISTERED 32 CERVEZAS; AGUAS MINERALES Y GASEOSAS, Y OTRAS BEBIDAS NO ALCOHOLICAS; BEBIDAS DE FRUTAS Y JUGOS DE FRUTAS; JARABES Y OTRAS PREPARACIONES PARA HACER BEBIDAS, BEBIDAS NO ALCOHOLICAS, INCLUYENDO, BEBIDAS LISTAS PARA BEBER PARA USO
NUTRICIONAL Y ENREGIMENES DIETETICOS, BEBIDAS EN FORMA DE POLVO Y MEZCLAS DE BEBIDAS PARA USO NUTRICIONAL Y EN REGIMENES DIETETICOS INCLUIDAS EN ESTA CLASE.
Goods
and Services Translation:
BEERS; MINERAL WATER AND AERATED, AND OTHER NON ALCOHOLIC BEVERAGES; FRUIT DRINKS AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR
MAKING BEVERAGES, NON ALCOHOLIC BEVERAGES, INCLUDING, DRINKS LISTS FOR DRINKING FOR USE NUTRITIONAL AND IN DIETDIETARY, DRINKS IN FORM OF POWDER AND MIXES DRINKS FOR USE NUTRITIONAL AND IN DIET DIETARY INCLUDED IN THIS CLASS. HERBALIFE
INTERNATIONAL, INC. (United States) App 639577 Reg 827229
MX-89 Q5 Design Only Mexico REGISTERED 32 CERVEZAS; AGUAS MINERALES Y GASEOSAS, Y OTRAS BEBIDAS NO
ALCOHOLICAS; BEBIDAS DE FRUTAS Y JUGOS DE FRUTAS; JARABES Y OTRAS PREPARACIONES PARA HACER BEBIDAS.
Goods and Services Translation:
Beers; mineral water and aerated and other non alcoholic beverages; fruit drinks and fruit juices; syrups and other preparations for making beverages. HERBALIFE INTERNATIONAL, INC.
(United States of America) App 590201 Reg 795544
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MX-9 Q5 NUTRICION HERBALIFE Mexico REGISTERED 35
SERVICIOS DE PUBLICIDAD EN EL CAMPO DE LOS ALIMENTOS, ALIMENTOS Y SUBSTANCIAS DIETETICAS PARA USO MEDICO, COMPLEMENTOS ALIMENTICIOS PARA PERSONAS, CAFE, TE,
CACAO
Y SUCEDANEOS DEL CAFE, ARROZ, TAPIOCA Y SAGU, HARINAS Y PREPARACIONES A BASE DE CEREALES, PAN, PRODUCTOS DE PASTELERIA Y CONFITERIA, HELADOS, AZUCAR, MIEL, JARABE DE MELAZA, LEVADURA, POLVOS DE HORNEAR, SAL, MOSTAZA, BARRITAS DE CEREALES RICAS EN
PROTEINAS, BEBIDAS SIN ALCOHOL, BEBIDAS A BASE DE FRUTAS Y ZUMOS DE FRUTAS, SIROPES Y OTRAS PREPARACIONES PARA ELABORAR BEBIDAS.
Goods and Services Translation:
ADVERTISING SERVICES IN THE FIELD OF FOODSTUFFS, FOODSTUFFS AND DIETETIC SUBSTANCES ADAPTED FOR MEDICAL USE, FOOD SUPPLEMENTS FOR HUMANS, COFFEE, TEA, COCOA AND COFFEE SUBSTITUTES, RICE, TAPIOCA AND SAGO, FLOUR AND PREPARATIONS CONTAINING CEREALS,
BREAD, PASTRY PRODUCTS AND CONFECTIONERY, ICES, SUGAR, HONEY, TREACLE, YEAST, BAKING POWDER,
SALT, MUSTARD, BARS THAN CEREALS RICH AT PROTEIN, SMOOTHIES, BEVERAGES
WITH FRUITS AND FRUIT JUICES, SYRUPS AND OTHER PREPARATIONS FOR PROCESSING BEVERAGES. HERBALIFE INTERNATIONAL, INC. (United States of America) App 87995 Reg 81393
MX-90 Q5 Design Only Mexico REGISTERED 30 CAFE, TE, CACAO, AZUCAR, ARROZ, TAPIOCA, SAGU, SUSTITUTOS DEL CAFE; HARINA Y PREPARACIONES HECHAS DE CEREALES, PAN,
PASTELERIA Y CONFITERIA, HELADOS; MIEL, JARABE DE MELAZA; LEVADURA, POLVO PARA ESPONJAR; SAL, MOSTAZA; VINAGRE, SALSAS (CONDIMENTOS);ESPEC IAS; HIELO.
Goods and
Services Translation:
COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO COFFEE SUBSTITUTES; FLOUR AND PREPARATIONS MADE FROM CEREALS, BREAD, PASTRY AND CONFECTIONERY,
ICE CREAMS; HONEY, TREACLE; YEAST, BAKING-POWDER; SALT, MUSTARD; VINEGAR, SAUCES (CONDIMENTS);~ESPEC~ I; ICE. HERBALIFE INTERNATIONAL, INC. (United States of America) App 590202 Reg 791134
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
MX-91 Q5 Design Only Mexico REGISTERED 5 PREPARACIONES
FARMACEUTICAS Y VETERINARIAS; PREPARACIONES SANITARIAS PARA USO MEDICO; SUSTANCIAS DIETETICAS PARA USO MEDICO, ALIMENTO PARA BEBES; YESO PARA USO MEDICO, MATERIAL PARA CURACIONES (APOSITOS Y VENDAS); MATERIAL PARA TAPAR DIENTES; CERADENTAL;
DESINFECTANTES; PREPARACIONES PARA LA DESTRUCCION DE ANIMALES DANINOS; FUNGICIDAS, HERBICIDAS.
Goods and Services Translation: PHARMACEUTICAL PREPARATIONS AND
VETERINARY; SANITARY PREPARATIONS FOR USE MEDICAL; DIETARY PRODUCTS FOR MEDICAL PURPOSES, BABYFOOD; ; PLASTER FOR USE MEDICAL; MATERIAL FOR CURING (DRESSINGS AND SALES); MATERIAL FOR CARPETS TOOTH;
~CERADENTAL~; DISINFECTANT; PREPARATIONS FOR DESTRUCTION OF ANIMALS HARMFUL; FUNGICIDES, HERBICIDES. HERBALIFE INTERNATIONAL, INC. (United States of America) App 590204 Reg 793479
MX-92 Q5 Design Only Mexico REGISTERED 29 CARNE, PESCADO, AVES Y CAZA; EXTRACTOS DE CARNE; FRUTAS Y VEGETALES EN CONSERVA, SECAS Y COCIDAS; GELATINAS, MERMELADAS,
COMPOTAS; HUEVOS, LECHE Y PRODUCTOS LACTEOS; ACEITES Y GRASAS COMESTIBLES. Goods and Services Translation:
MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; FRUITS AND
VEGETABLES PRESERVES, DRY AND COOKED; JELLIES, JAMS, FRUIT SAUCES; EGGS, MILK AND MILK PRODUCTS; OILS AND EDIBLE FATS. HERBALIFE INTERNATIONAL, INC. (United States of America) App 590203 Reg 792430
MX-93 Q5 TRIPLE BERRY COMPLEX Mexico REGISTERED 5 SUPLEMENTOS ALIMENTICIOS Y DIETETICOS.
Goods
and Services Translation:
FOOD SUPPLEMENTS AND DIETARY. HERBALIFE INTERNATIONAL, INC. (United States) App 590208 Reg 821902
MX-94 Q5 DINOSHAKE Mexico REGISTERED 5 SUPLEMENTOS DIETETICOS Y ALIMENTICIOS EN FORMA DE POLVO.
Goods and Services Translation:
DIETETIC SUPPLEMENTS AND FOOD IN THE FORM OF
POWDERS. HERBALIFE INTERNATIONAL, INC. (United States) App 536031 Reg 742097
MX-21 Q5 SUPRESSA Mexico REGISTERED 5 UN SUPLEMENTO ALIMENTICIO EN FORMA LIQUIDA
COMPUESTO DE HIERBAS Y VINAGRES. Goods and Services Translation:
A SUPPLEMENT FOOD IN FORM LIQUID COMPOUND THAN HERBS AND VINEGARS. HERBALIFE INTERNATIONAL, INC.
(United States) App 1019829 Reg 1113748
Page89
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
MN-2 Q5 Design Only Mongolia REGISTRATION (REGISTERED) 3
5 29 30 32 35
HERBALIFE INTERNATIONAL (United States of America) App 9861 Reg 9012
MA-1 Q5 HERBALIFE Morocco APPLICATION (PENDING) 5 29 30 05 AGENTS NUTRITIONNELS ET DIETETIQUES, LE TOUT A BASE DES VITAMINES, MINERAUX, HERBES, FIBRES ET PROTEINE SOUS FORME DE
COMPRIME, LIQUIDE, CAPSULES OU POUDRE.
29 TABLETTE ALIMENTAIRE DE PROTEINE.
30 TISANES A USAGE NON MEDICAL.
Goods and Services Computerised Translation:
05 NUTRITIONAL AGENTS AND DIETETIC, THE ALL CONTAINING VITAMINS, MINERALS, HERBS,
FIBRES AND PROTEIN IN FORM OF COMPRESSED, LIQUID, CAPSULES OR POWDER.
29 SHELF FOOD OF
PROTEIN.
30 HERB TEA FOR USE NON MEDICAL. HERBALIFE INTERNATIONAL INC. (United States of America) App 16578
MA-10 Q5 HERBALIFE Morocco REGISTRATION (REGISTERED) 3 5 03 preparations pour blanchir et autres substances pour lessiver; preparations pour nettoyer, polir, degraisser et abraser;
savons; parfumerie, huiles essentielles, cosmetiques, lotions pour les cheveux; dentifrices.
05 produits pharmaceutiques, veterinaires et hygieniques, produits
dietetiques pour enfants et malades, emplatres, materiel pour pansements; matieres pour plomber les dents et pour empreintes dentaires; desinfectants; preparations pour detruire les mauvaises
Goods and Services Computerised Translation:
03 preparations for bleaching and other
substances for washing; preparations for cleaning, polishing, degreasing and abrading; soap; perfumery, essential oils, cosmetic, hair lotions; dentifrices
05
pharmaceutical preparations, veterinary and hygienic, dietetic products for children and patients, plasters, material for dressings; material for stopping teeth, dental wax; disinfectants; preparation for destroying the bad HERBALIFE INTERNATIONAL
INC. (United States of America) App 8892 Reg 8892
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
MA-2 Q5 Design Only Morocco APPLICATION (PENDING) 5 29 30
05 AGENTS NUTRITIONNELS ET DIETETIQUES, LE TOUT A BASE DES VITAMINES, MINERAUX, HERBES, FIBRES ET PROTEINE SOUS FORME DE COMPRIME, LIQUIDE, CAPSULES OU POUDRE.
29
TABLETTE ALIMENTAIRE DE PROTEINE.
30 TISANES A USAGE NON MEDICAL.
Goods and
Services Computerised Translation:
05 NUTRITIONAL AGENTS AND DIETETIC, THE ALL CONTAINING VITAMINS, MINERALS, HERBS,
FIBRES AND PROTEIN IN FORM OF COMPRESSED, LIQUID, CAPSULES OR POWDER.
29 SHELF FOOD OF
PROTEIN.
30 HERB TEA FOR USE NON MEDICAL. HERBALIFE INTERNATIONAL INC. (United States of America) App 16580
MA-3 Q5 Design Only Morocco APPLICATION (PENDING) 5 29 30 05 AGENTS NUTRITIONNELS ET DIETETIQUES, LE TOUT A BASE DES VITAMINES, MINERAUX, HERBES, FIBRES ET PROTEINE SOUS FORME DE
COMPRIME, LIQUIDE, CAPSULES OU POUDRE.
29 TABLETTE ALIMENTAIRE DE PROTEINE.
30 TISANES A USAGE NON MEDICAL.
Goods and Services Computerised Translation:
05 NUTRITIONAL AGENTS AND DIETETIC, THE ALL CONTAINING VITAMINS, MINERALS, HERBS,
FIBRES AND PROTEIN IN FORM OF COMPRESSED, LIQUID, CAPSULES OR POWDER.
29 SHELF FOOD OF
PROTEIN.
30 HERB TEA FOR USE NON MEDICAL. HERBALIFE INTERNATIONAL INC. (United States of America) App 16579
MA-8 Q5 THERMOJETICS Morocco APPLICATION (PENDING) 3 5 03 PRODUITS COSMETIQUES ET CREMES POUR LE CORPS
05 SUPPLEMENTS NUTRITIONNELS COMPOSES DHERBES, TOUS SOUS FORME DE PASTILLE OU DE LIQUIDE.
Goods and Services Computerised Translation:
03 COSMETIC PRODUCTS AND BODY
CREAMS
05 SUPPLEMENT NUTRITIONAL COMPOSED OF HERBS, ALL IN FORM OF PASTILLE OR LIQUIDS. HERBALIFE INTERNATIONAL INC. (United States of America) App 54140
MA-9 Q5 THERMOJETICS Morocco APPLICATION (PENDING) 3 5 03 PRODUITS COSMETIQUES ET CREMES POUR LE CORPS
05 SUPPLEMENTS NUTRITIONNELS COMPOSES DHERBES, TOUS SOUS FORME DE PASTILLE OU DE LIQUIDE.
Goods and Services Computerised Translation:
03 COSMETIC PRODUCTS AND BODY
CREAMS
05 SUPPLEMENT NUTRITIONAL COMPOSED OF HERBS, ALL IN FORM OF PASTILLE OR LIQUIDS. HERBALIFE INTERNATIONAL INC. (United States of America) App 54141
NA-16 Q5 SHAPEWORKS Namibia APPLICATION (PENDING) 5 05 Nutritional, food and dietary supplements of all kinds and descriptions, vitamins, minerals, vitamin
supplements, mineral supplements HERBALIFE INTERNATIONAL (United States of America) App 2004/0502
NA-17 Q5 SHAPEWORKS Namibia APPLICATION (PENDING) 29 29 Meals,
snacks and beverages prepared from goods included in the class including but not limited tosoups, meal replacements, powder preparations, food andbeverage mixes; preparations for making beverages and shakes HERBALIFE INTERNATIONAL (United States of
America) App 2004/0503
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
NA-18 Q5 SHAPEWORKS Namibia APPLICATION (PENDING) 30 30
Staple foods; tea and beverages; powder preparations; preparations and mixes for making beverages and foodstuffs included in the class; dietary supplements, preparations and additives, prepared foodstuffs, meals and confectionery included in the
class HERBALIFE INTERNATIONAL (United States of America) App 2004/0504
NA-19 Q5 SHAPEWORKS Namibia APPLICATION (PENDING) 32 32 Non-alcoholic drinks, beverages,
syrups and juices; fruit drinks and fruit juices; mineral and aerated waters; supplement enriched beverages; ready to drinkbeverages; syrups, powders and other preparations for making beverages HERBALIFE INTERNATIONAL (United States of America) App
2004/0505
NA-20 Q5 SHAPEWORKS Namibia APPLICATION (PENDING) 42 42 Healthcare, health therapy and hygienic services including but not limited to a weight management
program; consultancy and information services in relation to all of the aforegoing HERBALIFE INTERNATIONAL (United States of America) App 2004/0506
NA-23 Q5
DERMAJETICS Namibia APPLICATION (PENDING) 3 03 Skin care products, namely, cleansers, moisturizers, toners, astringents, facial masks, facial creams, eye creams, body creams, body lotion, bath oils, bath gels and all other goods in this class
HERBALIFE INTERNATIONAL (United States of America) App 1998/1605
NA-27 Q5 THERMOJETICS Namibia APPLICATION (PENDING) 3 03 Cosmetics and body creams HERBALIFE
INTERNATIONAL (United States of America) App 1998/1613
NZ-1 Q5 HERBALIFE24 New ZealandThe database contains data of the official New Zealand register of
trademarks © New Zealand Crown Copyright. REGISTRATION (REGISTERED) Status According to PTO: REGISTERED 5 29 32 05 Dietary and nutritional supplements; food supplements; dietary and nutritional supplements for sports and athletics;
nutritionally fortified beverages; food supplements containing proteins, minerals and vitamins
29 Food preparations, in powdered form, with added proteins,
carbohydrates, vitamins and minerals
32 Preparations for making non-alcoholic drinks; drinks for sports and athletics training; sports drinks containing proteins,
minerals and vitamins HERBALIFE INTERNATIONAL, INC. (United States of America) App 1001353 Reg 1001353
NZ-2 Q5 24 New ZealandThe database contains data of
the official New Zealand register of trademarks © New Zealand Crown Copyright. REGISTRATION (REGISTERED) Status According to PTO: REGISTERED 5 29 32 05 Dietary and nutritional supplements; food supplements; dietary and nutritional supplements
for sports and athletics; nutritionally fortified beverages; food supplements containing proteins, minerals and vitamins
29 Food preparations, in powdered form,
with added proteins, carbohydrates, vitamins and minerals
32 Preparations for making non-alcoholic drinks; drinks for sports and athletics training; sports drinks
containing proteins, minerals and vitamins HERBALIFE INTERNATIONAL, INC. (United States of America) App 1001354 Reg 1001354
NZ-4 Q5 HERBALIFE SKIN New
ZealandThe database contains data of the official New Zealand register of trademarks © New Zealand Crown Copyright. APPLICATION (PENDING) Status According to
PTO: ACCEPTED 3 03 Non-medicated skin care preparations, namely, facial creams, eye creams, facial cleansers, scrubs, cleansing creams, lotions and oils, body lotion, moisturizers
and toners, gels, washes, and masks for use on the face and body, shaving creams; non- medicated sun care preparations. Herbalife International, Inc. (Andorra) App 984797
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
NI-1 Q5 HERBALIFE SKIN Nicaragua APPLICATION (PENDING) 3
[CLASS 3]: PREPARACIONES NO MEDICADAS PARA EL CUIDADO DE LA PIEL, ESPECIALMENTE, CREMAS FACIALES, CREMAS PARA LOS OJOS, LIMPIADORES FACIALES, DESMAQUILLADORES, EXFOLIANTES, CREMAS LIMPIADORAS, LOCIONES Y ACEITES, LOCIONES PARA EL CUERPO, LOCIONES
HIDRATANTES Y TONIF.
Goods and Services Computerised Translation: [CLASS 3]: PREPARATIONS NOT MEDICAL FOR CARE OF THE SKIN, SPECIALLY, FACIAL CREAM, EYE CREAM,
FACIAL CLEANSERS, CLEANSERS, SCRUBS, CLEANSING CREAMS, LOTIONS AND OILS, BODY LOTION, MOISTURIZING LOTIONS AND
~TONIF~. HERBALIFE INTERNATIONAL INC. (United States
of America) App 2014-
00003303
NI-2 Q5 HERBALIFE Nicaragua APPLICATION
(PENDING) 5 [CLASS 5]: SUPLEMENTOS DIETÉTICOS Y MEDICAMENTOS COMPUESTOS PRINCIPALMENTE DE VITAMINAS Y MINERALES.
Goods and Services Computerised
Translation: [CLASS 5]: DIETETIC SUPPLEMENTS AND COMPRISING MEDICAMENTS MAINLY THAN VITAMINS AND MINERALS. HERBALIFE INTERNATIONAL INC. (United States of America) App 2014-
00002471
NI-33 Q5 Design Only Nicaragua REGISTRATION (REGISTERED) 5 05 SUPLEMENTOS DIETETICOS
Y NUTRICIONAL CONSISTENTES EN VITAMINAS MINERALES, HIERBAS, FIBRA Y PROTEINAS, TODAS EN TABLETAS, LIQUIDO CAPSULAS O EN FORMA DE POLVO.
[CLASS 5]: SUPLEMENTOS
DIETETICOS Y NUTRICIONAL CONSISTENTES EN VITAMINAS MINERALES, HIERBAS, FIBRA Y PROTEINAS, TODAS EN TABLETAS, LIQUIDO CAPSULAS O EN FORMA DE POLVO.
Goods and
Services Computerised Translation:
05 DIETETIC SUPPLEMENTS AND NUTRITIONAL CONSISTING OF ORES VITAMINS, HERBS, FIBRE AND PROTEINS, ALL AT TABLETS, LIQUID CAPSULE
OR IN FORM FOR DUST.
[CLASS 5]: DIETETIC SUPPLEMENTS AND NUTRITIONAL CONSISTING OF MINERALS VITAMINS, HERBS, FIBRE AND PROTEINS, ALL WITHIN TABLETS, LIQUID CAPSULE
OR IN FORM FOR DUST. HERBALIFE INTERNATIONAL INC (United States of America) App 2000-
00003400 Reg 57328
NI-4 Q5 HERBALIFE Nicaragua REGISTRATION (REGISTERED) 5 [CLASS 5]: VITAMINAS Y MINERALES EN TABLETA O CAPSULA.
Goods and Services Computerised Translation: [CLASS 5]: VITAMINS AND MINERALS WITHIN PASTILLE OR CAPSULES. HERBALIFE INTERNATIONAL (United States of America) App 2012-
00002765 Reg 2013098670
NI-5 Q5 HERBALIFE CELL ACTIVATOR Nicaragua REGISTRATION (REGISTERED) 5
[CLASS 5]: PREPARACIONES FARMACEUTICAS COMPUESTAS PRINCIPALMENTE DE ACIDOS GRASO Y DE INGREDIENTES BOTÁNICOS . Goods and Services Computerised Translation: [CLASS 5]: PHARMACEUTICAL PREPARATIONS COMPRISED MAINLY THAN FATTY ACIDS
AND THAN INGREDIENTS BOTANICAL . HERBALIFE INTERNATIONAL (United States of America) App 2012-
00000592 Reg 2013098573
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
NI-6 Q5 HERBALIFE XTRA-CAL ADVANCED Nicaragua
REGISTRATION (REGISTERED) 5 [CLASS 5]: PREPARACIONES FARMACEUTICAS COMPUESTAS PRINCIPALMENTE DE VITAMINA D Y CALCIO .
Goods and Services Computerised
Translation: [CLASS 5]: PHARMACEUTICAL PREPARATIONS COMPRISED MAINLY THAN VITAMIN D AND CALCIUM . HERBALIFE INTERNATIONAL (United States of America) App 2012-
00000593 Reg 2013098574
NI-7 Q5 RADIANT C Nicaragua APPLICATION (PENDING) 3 CREMAS, LOCIONES,
LECHES, MASCARAS Y GELES PARA EL CUERPO Y LA CARA CLASE 3
INTERNACIONAL. [CLASS 3]: CREMAS.
Goods and Services Computerised Translation: CREAMS, LOTIONS, MILKS, MASCARA. AND GELS FOR BODY AND FACE CLASSES 3 WORLDWIDE. [CLASS 3]: CREAMS. HERBALIFE INTERNATIONAL INC (United
States of America) App 2011-
00002175
NI-10 Q5 Design Only Nicaragua
APPLICATION (PENDING) 3 5 21 28 30 32
35 38 41 03 CREMAS, LOCIONES, LECHES, MASCARAS Y GELES PARA EL CUERPO Y LA CARA; ATOMIZADOR/SPRAY PARA EL CABELLO, CHAMPUS,
ACONDICIONADORES Y PRODUCTOS PARA ESTILIZAR EL CABELLO.
05 SUPLEMENTOS ALIMENTICIOS Y NUTRITIVOS EN TABLETAS, CAPSULAS O EN POLVO; VITAMINAS.
21 CONTENEDORES PLASTICOS PARA TABLETAS, POLVOS Y CAPSULAS; RECIPIENTES PLASTICOS EN LOS CUALES PUEDEN SER MEZCLADAS BEBIDAS.
28 PELUCHES, OSOS DE PELUCHES.
30 BOCADILLOS INCLUYENDO BARRAS, PRODUCTOS DE SOYA ASADOS, Y
MEZCLAS DE ESTAS; SOPAS EN POLVO; TE DE HIERBAS.
32 BEBIDAS SIN ALCOHOL Y PREPARADOS PARA HACER BEBIDAS SIN ALCOHOL, MEZCLAS EN POLVO PARA BEBIDA CON PROTEINAS.
35 SERVICIOS DE INFORMACION SOBRE OPERACION DE PEQUEÑOS NEGOCIOS Y MERCADEO MULTINIVEL; SERVICIOS DE INFORMACION SOBRE NUTRICION HUMANA Y MANEJO DE
PESO.
38 PAGINAS WEB DEL INTERNET PARA USO DEL CONSUMIDOR.
41 SERVICIOS DE
INFORMACION SOBRE NUTRICION HUMANA Y MANEJO DE PESO. [CLASS 21]: CONTENEDORES PLASTICOS PARA TABLETAS, POLVOS Y CAPSULAS; RECIPIENTES PLASTICOS EN LOS CUALES PUEDEN SER MEZCLADAS BEBIDAS. HERBALIFE INTERNATIONAL INC (United States of America) App
2006-
00004380
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
NI-21 Q5 RADIANT C Nicaragua APPLICATION (PENDING) 3 03
CREMAS, LOCIONES, LECHES, MASCARAS Y GELES PARA EL CUERPO Y LA CARA.
[CLASS 3]: CREMAS, LOCIONES, LECHES, MASCARAS Y GELES PARA EL CUERPO Y LA CARA. Goods and
Services Computerised Translation:
03 CREAMS, LOTIONS, MILKS, MASCARA. AND GELS FOR BODY AND FACE.
[CLASS 3]: CREAMS, LOTIONS, MILKS, MASCARA. AND GELS FOR BODY AND FACE. HERBALIFE INTERNATIONAL INC (United States of America) App 2006-
00004391
NI-19 Q5 SKIN ACTIVATOR Nicaragua REGISTRATION (REGISTERED) 3 03 CREMAS, LOCIONES,
LECHES, MASCARAS Y GELES PARA EL CUERPO Y LA CARA.
[CLASS 3]: CREMAS, LOCIONES, LECHES, MASCARAS Y GELES PARA EL CUERPO Y LA CARA. Goods and Services Computerised
Translation:
03 CREAMS, LOTIONS, MILKS, MASCARA. AND GELS FOR BODY AND FACE.
[CLASS 3]: CREAMS, LOTIONS, MILKS, MASCARA. AND GELS FOR BODY AND FACE. HERBALIFE INTERNATIONAL INC (United States of America) App 2006-
00004392 Reg 0901968
NO-1 Q5 LEVEL 10 Norway UNPUBLISHED APPLICATION (PENDING) 9 25 41 Goods
and Services Computerised Translation:
09 Record and publishing to electronic form delivery online from databases, from internet (including web pages), from intra
network or from ex fats a related to health, training (~fitness~) and nutrition.
25 Clothes, shoes, hats.
41 Sporting and cultural activities; education services; production and accomplishment by training classes and applications; training instruction services; arrangement by
competitions for health, training (~fitness~) and nutritional purposes; arrangement by presentation related to health, training (~fitness~) and nutrition; coaching and intended or services related to health, training (~fitness~) and nutrition;
personal trainer services related to health, training (~fitness~) and nutrition; accomplishment by seminars, classes and Herbalife International, Inc. (United States of America) App 201502611
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
NO-3 Q5 QUICKSPARK Norway REGISTRATION (REGISTERED) 5 05
Kosttilskudd inneholdende koenzym NADH.
Goods and Services Computerised Translation:
05 Food supplements containing cow enzymes
~NADH~. Herbalife International Inc
(United States of America) App 201008688 Reg 259830
NO-4 Q5 MINDFIT Norway REGISTRATION
(REGISTERED) 5 30 Goods and Services Computerised Translation:
05 Food supplements; food supplements in the form of an matter, as including ingredients as
vegetables and vinegar; food supplements compound by vegetables and vinegar.
30 Liquid foodstuffs compound by vegetables and vinegar. Herbalife International Inc
(United States of America) App 201003335 Reg 256474
PK-1 Q5 HERBALIFE
Pakistan APPLICATION (PENDING) 44 44 Weight management regimen program featuring structured weight loss, weight management, diet, wellness planning and maintenance through the use of diet, nutrition and exercise for lifestyle changes; providing
information about weight loss and weight management. HERBALIFE INTERNATIONAL (United States of America) App 278679
PK-7 Q5 Design Only Pakistan APPLICATION
(PENDING) 30 30 Teas; beverages; powdered and liquid preparations for making beverages; herba; food beverages HERBALIFE INTERNATIONAL (United States of America) App 212232
PA-1 Q5 HERBALIFE SKIN Panama APPLICATION (PENDING) 3 03 PREPARACIONES PARA EL CUIDADO DE LA
PIEL QUE NO SON MEDICADAS, A SABER, CREMAS FACIALES, CREMAS PARA OJOS, LIMPIADORES FACIALES, EXFOLIADORES, CREMAS PARA LA LIMPIEZA, LOCIONES Y ACEITES, LOCIONES
PARA EL CUERPO, HUMECTANTES Y TONIFICADORES, GELES, LAVADOS Y MASCARILLAS PARA SU USO EN LA CARA Y CUERPO, CREMAS PARA AFEITAR; PREPARACIONES PARA EL CUIDADO BAJO EL SOL NO MEDICADOS.
Goods and Services Computerised Translation:
03 SKIN CARE PREPARATIONS THAT NOT BEING MEDICAL,
NAMELY, FACIAL CREAM, CREAM FOR EYES, FACIAL CLEANSERS, ~EXFOLIADORES~, CREAMS FOR CLEANING, LOTIONS AND OILS, BODY LOTION, MOISTENING AGENTS AND TONERS, GELS, WASHING AND MASKS FOR ITS USE IN FACE AND BODY, SHAVING CREAMS; PREPARATIONS FOR UNDER
CARE SUN NOT MEDICAL. HERBALIFE INTERNATIONAL, INC. (United States of America) App 235154
PA-27 Q5 Design Only Panama REGISTRATION (REGISTERED) 29 29 ALIMENTOS
DIETETICOS HECHOS CON FIBRA, SOYA Y PROTEINA.
Goods and Services Computerised Translation:
29 FOODS DIETARY MADE WITH FIBER, ~SOYA~. AND PROTEIN. HERBALIFE INTERNATIONAL, INC. (United States of America) App 120657 Reg 120657
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
PA-28 Q5 Design Only Panama REGISTRATION (REGISTERED) 32
32 BEBIDAS DE SABILA (ALOE VERA); PROTEINA EN POLVO PARA HACER BEBIDAS
Goods and Services Computerised Translation:
32 BEVERAGES THAN ~SABILA~ (ALOE BORDER); PROTEIN POWDERED FOR MAKING BEVERAGES HERBALIFE INTERNATIONAL, INC. (United States of America) App 120659 Reg 120659
PA-39 Q5 APR Panama REGISTRATION (REGISTERED) 5 05 PREPARACIONES FARMACEUTICAS; VITAMINAS; MINERALES MEDICINALES, ELEMENTOS ALIMENTICIOS, PROTEINAS, EXTRACTOS Y HIERBAS PARA
APOSITOS MEDICINALES; COMPLEJOS DIETETICOS; COSMETICOS, ACEITES ESENCIALES, LOCIONES PARA EL CABELLO Y DENTIFRICOS PARA USO MEDICINAL; MEDICINAS Y SUPLEMENTOS ACONDICIONADORES EN TODA FORMA INCLUYENDO TABLETAS, LIQUIDOS, CAPSULAS Y POLVOS; JUGOS DE
HIERBAS Y CALDOS MEDICINALES
Goods and Services Computerised Translation:
05
PHARMACEUTICAL PREPARATIONS; VITAMINS; MINERALS MEDICINAL, FOOD ELEMENTS, PROTEINS, EXTRACTS AND HERBS FOR DRESSINGS MEDICINAL; COMPLEXES DIETARY; COSMETICS, ESSENTIAL OILS, HAIR LOTIONS AND DENTIFRICE FOR MEDICINAL USE; MEDICINES AND SUPPLEMENTS
CONDITIONERS PROPERLY COMPRISING TABLETS, LIQUIDS, CAPSULE. AND POWDERS; JUICES OF HERBS AND MEDICINAL STOCK HERBALIFE INTERNATIONAL, INC. (United States of America) App 39197 Reg 39197
PA-40 Q5 SCHIZANDRA PLUS Panama REGISTRATION (REGISTERED) 5 05 VITAMINAS Y MINERALES, PROTEINAS, HIERBAS NUTRITIVAS, LINAZA MEDICA YTERAPEUTICA, ANALGESICOS Y UNGUENTOS PARA LA
PIEL Y DEMAS
Goods and Services Computerised Translation:
05 Vitamins. AND
MINERALS, PROTEINS, NUTRITIVE HERBS, LINSEED MEDICAL ~YTERAPEUTICA~, ANALGESICS AND OINTMENTS FOR THE SKIN AND OTHER HERBALIFE INTERNATIONAL, INC. (United States of America) App 39180 Reg 39180
PA-45 Q5 HERBALIFE Panama REGISTRATION (REGISTERED) 29 29 no goods available HERBALIFE INTERNATIONAL, INC. UNA SOCIEDAD LIMITADA (Peru) App 36214 Reg 36214
PA-46 Q5 HERBALIFE Panama REGISTRATION (REGISTERED) 3 03 no goods available HERBALIFE INTERNATIONAL (Peru) App 36215 Reg 36215
PY-1 Q5 HERBALIFE SKIN Paraguay APPLICATION (PENDING) 3 HERBALIFE INTERNATIONAL, INC. (United States of America) App 1440417
PY-14 Q5 Design Only Paraguay APPLICATION (PENDING) 32 HERBALIFE INTERNATIONAL, INC. (United States of America) App 1254487
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
PY-18 Q5 HERBALIFE Paraguay APPLICATION (PENDING) 35
HERBALIFE INTERNATIONAL, INC. (United States of America) App 1402788
PY-50 Q5 THERMOJETICS Paraguay REGISTRATION (REGISTERED) 3 HERBALIFE INTERNATIONAL INC.
(United States of America) App 9415372 Reg 177641
PY-51 Q5 Design Only Paraguay REGISTRATION (REGISTERED) 32 HERBALIFE INT. INC. (United States of America) App
504981 Reg 278926
PY-58 Q5 HERBALIFE Paraguay REGISTRATION (REGISTERED) 30 HERBALIFE INT. INC. (United States of America) App 1316619 Reg 257368
PY-59 Q5 HERBALIFE Paraguay REGISTRATION (REGISTERED) 3 HERBALIFE INT. INC. (United States of America) App 1316621 Reg 265729
PY-64 Q5 HERBALIFE Paraguay REGISTRATION (REGISTERED) 5 HERBALIFE INT. INC. (United States of America) App 1316633 Reg 257392
PY-65 Q5 HERBALIFE Paraguay REGISTRATION (REGISTERED) 5 HERBALIFE INT. INC. (United States of America) App 1316620 Reg 257365
PE-1 Q5 HERBALIFE SKIN Peru APPLICATION (PENDING) 3 03 PRODUCTOS NO MEDICADOS PARA EL CUIDADO DE LA PIEL, A SABER, CREMAS FACIALES, CREMAS PARA LOS OJOS, LIMPIADORES FACIALES,
EXFOLIANTES; CREMAS, LOCIONES Y ACEITES DE LIMPIEZA, LOCIONES, HUMECTANTES Y TONIFICADORES PARA EL CUERPO, GELES, LIMPIADORES Y MASCARILLAS PARA EL ROSTRO Y EL CUERPO, CREMAS DE AFEITAR; PRODUCTOS NO MEDICADOS PARA PROTECCIÓN SOLAR
Goods and Services Computerised Translation:
03 CARE ITEMS THAN THE SKIN NOT
MEDICAL, NAMELY, FACIAL CREAM, EYE CREAM, FACIAL CLEANSERS, SCRUBS; CREAMS, LOTIONS AND OILS FOR CLEANING PURPOSES, LOTIONS, MOISTENING AGENTS AND BODY TONERS, GELS, CLEANERS AND MASKS FOR FACE AND BODY, SHAVING CREAMS; PRODUCTS NOT MEDICAL FOR
SUN-PROTECTION HERBALIFE INTERNATIONAL, INC. (United States of America) App 589022-2014
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Number
Registration
Number
PE-10 Q5 HERBALIFE Peru APPLICATION (PENDING) 5 05
PRODUCTOS PARA EL CUIDADO DE LA SALUD (COMPLEMENTOS ALIMENTICIOS), SUPLEMENTOS ALIMENTICIOS PARA LA SALUD HECHOS PRINCIPALMENTE DE VITAMINAS, SUPLEMENTOS ALIMENTICIOS PARA LA SALUD HECHOS PRINCIPALMENTE DE MINERALES, PRODUCTOS PARA EL CUIDADO DE LA
SALUD (COMPLEMENTOS ALIMENTICIOS) PARA PERSONAS CON REQUERIMIENTOS DIETÉTICOS ESPECIALES, SUPLEMENTOS NUTRICIONALES PARA PROPÓSITOS DE CUIDADO DE LA SALUD Y DIETÉTICOS; SUPLEMENTOS NUTRICIONALES Y DIETÉTICOS
Goods and Services Computerised Translation:
05 CARE ITEMS OF HEALTH (FOOD SUPPLEMENTS), FOOD
SUPPLEMENTS FOR HEALTH MADE MAINLY THAN VITAMINS, FOOD SUPPLEMENTS FOR HEALTH MADE MAINLY THAN MINERALS, CARE ITEMS OF HEALTH (FOOD SUPPLEMENTS) FOR HUMANS WITH REQUIREMENTS DIETETICS SPECIAL, NUTRITIONAL SUPPLEMENTS FOR PURPOSES DANGEROUS OF HEALTH
AND DIETETICS; NUTRITIONAL SUPPLEMENTS AND DIETARY. HERBALIFE INTERNATIONAL, INC. (United States of America) App 514426-2012
PE-11 Q5 HERBALIFE Peru APPLICATION
(PENDING) 30 30 BEBIDAS A BASE DE CAFÉ, CHOCOLATE Y TÉ; TÉ, CAFÉ, CHOCOLATE, CACAO; BOCADITOS (COMPRENDIDOS EN LA CLASE), TENTEMPIÉS; POLVOS PARA ELABORAR BEBIDAS A BASE DE TÉ Y A BASE DE CACAO COMPRENDIDOS
EN LA CLASE; TÉ HERBAL E INFUSIONES HERBALES QUE NO SEAN PARA USO MÉDICO; HIERBAS CULINARIAS (PRODUCTOS PARA SAZONAR); INFUSIONES DE HIERBAS PARA FINES ALIMENTICIOS
Goods and Services Computerised Translation:
30 COFFEE BASED BEVERAGES, CHOCOLATE AND TEA;
COFFEE, TEA, COCOA, CHOCOLATE; SNACKS (INCLUDED IN CLASS), SNACKS; POWDERS FOR PROCESSING BEVERAGES ON THE BASIS OF TEA AND COCOA-BASED INCLUDED IN CLASS; HERBAL TEA. AND INFUSIONS ~HERBALES~ OTHER THAN FOR USE MEDICAL; HERBS CULINARY (PRODUCTS FOR
SEASONING); INFUSIONS THAN HERBS FOR FOOD PURPOSES HERBALIFE INTERNATIONAL, INC. (United States of America) App 514428-2012
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Registration
Number
PE-12 Q5 HERBALIFE Peru APPLICATION (PENDING) 3 03
JABONES; PERFUMERÍA, ACEITES ESENCIALES, COSMÉTICOS, LOCIONES CAPILARES, PRODUCTOS PARA EL CUIDADO DEL CABELLO; DENTÍFRICOS; CHAMPÚS, ACONDICIONADORES, PREPARACIONES EN AEROSOL, GELES Y POMADAS PARA LA ELABORACIÓN
DE PEINADOS; CREMAS, LOCIONES, GELES, LECHES, MASCARILLAS, EXFOLIANTES, TÓNICOS, Y PREPARACIONES EN AEROSOL PARA EL ROSTRO; LOCIONES, CREMAS, GELES Y EXFOLIANTES
PARA MANOS; CREMAS, LOCIONES, PREPARACIONES DE LIMPIEZA, GELES, EXFOLIANTES Y PREPARACIONES EN AEROSOL PARA EL CUERPO; ARTÍCULOS DE TOCADOR PARA AFEITAR PARA CABALLEROS;
FRAGANCIAS; PAÑOS ABRASIVOS O EXFOLIANTES IMPREGNADOS CON LOCIONES COSMÉTICAS; PRODUCTOS PARA ACLARAR LA PIEL; PRODUCTOS COSMÉTICOS PARA CUIDADO DE LA PIEL
Goods and Services Computerised Translation:
03 SOAPS; PERFUMERY, ESSENTIAL OILS, COSMETICS,
HAIR LOTIONS, PRODUCTS FOR HAIR CARE; DENTIFRICES; SHAMPOOS, CONDITIONERS, PREPARATIONS AT AEROSOL, GELS AND POMADES FOR ELABORATION OF COMBED; CREAMS, LOTIONS, GELS, MILKS, MASKS,
SCRUBS, TONICS, AND PREPARATIONS AT AEROSOL FOR FACE; LOTIONS, CREAMS, GELS AND SCRUBS FOR HANDS; CREAMS, LOTIONS, CLEANING PREPARATIONS, GELS, SCRUBS AND PREPARATIONS AT AEROSOL
FOR BODY; TOILET HERBALIFE INTERNATIONAL, INC. (United States of America) App 514427-2012
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Number
Registration
Number
PE-13 Q5 HERBALIFE Peru APPLICATION (PENDING) 29 29
ALIMENTOS Y BOCADITOS HECHOS A BASE DE ACEITES, GRASAS Y FRUTOS SECOS PROCESADOS; SUPLEMENTOS DIETÉTICOS EN FORMA DE POLVO, CÁPSULAS O TABLETAS HECHOS A BASE DE ACEITES, GRASAS Y FRUTOS SECOS PROCESADOS; BOCADITOS, BOCADITOS QUE
CONTIENEN FRUTOS SECOS COCIDOS, BOCADITOS QUE CONTIENEN FRUTOS SECOS CRUDOS, BOCADITOS QUE CONTIENEN FRUTOS SECOS DE SOYA TOSTADOS; BOCADITOS QUE CONTIENEN PROTEÍNAS, PROTEÍNAS EN POLVO PARA CONSUMO HUMANO, SOPAS, PREPARACIONES PARA
ELABORAR SOPA, PREPARACIONES DE SOPAS DE VERDURAS, LECHE, BEBIDAS LÁCTEAS EN LAS QUE PREDOMINA LA LECHE, PRODUCTOS LÁCTEOS, PROTEÍNAS PARA CONSUMO HUMANO, PROTEÍNAS PARA CONSUMO HUMANO EN LA FORMA DE PROTEÍNAS EN
POLVO QUE CONTIENE OPCIONALMENTE MINERALES, VITAMINAS, E INGREDIENTES HERBALES, CARNE, PESCADO, CARNE DE AVE, CARNE DE CAZA, EXTRACTOS DE CARNE; ACEITES Y GRASAS COMESTIBLES, QUE NO INCLUYEN PREPARACIONES PARA UNTAR Goods and Services Computerised
Translation:
29 FOODS. AND SNACKS MADE ON THE BASIS OF OILS, FATS AND FRUITS DRY PROCESSED; DIETETICS SUPPLEMENTS IN FORM FOR DUST, CAPSULES OR TABLETS MADE ON THE
BASIS OF OILS, FATS AND FRUITS DRY PROCESSED; SNACKS, SNACKS THAT CONTAINING COOKED NUTS, SNACKS THAT CONTAINING NUTS CRUDE, HERBALIFE INTERNATIONAL, INC. (United States of America) App 514429-2012
PE-15 Q5 HERBALIFE Peru APPLICATION (PENDING) 32 32 AGUAS MINERALES Y GASEOSAS Y OTRAS BEBIDAS NO ALCOHÓLICAS, BEBIDAS DE FRUTAS Y JUGOS DE FRUTAS Y OTRAS PREPARACIONES PARA
LA ELABORACIÓN DE BEBIDAS; BEBIDAS NO ALCOHÓLICAS LISTAS PARA BEBER, CONCENTRADAS, O EN POLVO; MEZCLAS EN POLVO PARA BEBIDAS; BEBIDAS Y BEBIDAS NO ALCOHÓLICAS
Goods and Services Computerised Translation:
32 MINERAL WATER AND AERATED AND OTHER
NON-ALCOHOLIC DRINKS, FRUIT DRINKS AND FRUIT JUICE AND OTHER PREPARATIONS FOR ELABORATION OF BEVERAGES; BEVERAGES NON- ALCOHOLIC LISTS FOR DRINKING, CONCENTRATED, OR POWDERED; POWDERED DRINK MIXES; BEVERAGES AND NON ALCOHOLIC BEVERAGES HERBALIFE
INTERNATIONAL, INC. (United States of America) App 514432-2012
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Number
Registration
Number
PE-16 Q5 HERBALIFE Peru APPLICATION (PENDING) 29 29
ALIMENTOS Y BOCADITOS HECHOS A BASE DE ACEITES, GRASAS Y FRUTOS SECOS PROCESADOS; SUPLEMENTOS DIETÉTICOS EN FORMA DE POLVO, CÁPSULAS O TABLETAS HECHOS A BASE DE ACEITES, GRASAS Y FRUTOS SECOS PROCESADOS; BOCADITOS, BOCADITOS QUE
CONTIENEN FRUTOS SECOS COCIDOS, BOCADITOS QUE CONTIENEN FRUTOS SECOS CRUDOS, BOCADITOS QUE CONTIENEN FRUTOS SECOS DE SOYA TOSTADOS; BOCADITOS QUE CONTIENEN PROTEÍNAS, PROTEÍNAS EN POLVO PARA CONSUMO HUMANO, SOPAS, PREPARACIONES PARA
ELABORAR SOPA, PREPARACIONES DE SOPAS DE VERDURAS, LECHE, BEBIDAS LÁCTEAS EN LAS QUE PREDOMINA LA LECHE, PRODUCTOS LÁCTEOS, PROTEÍNAS PARA CONSUMO HUMANO, PROTEÍNAS PARA CONSUMO HUMANO EN LA FORMA DE PROTEÍNAS EN
POLVO QUE CONTIENE OPCIONALMENTE MINERALES, VITAMINAS, E INGREDIENTES HERBALES, CARNE, PESCADO, CARNE DE AVE, CARNE DE CAZA, EXTRACTOS DE CARNE; ACEITES Y GRASAS COMESTIBLES, QUE NO INCLUYEN PREPARACIONES PARA UNTAR Goods and Services Computerised
Translation:
29 FOODS. AND SNACKS MADE ON THE BASIS OF OILS, FATS AND FRUITS DRY PROCESSED; DIETETICS SUPPLEMENTS IN FORM FOR DUST, CAPSULES OR TABLETS MADE ON THE
BASIS OF OILS, FATS AND FRUITS DRY PROCESSED; SNACKS, SNACKS THAT CONTAINING COOKED NUTS, SNACKS THAT CONTAINING NUTS CRUDE, HERBALIFE INTERNATIONAL, INC. (United States of America) App 514431-2012
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Registration
Number
PE-17 Q5 HERBALIFE Peru APPLICATION (PENDING) 35 35
PUBLICIDAD; GESTIÓN DE NEGOCIOS COMERCIALES; ADMINISTRACIÓN COMERCIAL; TRABAJOS DE OFICINA; SERVICIOS PARA ASISTIR A TERCEROS CON MARKETING DIRECTO, PUBLICIDAD, GENERACIÓN DE OPORTUNIDADES DE NEGOCIOS, PROCESAMIENTO DE PEDIDOS,
Y PROCESAMIENTO DE PAGOS; SERVICIOS DE GESTIÓN DE DATOS ELECTRÓNICOS RELACIONADA CON EL MANEJO DEL PESO, SALUD Y BUEN ESTADO FÍSICO DE LAS PERSONAS, MARKETING MULTINIVEL, Y DESARROLLO DE PEQUEÑOS NEGOCIOS COMERCIALES
Goods and Services Computerised Translation:
35 PUBLICITY; COMMERCIAL
BUSINESS MANAGEMENT; BUSINESS ADMINISTRATION; OFFICE WORKS; SERVICES FOR HELP TO THIRD PARTIES WITH DIRECT MARKETING, ADVERTISING, GENERATION THAN OPPORTUNITIES THAN BUSINESSES, PROCESS THAN ORDERS, AND PAYMENT PROCESSING; SERVICES FOR MANAGEMENT OF
ELECTRONIC DATA RELATED WITH OPERATION OF WEIGHT, HEALTH AND GOOD PHYSICAL STATE OF PERSONS, MARKETING MULTINIVEL, AND DEVELOPMENT OF SMALL BUSINESS AFFAIRS HERBALIFE INTERNATIONAL, INC. (United States of America) App 514433-2012
PE-18 Q5 HERBALIFE Peru APPLICATION (PENDING) 41 41 SERVICIOS DE SUMINISTRO DE INFORMACIÓN SOBRE SALUD HUMANA, NUTRICIÓN, BUEN ESTADO FÍSICO Y EJERCICIOS
Goods and Services Computerised Translation:
41 SERVICES FOR PROVIDING OF
INFORMATION ONTO HUMAN HEALTH, NUTRITION, GOOD PHYSICAL STATE AND EXERCISE HERBALIFE INTERNATIONAL, INC. (United States of America) App 514434-2012
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Registration
Number
PE-2 Q5 HERBALIFE24 Peru APPLICATION (PENDING) 5 29 32 05
COMPLEMENTOS DIETÉTICOS Y NUTRITIVOS; SUPLEMENTOS ALIMENTICIOS; SUPLEMENTOS DIETÉTICOS Y NUTRITIVOS PARA DEPORTISTAS Y ATLETAS; BEBIDAS ENRIQUECIDAS NUTRITIVAMENTE; SUPLEMENTOS ALIMENTICIOS CON PROTEÍNAS, MINERALES Y VITAMINAS
29 SUSTITUTO DE COMIDAS (INCLUIDOS EN LA CLASE) EN POLVO COMPUESTAS PRINCIPALMENTE DE PROTEÍNAS Y CARBOHIDRATOS, QUE NO SEAN PARA USO MÉDICO
32 PREPARACIONES PARA ELABORAR BEBIDAS NO ALCOHÓLICAS; BEBIDAS NO ALCOHÓLICAS PARA EL ENTRENAMIENTO DEPORTIVO Y DE ATLETISMO; BEBIDAS DEPORTIVAS QUE
CONTIENEN PROTEÍNAS, MINERALES Y VITAMINAS Goods and Services Computerised Translation:
05 Accessories dietetics and nutritive; FOOD SUPPLEMENTS; DIETETIC
SUPPLEMENTS AND NUTRITIVE FOR SPORTSMEN AND ATHLETES; BEVERAGES ENRICHED NUTRITIVE; FOOD SUPPLEMENTS INCLUDING PROTEINS, MINERALS AND VITAMINS
29 SUBSTITUTE THAN
MEALS (INCLUDED IN CLASS) POWDERED COMPRISED MAINLY THAN PROTEIN AND CARBOHYDRATES, NOT FOR MEDICAL PURPOSE
32 PREPARATIONS FOR PROCESSING BEVERAGES NON-ALCOHOLIC;
BEVERAGES NON- ALCOHOLIC FOR SPORTS TRAINING AND THAN ATHLETICS; SPORTS BEVERAGES THAT CONTAINING PROTEIN, MINERALS AND VITAMINS HERBALIFE INTERNATIONAL, INC. (United States of America) App 583038-2014
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Number
Registration
Number
PE-23 Q5 Design Only Peru REGISTRATION (REGISTERED) 3 03
PRODUCTOS COSMÉTICOS PARA EL CUIDADO DE LA PIEL, EN PARTICULAR, LIMPIADORES, HUMECTANTES, TONIFICANTES, MASCARILLAS FACIALES, EXFOLIADORES FACIALES Y PARA EL CUERPO, CREMAS FACIALES, CREMAS PARA LOS OJOS, CREMAS PARA EL CUERPO; CREMAS
TONIFICANTES PARA EL CUERPO, ACEITES PARA EL CUERPO, LOCIONES PARA EL CUERPO, ACEITES PARA EL BAÑO EN TINA Y EN DUCHA, GELES PARA EL BAÑO EN TINA Y EN DUCHA; ACONDICIONADORES Y CHAMPÚES PARA EL CABELLO; LIMPIADORES PARA EL
ROSTRO Y EL CUERPO; JABONES; FRAGANCIAS
Goods and Services Computerised Translation:
03 COSMETIC PREPARATIONS FOR SKIN CARE, IN PARTICULAR, CLEANERS, MOISTENING AGENTS, TONING, FACIAL MASQUES, FACIAL SCRUBS AND FOR BODY, FACIAL CREAM, EYE CREAM, BODY CREAMS; CREAMS
TONING FOR BODY, OILS FOR BODY, BODY LOTION, OILS FOR BAÑ OR AT TUB AND AT SHOWER, GELS FOR BAÑ OR AT TUB AND AT SHOWER; CONDITIONERS AND SHAMPOOS FOR HAIR; WASHES FOR FACE AND BODY;
SOAPS; FRAGRANCES HERBALIFE INTERNATIONAL, INC. (United States of America) App 434673-2010 Reg P00171580
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Number
Registration
Number
PE-3 Q5 24 Peru APPLICATION (PENDING) 5 29 32 05
COMPLEMENTOS DIETÉTICOS Y NUTRITIVOS; SUPLEMENTOS ALIMENTICIOS; SUPLEMENTOS DIETÉTICOS Y NUTRITIVOS PARA DEPORTISTAS Y ATLETAS; BEBIDAS ENRIQUECIDAS NUTRITIVAMENTE; SUPLEMENTOS ALIMENTICIOS CON PROTEÍNAS, MINERALES Y VITAMINAS
29 SUSTITUTO DE COMIDAS (INCLUIDOS EN LA CLASE) EN POLVO COMPUESTAS PRINCIPALMENTE DE PROTEÍNAS Y CARBOHIDRATOS, QUE NO SEAN PARA USO MÉDICO
32 PREPARACIONES PARA ELABORAR BEBIDAS NO ALCOHÓLICAS; BEBIDAS NO ALCOHÓLICAS PARA EL ENTRENAMIENTO DEPORTIVO Y DE ATLETISMO; BEBIDAS DEPORTIVAS QUE
CONTIENEN PROTEÍNAS, MINERALES Y VITAMINAS Goods and Services Computerised Translation:
05 Accessories dietetics and nutritive; FOOD SUPPLEMENTS; DIETETIC
SUPPLEMENTS AND NUTRITIVE FOR SPORTSMEN AND ATHLETES; BEVERAGES ENRICHED NUTRITIVE; FOOD SUPPLEMENTS INCLUDING PROTEINS, MINERALS AND VITAMINS
29 SUBSTITUTE THAN
MEALS (INCLUDED IN CLASS) POWDERED COMPRISED MAINLY THAN PROTEIN AND CARBOHYDRATES, NOT FOR MEDICAL PURPOSE
32 PREPARATIONS FOR PROCESSING BEVERAGES NON-ALCOHOLIC;
BEVERAGES NON- ALCOHOLIC FOR SPORTS TRAINING AND THAN ATHLETICS; SPORTS BEVERAGES THAT CONTAINING PROTEIN, MINERALS AND VITAMINS HERBALIFE INTERNATIONAL, INC. (United States of America) App 583039-2014
PE-50 Q5 HERBALIFE CELULAR NUTRITION Peru REGISTRATION (REGISTERED) 5 05 SUPLEMENTOS NUTRICIONALES CONSISTENTES EN VITAMINAS, MINERALES, HIERBAS Y PROTEINAS, TODOS EN FORMA DE
TABLETAS, POLVOS, CAPSULAS O LIQUIDOS Y TODOS LOS DEMAS PRODUCTOS.
Goods and Services Computerised Translation:
05 NUTRITIONAL SUPPLEMENTS CONSISTING OF VITAMINS, MINERALS, HERBS AND PROTEINS, ALL IN FORM OF TABLETS, POWDERS, CAPSULE. OR LIQUIDS AND ALL LET US GIVE PRODUCTS. HERBALIFE
INTERNATIONAL, INC. (United States of America) App 216510-2004 Reg P00009030
PE-51 Q5 HERBALIFE CELULAR NUTRITION Peru REGISTRATION (REGISTERED) 32 32 JUGOS Y
BEBIDAS DE FRUTAS, INSUMOS PARA LA PREPARACION DE BEBIDAS ,TALES COMO PROTEINAS EN POLVO,AMINOACIDOS,VITAMINAS,MINERALES Y HIERBAS,Y TODOS LOS DEMAS PRODUCTOS. Goods and Services Computerised Translation:
32: Juices. AND FRUIT DRINKS, ~INSUMOS~ FOR PREPARATION OF BEVERAGES, AS PROTEINS POWDERED, AMINO ACIDS, VITAMINS, ORES AND HERBS, AND ALL LET US GIVE GOODS. HERBALIFE
INTERNATIONAL, INC. (United States of America) App 217505-2004 Reg P00009454
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Number
PE-8 Q5 Design Only Peru APPLICATION (PENDING) 35 35
PUBLICIDAD; GESTIÓN DE NEGOCIOS COMERCIALES; ADMINISTRACIÓN COMERCIAL; TRABAJOS DE OFICINA; SERVICIOS PARA ASISTIR A TERCEROS CON MARKETING DIRECTO, PUBLICIDAD, GENERACIÓN DE OPORTUNIDADES DE NEGOCIOS, PROCESAMIENTO DE PEDIDOS;
SERVICIOS DE GESTIÓN DE DATOS ELECTRÓNICOS RELACIONADA CON EL MANEJO DEL PESO, SALUD Y BUEN ESTADO FÍSICO DE LAS PERSONAS, MARKETING MULTINIVEL, Y DESARROLLO DE PEQUEÑOS NEGOCIOS COMERCIALES
Goods and Services Computerised Translation:
35 PUBLICITY; COMMERCIAL BUSINESS MANAGEMENT;
BUSINESS ADMINISTRATION; OFFICE WORKS; SERVICES FOR HELP TO THIRD PARTIES WITH DIRECT MARKETING, ADVERTISING, GENERATION THAN OPPORTUNITIES THAN BUSINESSES, PROCESS THAN ORDERS; SERVICES FOR MANAGEMENT OF ELECTRONIC DATA RELATED WITH OPERATION
OF WEIGHT, HEALTH AND GOOD PHYSICAL STATE OF PERSONS, MARKETING MULTINIVEL, AND DEVELOPMENT OF SMALL BUSINESS AFFAIRS HERBALIFE INTERNATIONAL, INC. (United States
of America) App 514424-2012
PE-9 Q5 HERBALIFE Peru APPLICATION (PENDING) 35 35 PUBLICIDAD; GESTIÓN DE NEGOCIOS COMERCIALES; ADMINISTRACIÓN COMERCIAL;
TRABAJOS DE OFICINA; SERVICIOS PARA ASISTIR A TERCEROS CON MARKETING DIRECTO, PUBLICIDAD, GENERACIÓN DE OPORTUNIDADES DE NEGOCIOS, PROCESAMIENTO DE PEDIDOS; SERVICIOS DE GESTIÓN DE DATOS ELECTRÓNICOS RELACIONADA CON EL MANEJO
DEL PESO, SALUD Y BUEN ESTADO FÍSICO DE LAS PERSONAS, MARKETING MULTINIVEL, Y DESARROLLO DE PEQUEÑOS NEGOCIOS COMERCIALES
Goods and Services
Computerised Translation:
35 PUBLICITY; COMMERCIAL BUSINESS MANAGEMENT; BUSINESS ADMINISTRATION; OFFICE WORKS; SERVICES FOR HELP TO THIRD PARTIES WITH DIRECT
MARKETING, ADVERTISING, GENERATION THAN OPPORTUNITIES THAN BUSINESSES, PROCESS THAN ORDERS; SERVICES FOR MANAGEMENT OF ELECTRONIC DATA RELATED WITH OPERATION
OF
WEIGHT, HEALTH AND GOOD PHYSICAL STATE OF PERSONS, MARKETING MULTINIVEL, AND DEVELOPMENT OF SMALL BUSINESS AFFAIRS HERBALIFE INTERNATIONAL, INC. (United States of America) App 514425-2012
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
PH-1 Q5 HERBALIFE24 Philippines APPLICATION (PENDING) 5 29 32 05 DIETARY AND NUTRITIONAL SUPPLEMENTS; FOOD SUPPLEMENTS; DIETARY AND NUTRITIONAL SUPPLEMENTS FOR SPORTS AND
ATHLETICS; NUTRITIONALLY FORTIFIED BEVERAGES; FOOD SUPPLEMENTS CONTAINING PROTEINS,
MINERALS AND VITAMINS, ALL IN CLASS 5.
29 POWDERED PREPARATIONS FOR HUMAN FOOD CONTAINING PROTEINS, MINERALS AND VITAMINS; FOODS CONSISTING OF POWDERED PREPARATIONS, ALL IN CLASS 29.
32 PREPARATIONS FOR MAKING NON-ALCOHOLIC DRINKS; DRINKS FOR SPORTS AND ATHLETICS TRAINING; SPORTS DRINKS CONTAINING PROTEINS, MINERALS AND VITAMINS ALL IN
CLASS 32. HERBALIFE INTERNATIONAL, INC. (United States of America) App 42014503898
PH-20 Q5
Design Only Philippines REGISTRATION (REGISTERED) 3 03 NUTRITIONAL SUPPLEMENTS, DIETETIC FOODS, HERBAL PREPARATIONS, HOMEOPATHIC AIDS OF VITAMINS, MINERALS, FATTY ACIDS, HERBS, FIBER AND PROTEIN ALL IN TABLET, LIQUID, CAPSULE OR POWDER FORM.
HERBALIFE INTERNATIONAL INC. (United States of America) App 41994096849 Reg 41994096849
PH-22 Q5 HERBALIFE Philippines REGISTRATION (REGISTERED) 5 05 LECITHIN AND
VITAMIN B HERBALIFE INTERNATIONAL INC. (United States of America) App 41994096851 Reg 41994096851
PH-23 Q5 HERBALIFE Philippines REGISTRATION (REGISTERED) 3 03
HAIR SHAMPOO, RINSES, CONDITIONERS, SKIN CLEANSERS, MOISTURIZERS, FACIAL CREAMS. HERBALIFE INTERNATIONAL INC. (United States of America) App 41994096850 Reg 41994096850
PH-7 Q5 NITEWORKS Philippines REGISTRATION (REGISTERED) 32 32 PREPARATIONS FOR MAKING NON-ALCOHOLIC BEVERAGES; NON-ALCOHOLIC BEVERAGES. HERBALIFE INTERNATIONAL, INC. (United States
of America) App 42007500764 Reg 42007500764
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Number
RU-10 Q5 FORMIRUJ FIGURU! Original Trademark Name:
???????? ?????? Russian
Federation REGISTRATION (REGISTERED) 5 29 30 35 41 43
44 HERBALIFE INTERNATIONAL RS (Russian Federation) ????????? ?????????? ?? App 2005722256 Reg 303320
RU-21 Q5 AEROGENICS Original Trademark Name: AEROGENICS Russian
Federation REGISTRATION
(REGISTERED) 11
Goods and Services Computerised Translation:
11portable
apparatus and devices for air purification for domestic use. HERBALIFE INTERNATIONAL (United States of America) App 97717043 Reg 177303
RU-22 Q5 AQUAGENICS
Original Trademark Name: AQUAGENICS Russian
Federation REGISTRATION (REGISTERED) 11 Goods and Services Computerised Translation:
11apparatus and devices for purifications water for domestic use, including portable filters for water and nozzles for soul. HERBALIFE INTERNATIONAL (United States of
America) App 97717047 Reg 180319
RU-23 Q5 NUTRITECH Original Trademark Name: NUTRITECH Russian
Federation REGISTRATION (REGISTERED) 3 Goods and Services Computerised Translation:
03preparations for caring for hair, including shampoos, air conditioners (shampoos), sprays for stacking, lotions, gels and foam. HERBALIFE INTERNATIONAL
(United States of America App 97715543 Reg 176714
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Number
Registration
Number
RU-27 Q5 DERMAJETICS Original Trademark Name: DERMAJETICS
Russian
Federation REGISTRATION (REGISTERED) 3 Goods and Services Computerised Translation:
03for the purposes care for hair, namely shampoos, conditioners, air conditioners, lotions for giving forms hair and fixing lacquers (sprays). HERBALIFE INTERNATIONAL INC
(United States of America) App 96710918 Reg 163445
RU-28 Q5 DINOKIDS Original Trademark
Name: DINOKIDS Russian
Federation REGISTRATION (REGISTERED) 3 Goods and Services Computerised
Translation:
03tooth paste, for the purposes care for body, namely lotions for bodies, powders for bodies, foam for baths, gels for baths, bath oil, soaps,
oils and lotions for sunburn, for the purposes care for hair, namely shampoos and air conditioners for hair. HERBALIFE INTERNATIONAL INC (United States of America) App 96710917 Reg 158508
RU-31 Q5 SEAWARD Original Trademark Name: SEAWARD Russian
Federation REGISTRATION (REGISTERED)
3
Goods and Services Computerised Translation:
03cosmetics personal
hygiene, and also perfumes, toilet water, colognes, oils, lotions and cream for body, soaps, deodorants, included in class 3, powder, after shave balms. HERBALIFE INTERNATIONAL INC (United States of America) App 95704556 Reg 143177
RU-32 Q5 PINSTRIPE Original Trademark Name: PINSTRIPE Russian
Federation REGISTRATION
(REGISTERED) 3 Goods and Services Computerised Translation:
03cosmetics personal hygiene, and also perfumes, toilet water, colognes, oils, lotions and cream
for body, soaps, deodorants, included in class 3, powder, after shave balms. HERBALIFE INTERNATIONAL INC (United States of America) App 95704555 Reg 143176
RU-34
Q5 IMPROV Original Trademark Name: IMPROV Russian
Federation REGISTRATION (REGISTERED) 3 Goods and Services Computerised Translation:
03cosmetics personal hygiene, and also perfumes, toilet water, colognes, oils, lotions and cream for body, soaps, deodorants for personal use, powder, after shave balms.
HERBALIFE INTERNATIONAL INC (United States of America) App 95704550 Reg 144554
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Number
Registration
Number
RU-35 Q5 ZILLION Original Trademark Name: ZILLION Russian
Federation REGISTRATION (REGISTERED) 3
Goods and Services Computerised
Translation:
03cosmetics personal hygiene, and also perfumes, toilet water, colognes, oils, lotions and cream for body, soaps, deodorants for personal use,
powder. HERBALIFE INTERNATIONAL INC (United States of America) App 95704553 Reg 144269
RU-36 Q5 AROMA VIE Original Trademark Name: AROMA VIE Russian
Federation REGISTRATION (REGISTERED) 3 4 Goods and Services Computerised Translation:
03cosmetics, including moisturizing tools, oils and lotions for body, massage oils, oils, gels and bath salts, with the exception of for medical purposes,
gels and soaps for soul, aromatic mixes of dry lobes, sachet
04 candles; tapers. HERBALIFE INTERNATIONAL INC (United States of America) App 95703596 Reg 143111
RU-37 Q5 OCEAN CURRENTS Original Trademark Name: OCEAN CURRENTS Russian
Federation REGISTRATION (REGISTERED) 9 Goods and Services Computerised Translation:
09cosmetics, including for the purposes purification, wetting, giving color tone skin, masks for persons, creams for persons, age, bodies, oils and lotions for body, oils and
gels for baths, sponges with content in them cosmetic for the purposes persons and bodies. HERBALIFE INTERNATIONAL INC (United States of America) App 95703595 Reg 142705
SA-1 Q5 HERBALIFE Saudi Arabia APPLICATION (PENDING) 5 HERBALIFE INT. OF AMERICA (United States of America) App 99110819
SG-1 Q5 herbalife 24 Singapore UNPUBLISHED APPLICATION (PENDING) Status According to PTO: PENDING 5 29 32 05 Dietary and nutritional supplements; food supplements; dietary and
nutritional supplements for sports and athletics; nutritionally fortified beverages; food supplements containing proteins, minerals and vitamins.
29 Foods
consisting of powdered preparations; foods consisting of powdered preparations including dietary supplements and/or nutritional supplements and/or food supplements containing proteins, minerals and vitamins.
32 Preparations for making non-alcoholic drinks; drinks for sports and athletics training; sports drinks containing proteins, minerals and vitamins. Herbalife International, Inc.
(United States of America) App T1414425Z
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
SG-2 Q5 24 Singapore UNPUBLISHED APPLICATION (PENDING)
Status According to PTO: PENDING 5 29 32 05 Dietary and nutritional supplements; food supplements; dietary and nutritional supplements for sports and athletics; nutritionally fortified beverages; food supplements containing proteins, minerals and
vitamins.
29 Foods consisting of powdered preparations; foods consisting of powdered preparations including dietary supplements and/or nutritional supplements
and/or food supplements containing proteins, minerals and vitamins.
32 Preparations for making non-alcoholic drinks; drinks for sports and athletics training;
sports drinks containing proteins, minerals and vitamins. Herbalife International, Inc. (United States of America) App T1414426H
ZA-29 Q5 PROFESSIONAL TOUCH South
Africa APPLICATION (PENDING) 3 03 Soaps, essential oils; toiletries; cosmetics; hair care products; hair lotions including body perms, conditioners, re-arrangers, boosters, neutralizers, moisturizers, finishing lotions and cleaning preparations for
hair HERBALIFE BOP (United
States of America) App 98/16641
ZA-31 Q5 AROMAVIE
South Africa APPLICATION (PENDING) 3 03 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices HERBALIFE
INTERNATIONAL (United States of America) App 97/17578
ZA-32 Q5 AROMAVIE South Africa APPLICATION (PENDING) 4 04 Industrial oils and greases; lubricants; dust
absorbing; wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks HERBALIFE INTERNATIONAL (United States of America) App 97/17577
ZA-33 Q5 NUTRITECH South Africa APPLICATION (PENDING) 3 03 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations;
soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices HERBALIFE INTERNATIONAL (United States of America) App 97/15946
ZA-34 Q5 OCEAN CURRENTS
South Africa APPLICATION (PENDING) 3 03 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps, perfumery, essential oils, cosmetics, hair lotions; dentifrices HERBALIFE
INTERNATIONAL (United States of America) App 97/15947
ZA-36 Q5 NRG NRG South Africa APPLICATION (PENDING) 5 05 Pharmaceutical, veterinary and sanitary
preparations; dietetic substances adpted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants, preparations for destroying vermin; fungicides, herbicides HERBALIFE INTERNATIONAL
(United States of America) App 97/3485
ZA-37 Q5 DINOKIDS South Africa REGISTRATION (REGISTERED) 3 03 Toothpaste; body care products, body lotions, body powders,
bubble baths, bath gels, soaps, suntan oils and lotions; hair care products, namely shampoos and conditioners, all being products designed for use by children HERBALIFE INTERNATIONAL (United States of America) App 96/13523 Reg 96/13523
ZA-39 Q5 Design Only South Africa REGISTRATION (REGISTERED) 3 03 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive
preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices HERBALIFE INTERNATIONAL (United States of America) App 95/12672 Reg 95/12672
ZA-49 Q5 VITESSENCE South Africa REGISTRATION (REGISTERED) 3 03 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and
abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices HERBALIFE (United
States of America) App 95/11835 Reg 95/11835
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
ZA-5 Q5 ACE COMPLEX South Africa APPLICATION (PENDING) 5
05 Dietetic substances; dietary supplements; vitamin preparations, tonics and herbal products HERBALIFE INTERNATIONAL (United States of America) App 2006/06370
ZA-53 Q5 THERMOJETICS South Africa REGISTRATION (REGISTERED) 3 03 Cosmetics and body creams HERBALIFE INTERNATIONAL INC. (United States of America) App 94/1326 Reg
94/1326
ZA-54 Q5 THERMOJETICS South Africa REGISTRATION (REGISTERED) 3 03 Cosmetics and body creams HERBALIFE INTERNATIONAL INC. (United States of America) App
94/1325 Reg 94/1325
ZA-55 Q5 THERMOJETICS South Africa REGISTRATION (REGISTERED) 5 05 Nutritional supplements consisting of herbs, all in tablet or liquid form
HERBALIFE INTERNATIONAL INC (United States of America) App 94/1328 Reg 94/1328
KR-1 Q5 24 South Korea UNPUBLISHED APPLICATION (PENDING) 5 29 32 05 Protein dietary
supplements; Dietary fiber; ; Lecithin dietary supplements; Enzyme dietary supplements; Propolis dietary supplements; Casein dietary supplements; Royal jelly dietary supplements; Nutritional supplements; Mineral food supplements; Mineral nutritional
supplements; Mixed vitamin preparations; Calcium supplements;
29 ; Food products made from fruit; Vegetable products
{processed}; Processed egg foodstuffs; Meat products
{processed}; Milk products; Food products
made from oil and fat; Seaweed products {processed}; Food products made from fish and shellfish;
32 ; Non-alcoholic beverages; HERBALIFE INTERNATIONAL, INC.
(United States of America) App 40-2014-
0059377
KR-2 Q5 HERBALIFE24 South
Korea UNPUBLISHED APPLICATION (PENDING) 5 29 32 05 Protein dietary supplements; Dietary fiber; ; Lecithin dietary supplements; Enzyme dietary supplements; Propolis dietary supplements; Casein dietary supplements; Royal jelly dietary supplements;
Nutritional supplements; Mineral food supplements; Mineral nutritional supplements; Mixed vitamin preparations; Calcium supplements;
29 ; Food products made from
fruit; Vegetable products
{processed}; Processed egg foodstuffs; Meat products
{processed}; Milk products; Food products made from oil and fat; Seaweed products {processed}; Food products made from fish and shellfish;
32 ; Non-alcoholic beverages; HERBALIFE INTERNATIONAL, INC. (United States of America) App 40-2014-
0059376
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
KR-21 Q5 SHAPEWORKS South Korea REGISTRATION (REGISTERED)
30 32 30 Herb tea;
32 Translation of list of good not yet available HERBALIFE INTERNATIONAL, INC. (United States of America) App 75-2006-
0000032 Reg
4500147730000
KR-29 Q5 CELL-U-LOSS South Korea REGISTRATION (REGISTERED) 29 29 Translation of list of good not yet available HERBALIFE INTERNATIONAL, INC. (United States of America) App 70-2004-
0000350 Reg
4001081190000
KR-3 Q5 HERBALIFE South Korea UNPUBLISHED APPLICATION (PENDING) 9 16 21 25 09 Translation of list of good not yet available
16 Translation of list of good not yet available
21 ; Buckets;
25 Translation of list of good not yet available HERBALIFE INTERNATIONAL, INC. (United States of America) App 40-2014-
0053743
KR-4 Q5 Design Only South Korea UNPUBLISHED APPLICATION (PENDING) 9 16 21 25 09
Translation of list of good not yet available
16 Translation of list of good not yet available
21 Translation of list of good not yet available
25 Translation of list of good not yet
available HERBALIFE INTERNATIONAL, INC. (United States of America) App 40-2014-
0053744
SZ-3 Q5 H30 PRO Swaziland REGISTRATION (REGISTERED) 32 32 preparations for making non-alcoholic beverages HERBALIFE INTERNATIONAL (United States of America) App 73/2008 Reg 73/2008
TW-18 Q5 SEAWARD Taiwan REGISTRATION (REGISTERED) 3 HERBALIFE INTERNATIONAL, INC. (United States of America) App 089048281 Reg 00953781
TW-28 Q5 AQUAGENICS Taiwan REGISTRATION (REGISTERED) 11 HERBALIFE INTERNATIONAL INC. (United States of America) App 086060172 Reg 00857288
TW-29 Q5 AEROGENICS Taiwan REGISTRATION (REGISTERED) 11 HERBALIFE INTERNATIONAL INC. (United States of America) App 086060173 Reg 00857289
TW-30 Q5 OCEAN CURRENTS Taiwan REGISTRATION (REGISTERED) 3 HERBALIFE INTERNATIONAL, INC. (United States of America) App 086023517 Reg 00808411
TW-31 Q5 AROMAVIE Taiwan REGISTRATION (REGISTERED) 3 HERBALIFE INTERNATIONAL, INC. (United States of America) App 086015669 Reg 00807004
TW-32 Q5 AROMAVIE Taiwan REGISTRATION (REGISTERED) 4 HERBALIFE INTERNATIONAL, INC. (United States of America) App 086015668 Reg 00800433
Hit No. Query Citation Source Status Class Owner Name Application
Number Registration
Number
TW-34 Q5 DINOKIDS Taiwan REGISTRATION (REGISTERED) 3 HERBALIFE INTERNATIONAL, INC. (United States of America) App 085053184 Reg 00779732
TW-35 Q5 DEMEIJIE Taiwan REGISTRATION (REGISTERED) 3 HERBALIFE INTERNATIONAL INCORPORATED
(United States of America) App 085052045 Reg 00842496
TW-39 Q5 NATURE S
MIRROR Taiwan REGISTRATION (REGISTERED) 3 HERBALIFE INTERNATIONAL, INC. (United States of America) App 084046874 Reg 00727364
TW-44 Q5 KINDERMINS Taiwan
REGISTRATION (REGISTERED) 5 HERBALIFE INTERNATIONAL, INC. (United States of America) App 084028277 Reg 00721710
TW-49 Q5 Design Only Taiwan REGISTRATION
(REGISTERED) 29 HERBALIFE INTERNATIONAL, INC. (United States of America) App 083075350 Reg 00701267
TW-50 Q5 Design Only Taiwan REGISTRATION (REGISTERED) 3
HERBALIFE INTERNATIONAL, INC. (United States of America) App 083075352 Reg 00695822
TW-63 Q5 THERMOJETICS Taiwan REGISTRATION (REGISTERED) 3 HERBALIFE
INTERNATIONAL, INC. (United States of America) App 082060774 Reg 00647821
TW-64 Q5 THERMOJETICS Taiwan REGISTRATION (REGISTERED) 3 HERBALIFE INTERNATIONAL, INC.
(United States of America) App 082060776 Reg 00647728
TW-65 Q5 THERMOJETICS Taiwan REGISTRATION (REGISTERED) 1 5 10 HERBALIFE INTERNATIONAL, INC. (United States of
America) App 082060775 Reg 00658154
TW-72 Q5 MARK HUGHES Taiwan REGISTRATION (REGISTERED) 3 HERBALIFE INTERNATIONAL, INC. (United States of America) App 082009384
Reg 00619859
TW-75 Q5 MARK HUGHES Taiwan REGISTRATION (REGISTERED) 3 HERBALIFE INTERNATIONAL, INC. (United States of America) App 082009414 Reg 00619753
TW-78 Q5 APR Taiwan REGISTRATION (REGISTERED) 1 5 HERBALIFE INTERNATIONAL, INC. (United States of America) App 074032232 Reg 00315141
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
TW-79 Q5 NRG Taiwan REGISTRATION (REGISTERED) 1 5 HERBALIFE INTERNATIONAL, INC. (United States of America) App 074032230 Reg 00315204
TW-81 Q5 HERBALIFELINE Taiwan REGISTRATION (REGISTERED) 1 5 HERBALIFE INTERNATIONAL, INC. (United States of America) App 074032233 Reg 00315170
TW-83 Q5 KINDERMINS Taiwan REGISTRATION (REGISTERED) 1 5 HERBALIFE INTERNATIONAL, INC. (United States of America) App 073043351 Reg 00291052
TW-84 Q5 SCHIZANDRA PLUS Taiwan REGISTRATION (REGISTERED) 1 5 HERBALIFE INTERNATIONAL, INC. (United States of America) App 073043350 Reg 00291051
TW-88 Q5 HERBALIFE Taiwan REGISTRATION (REGISTERED) 1 5 HERBALIFE INTERNATIONAL, INC. (United States of America) App 072028668 Reg 00235503
TH-16 Q5 YA KEE PUENG HANG TEP NI
MIT Original Trademark Name: Thailand REGISTRATION
(REGISTERED) 5 Goods and Services Computerised Translation: Traditional herbal medicine and the treatment of the wound (the same drug). Tepnimit Herbalife (1999) Co., Ltd. / Thailand (Thailand)
App 431006 Reg 142061
TH-20 Q5 AEROGENICS Original Trademark Name: AEROGENICS Thailand
REGISTRATION (REGISTERED) 11 Goods and Services Computerised Translation: Set the air filter moveable household. Herbalife International Inc.
/ USA (United States
of
America)
App 349962 Reg 90045
TH-21 Q5 AQUAGENICS Original Trademark Name: AQUAGENICS Thailand REGISTRATION (REGISTERED) 11 Goods and Services Computerised Translation: Set the water pure household. Portable
water purifier / portable shower. Herbalife International Inc.
/ USA (United States of
America)
App 349963 Reg 90064
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
TH-22 Q5 NUTRITECH Original Trademark Name: NUTRITECH
Thailand REGISTRATION (REGISTERED) 3 Goods and Services Computerised Translation: Shampoo, hair spray, a hair style. Styling Lotion Styling Gel Styling foam Herbalife International Inc.
/ America (United States of America)
App 349964 Reg 82471
TH-53 Q5 HERBALIFE Original Trademark Name: HERBALIFE Thailand RENEWED REGISTRATION (REGISTERED) 5 Goods and Services Computerised Translation: Drug was cooked up, vitamins,
minerals, proteins, herbs, medicines help to reduce food, medicine neutralize human body in all kinds of pills and pill capsule and powder and pills. Soup 90301 HERBALIFE INTERNATIONAL App 133012 Reg 88492
TH-54 Q5 HERBALIFE HERBALIFE Original Trademark Name: HERBALIFE HERBALIFE Thailand RENEWED REGISTRATION (REGISTERED) 5 29 30 31 Goods and Services Computerised Translation: Food
Extracts prepared foods to keep for meat, fish, poultry, meat Lama. Fruits and vegetables that In a pot, and then actively jam and butter, eggs, milk and other dairy products, dietary supplements and herbal soup, vegetable oils and fats used for
this review. 90301 HERBALIFE INTERNATIONAL App 133013 Reg 89374
TR-1 Q5 roseguard Turkey REGISTRATION (REGISTERED) 5 Diyet ve g?da takviyeleri.
Goods and Services Computerised Translation:
Diet and food supplements. HERBALIFE
INTERNATIONAL, INC. (United States of America) App 2013/44913 Reg 2013 44913
AE-16 Q5 Design Only United Arab
Emirates APPLICATION (PENDING) 30 HERBALIFE INT. INC. (United States of America) App 12857
AE-17 Q5 THERMOJETICS United Arab
Emirates APPLICATION (PENDING) 5 HERBALIFE
INT. INC. App 12853
AE-18 Q5 THERMOJETICS United Arab
Emirates APPLICATION
(PENDING) 30 HERBALIVE INTERNAT. INC. (United States of America) App 12854
AE-19 Q5 THERMOJETICS United Arab
Emirates APPLICATION (PENDING) 3 HERBALIFE INT. INC. App 12855
AE-20 Q5 Design Only United
Arab
Emirates APPLICATION (PENDING) 5 HERBALIFE INT. INC. App 12856
AE-21 Q5
Design Only United Arab
Emirates APPLICATION (PENDING) 32 HERBALIFE INT. INC. App 12858
AE-22 Q5 Design Only United Arab
Emirates APPLICATION (PENDING) 3 HERBALIFE INT. INC. App
12859
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
AE-5 Q5 HERBALIFE United Arab
Emirates APPLICATION (PENDING) 32 HERBALIFE INTERNATIONAL INC (United States of America) App 137757
HERBALIFE NUTRITION United States Pending 3 5 29 32 03 Non-medicated skin care preparations, namely, facial creams, eye creams, facial cleansers, scrubs, cleansing creams, lotions
and oils, body lotion, moisturizers and toners, gels, washes, and masks for use on the face and body, shaving creams; non- medicated sun care preparations
05
Dietary supplements consisting of vitamins, minerals, herbs, fiber, or protein in tablet, powder, capsule or liquid form; nutritional fortified protein drink mixes
29 Soup and soup mixes; roasted soy nuts; processed nuts; soy-based food beverages and beverage mixes used as a milk substitute; powdered protein-based food
beverage mixes; protein-based food beverages used as a milk substitute; protein-based snack foods; soy-based snack foods; fruit and vegetable-based snack foods; processed fungi, tree bark, natural plant and flower, seed, root, and plant bulb-based
snack foods; protein- based, nutrient-dense food bars and snack bars; soy- based food bars and snack bars; fruit-based food bars and snack bars; formed potato-based snack foods; snack food dips, packaged processed and dried fruit combinations;
frozen, packaged and prepared meals consisting primarily of meat, fish, poultry or vegetables; fruit-based snack foods; dried and processed fruits and vegetables; meat-free burgers made of textured vegetable proteins; vegetable patties; trail mix
consisting primarily of processed nuts, raisins, and processed seeds; processed fruits and vegetables
32 Non-alcoholic beverages, namely, soft drinks, energy drinks, sport drinks, vegetable drinks, effervescent drinks, fruit juices, vegetable juices, HERBALIFE INTERNATIONAL, INC.
App 86/414,793
HERBALIFE24
NUTRITION FOR THE 24- HOUR ATHLETE DESIGN United
States Pending 5 29 05 Dietary and nutritional supplements consisting of vitamins, minerals, herbs, fiber, or protein in tablet, powder, capsule or liquid form for sports and fitness.
29 Powdered protein-based food beverage mixes. HERBALIFE INTERNATIONAL, INC. App 86/584,545
HERBALIFE24
NUTRICION PARA EL DEPORTISTA 24
HORAS DESIGN United States Pending 5 29 05 Dietary and nutritional supplements consisting of vitamins, minerals, herbs, fiber, or protein in tablet, powder, capsule or liquid form
for sports and fitness.
29 Powdered protein-based food beverage mixes. HERBALIFE INTERNATIONAL, INC. App 86/584,772
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
UY-1 Q5 HERBALIFE SKIN Uruguay APPLICATION (PENDING)
Status According to PTO: FILED 3 PREPARCIONES NO MEDICINALES PA EL CUIDADO DE LA PIEL, A SBER, CREMAS FACIALES, CREMAS PARA LOS OJOS, LIMPIADORES FACIALES, EXFOLIANTES, CREMAS, LOCIONE SY ACEITES LIMPIADORES, CREMAS PARA EL CUERPO, CREMAS
HIDRATANTES Y TONICOS, GELES, JABONES Y MASCARILLAS PARA USO EN LA CARA Y EL CUERPO,C REMAS DE AFEITAR, PREPARACIONES DE PROTECCION SOLAR NO MEDICADAS.
Goods and
Services Computerised Translation: PREPARING NON-MEDICATED PA CARE OF THE SKIN, TO ~SBER~, FACIAL CREAM, EYE CREAM, FACIAL CLEANSERS, SCRUBS, CREAMS, LOTIONS SY OILS WASHES, BODY CREAMS, MOISTURIZING CREAMS AND TONICS, GELS, SOAPS AND MASKS FOR USE
IN FACE AND BODY, C OARS RAZOR BLADE, PREPARATIONS OF SUN-PROTECTION NOT MEDICAL. HERBALIFE INT. INC. (United States of America) App 458357
UY-2 Q5 HERBALIFE
Uruguay APPLICATION (PENDING) Status According to PTO: FILED 3 5 28 30 Toda la clase
Goods and Services Computerised Translation:
all classes HERBALIFE INT., INC. (United States of America) App 456995
UY-3 Q5 HERBALIFELINE
Uruguay REGISTRATION (REGISTERED) Status According to PTO: GRANTED 5 CLASE 5: SUPLEMENTOS ALIMENTICIOS PARA FINES NO MEDICINALES
Goods and Services Computerised
Translation:
Cl. 5: FOOD SUPPLEMENTS FOR PURPOSES NON- MEDICATED HERBALIFE INTERNATIONAL INC. (United States of America) App 424985 Reg 424985
UZ-8 Q5 DERMAJETICS Uzbekistan REGISTRATION (REGISTERED) 3 Goods and Services Computerised Translation:
03 Goods for care for hair, shampoos, conditioners, air conditioners and aerosols; goods on nursing behind skin, cleaning and moisturizing tools, creams for persons, cream for
eyes, cream for body, lotions for body, oils for body, cosmetic masks for persons, toning up liquids, creams for shaving, oils and lotions for sunburn; tools personal hygiene, colognes, perfumes, talc, soap and deodorants for bodies. HERBALIFE
(United
States of America) App MB GU
9700943.3 Reg 8177
VE-10 Q5 SHAPEWORKS Venezuela REGISTRATION (REGISTERED) 32 BEBIDAS NO ALCOHOLICA Y PREPARACIONES PARA HACER BEBIDAS NO ALCOHOLICAS. Goods and Services Computerised Translation:
NON-ALCOHOLIC BEVERAGES AND PREPARATIONS FOR MAKING NON-ALCOHOLIC BEVERAGES. HERBALIFE INTERNATIONAL, INC. (United States of America) App 2006-007603 Reg P275769
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
VE-101 Q5 CELLULAR NUTRITION Venezuela REGISTRATION
(REGISTERED) 29 ALIMENTOS E INGREDIENTES ALIMENTICIOS. Goods and Services Computerised Translation: FOODS AND FOOD INGREDIENTS. HERBALIFE INTERNATIONAL (United States of America) App 1991-025673 Reg F172604
VE-104 Q5 CELLULAR NUTRITION Venezuela REGISTRATION (REGISTERED) 31 ALIMENTOS E INGREDIENTES ALIMENTICIOS. Goods and Services Computerised Translation: FOODS AND FOOD INGREDIENTS.
HERBALIFE INTERNATIONAL (Venezuela) App 1991-825673 Reg F172606
VE-111 Q5 CELLULAR NUTRITION Venezuela REGISTRATION (REGISTERED) 30 ALIMENTOS E INGREDIENTES
ALIMENTICIOS. Goods and Services Computerised Translation: FOODS AND FOOD INGREDIENTS. HERBALIFE INTERNATIONAL (Venezuela) App 1991-925673 Reg F172605
VE-123 Q5
APR Venezuela REGISTRATION (REGISTERED) 1 3 5 no goods available HERBALIFE INTERNATIONAL (United States of America) App 1983-006954 Reg F120758
VE-13 Q5 HERBALIFE
NUTRITION CLUB Venezuela REGISTRATION (REGISTERED) 44 SERVICIOS INFORMATIVOS SOBRE LA NUTRICION Y EL CONTROL DE PESO.
Goods and Services Computerised Translation:
INFORMATIONAL SERVICES ON NUTRITION AND CONTROL OF WEIGHT. HERBALIFE INTERNATIONAL, INC (United States of America) App 2006-007607 Reg S037208
VE-15 Q5 Design Only
Venezuela REGISTRATION (REGISTERED) 44 SERVICIOS PARA PROVEER INFORMACIONES SOBRE LA NUTRICION Y EL CONTROL DE PESO. Goods and Services Computerised Translation: SERVICES FOR DECIDE INFORMATION ON NUTRITION AND CONTROL OF WEIGHT. HERBALIFE
INTERNATIONAL, INC (United States of America) App 2006-007597 Reg S039972
VE-16 Q5 Design Only Venezuela REGISTRATION (REGISTERED) 20 CAJAS HECHAS DE PLASTICO PARA
TABLETAS. Goods and Services Computerised Translation: MADE BOXES THAN PLASTIC FOR TABLETS. HERBALIFE INTERNATIONAL, INC (United States of America) App 2006-007598 Reg P282081
VE-17 Q5 Design Only Venezuela REGISTRATION (REGISTERED) 9 CINTAS PARA MEDIR, DVD SOBRE LA SALUD, CONTROL DE PESO.
Goods and Services Computerised Translation: MEASURING TAPES, ~DVD~ ON HEALTH, CHECKING THAN WEIGHT. HERBALIFE INTERNATIONAL, INC. (United States of America) App 2006-007601 Reg
P290113
VE-2 Q5 SUPRESSA Venezuela APPLICATION (PENDING) 30 ALIMENTOS LÍQUIDOS COMPUESTOS DE HIERBAS Y VINAGRES
Goods and Services Computerised Translation: FOODSTUFFS COMPRISING LIQUIDS THAN HERBS AND VINEGARS HERBALIFE INTERNATIONAL, INC., (United States of America) App 2009-011297
VE-20 Q5 Design Only Venezuela REGISTRATION (REGISTERED) 5 SUPLEMENTOS DIETETICOS EN TABLETAS, CAPSULAS, POLVO Y LIQUIDO, BEBIDAS MEZCLADAS CON PROTEINAS.
Goods and Services Computerised Translation: SUPPLEMENTS DIETARY WITHIN TABLETS, CAPSULE, POWDER AND LIQUID, BEVERAGES BLENDED WITH PROTEINS. HERBALIFE
INTERNATIONAL, INC (United States of America) App 2006-007602 Reg P282083
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
VE-25 Q5 SHAPEWORKS Venezuela REGISTRATION (REGISTERED)
44 PROGRAMAS DE REDUCCION DE PESO Y MODIFICACION DE LA INGESTA ALIMENTARIA; SUPERVISION DE LA REDUCCION DE PESO EN INDIVIDUOS Y PLANES PARA EL MANTENIMIENTO DE UNA NUTRICION ADECUADA.
Goods and Services Computerised Translation: WEIGHT REDUCTION PROGRAMMES AND MODIFICATION OF ~INGESTA~ FOOD; SUPERVISION OF REDUCTIONS THAN WEIGHT AT INDIVIDUALS AND PLANS FOR
MAINTENANCE OF A NUTRITION APPROPRIATE. HERBALIFE INTERNATIONAL INC. (United States of America) App 2005-005350 Reg S036168
VE-28 Q5 SHAPEWORKS Venezuela
REGISTRATION (REGISTERED) 5 SUPLEMENTOS DIETETICOS, NUTRICIONALES Y DE PERDIDA DE PESO; PREPARACIONES PARA HACER BEBIDAS NUTRICIONALES USADAS PARA EL REEMPLAZO DE ALIMENTOS.
Goods and Services Computerised Translation: DIETETIC SUPPLEMENTS, NUTRITIONAL. AND THAN WEIGHT LOSS; PREPARATIONS FOR MAKING NUTRITIONAL BEVERAGES USED FOR SUBSTITUTION THAN
FOODS. HERBALIFE INTERNATIONAL INC. (United States of America) App 2005-005349 Reg P281754
VE-29 Q5 Design Only Venezuela REGISTRATION (REGISTERED) 30 TE;
PREPARACIONES PARA BEBIDAS A BASE DE HIERBAS.
Goods and Services Computerised Translation:
TEA; PREPARATIONS FOR BEVERAGES HERBAL. HERBALIFE INTERNATIONAL, INC. (United States of America) App 2005-005391 Reg P270804
VE-3 Q5 SOFT GREEN Venezuela REGISTRATION (REGISTERED) 1 JABONES, LOCIONES CORPORALES Y FACIALES, GELES CORPORALES Y FACIALES, ACEITES PARA EL BAÑO Y LA DUCHA, DESODORANTES,
GELES ANTISÉPTICOS.
Goods and Services Computerised Translation: SOAPS, BODY LOTIONS AND FACIAL, BODY GELS AND FACIAL, OILS FOR BAÑ OR AND SHOWER,
DEODORANTS, ANTISEPTIC GEL. HERBALIFE INTERNATIONAL, INC. (United States of America) App 2009-007421 Reg P303781
VE-33 Q5 Design Only Venezuela REGISTRATION
(REGISTERED) 29 NUECES PROCESADAS; SOPAS; PREPARACIONES PARA HACER SOPA; PASAPALOS A BASE DE PROTEINAS; PASAPALOS A BASE DE SOYA; PAPSAPALOS A BASE DE FRUTAS Y VEGETALES; PREPARACIONES EN POLVO PARA HACER BEBIDAS QUE CONTIENEN PROTEINAS A BASE DE
SOYA; BEBIDAS A BASE SOYA UTILIZADAS COMO SUSTITUTO DE LA LECHE.
Goods and Services Computerised Translation: PROCESSED NUTS; SOUPS; PREPARATIONS FOR MAKING SOUP;
~PASAPALOS~ ON THE BASIS OF PROTEINS; ~PASAPALOS~ ON THE BASIS OF
~SOYA~; ~PAPSAPALOS~ ON THE BASIS OF FRUITS AND VEGETABLES; PREPARATIONS POWDERED FOR MAKING
BEVERAGES THAT CONTAINING PROTEINS ON THE BASIS OF
~SOYA~; BEVERAGES CONTAINING ~SOYA~ USED IN THE FORM OF SUBSTITUTE OF MILK. HERBALIFE INTERNACIONAL, INC.
(United States of America) App 2005-005393 Reg P270805
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
VE-39 Q5 NATURE´S MIRROR Venezuela REGISTRATION
(REGISTERED) 3 PRODUCTOS PARA EL CUIDADO DE LA PIEL, ESPECIFICAMENTE, LIMPIADORES FACIALES, CREMAS FACIALES, HUMECTANTES, CREMA PARA LOS OJOS Y TONIFICANTES.
Goods
and Services Computerised Translation: SKINCARE PRODUCTS, SPECIFIC, FACIAL CLEANSERS, FACIAL CREAM, MOISTENING AGENTS, EYE CREAM AND TONING. HERBALIFE INTERNATIONAL INC. (United States of America) App 1998-016558 Reg P214234
VE-4 Q5 Design Only Venezuela REGISTRATION (REGISTERED) 35 SERVICIOS PARA PROVEER INFORMACIONES SOBRE LAS OPERACIONES DE LAS EMPRESAS PEQUEÑAS.
Goods and Services Computerised Translation: SERVICES FOR DECIDE INFORMATION ON OPERATIONS OF SMALL BUSINESSES. HERBALIFE INTERNATIONAL, INC. (United States of America) App
2006-025834 Reg S037805
VE-41 Q5 DINOKIDS Venezuela REGISTRATION (REGISTERED) 3 INCLUYE: PASTA DE DIENTES; PRODUCTO PARA EL CUIDADO DE LA PIEL, A SABER, LOCIONES
PARA EL CUERPO; TALCOS PARA EL CUERPO; BAÑOS BURBUJEANTES; GELS PARA EL BAÑO; ACEITES PARA EL BAÑO; JABONES, ACEITES Y LOCIONES PARA EL QUEMADO SOLAR; PRODUCTOS PARA EL CUIDADO DEL CABELLO TALES COMO SHAMPOOS Y ACONDICIONADORES.
EXCLUYE: TODOS LOS PRODUCTOS DE LA CLASE, MENOS LOS MENCIONADOS EN EL NO. 1.
Goods and Services Computerised Translation: INCLUDED: TOOTH PASTE; SKINCARE PRODUCTS,
NAMELY, BODY LOTIONS; BODY TALC; BATH BUBBLES; GELS FOR BATH; BATH OILS; SOAPS, OILS AND LOTIONS FOR BURNING SOLAR; HAIR CARE PRODUCTS NAMELY SHAMPOO AND CONDITIONERS. ~EXCLUYE~: ALL PRODUCTS OF CLASSES, EXCEPT AFORE-MENTIONED INTO NO 1. HERBALIFE
INTERNATIONAL, INC. (United States of America) App 1996-015570 Reg P201654
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number Registration
Number
VE-43 Q5 IMPROV Venezuela REGISTRATION (REGISTERED) 3 INCLUYE: TODOS LOS PRODUCTOS DE LA CLASE, ESPECIFICAMENTE PREPARACIONES PARA BLANQUEAR Y OTRAS SUBSTANCIAS PARA LA COLADA,
PREPARACIONES PARA LIMPIAR, PULIR, DESENGRASAR Y RASPAR, JABONES, PERFUMERIA, ACEITES ESENCIALES, COSMETICOS, LOCIONES PARA EL CABELLO, DENTIFRICOS, PARTICULARMENTE PRODUCTOS PARA LA HIGIENE PERSONAL, A SABER, TALCOS, PERFUMES, COLONIAS, AGUAS PARA
EL TOCADOR, ACEITES PARA EL CUERPO, LOCIONES PARA EL CUERPO,CREMAS PARA EL CUERPO,*** Goods and Services Computerised Translation: INCLUDED: ALL PRODUCTS OF CLASSES,
SPECIFIC BLEACHING PREPARATIONS AND OTHER SUBSTANCES FOR LAUNDRY, PREPARATIONS FOR CLEANING, POLISHING, DEGREASING AND SCRAPING, SOAPS, PERFUMERY, ESSENTIAL OILS,
COSMETICS, HAIR LOTIONS, DENTIFRICES, PARTICULARLY PRODUCTS FOR HYGIENE PERSONAL, NAMELY, TALCS, PERFUMES, COLOGNES, WATERS FOR TOILET, OILS FOR BODY, BODY LOTIONS, BODY CREAMS, ~***~ HERBALIFE INTERNATIONAL, INC (United States of America) App
1995-000639 Reg P189039
VE-45 Q5 ASMERA Venezuela REGISTRATION (REGISTERED) 3 INLCUYE: PREPARACIONES PARA BLANQUEAR Y OTRA SSUSTANCIAS PARA LA COLADA, PREPARCIONES
PARA LIMPIAR, PULIR, DESENGRASAR Y RASPAR, JABONES, PERFUMERIA, ACEITES ESENCIALES, COSMETICOS, LOCIONES PARA EL CABELLO,, DENTIFRICOS, PARTICULARMENTE PRODUCTOS PARA LA HIGIENE PERSONAL, A SABER, TALCOS, PERFUMES, COLONIAS, AGUAS PARA EL TOCADOR,
ACEITES PARA EL CUERPO, LOCIONES PARA EL CUERPO, CREMAS PARA EL CUERPO, JABONES, DESODORANTES.
Goods and Services Computerised Translation:
~INLCUYE~: BLEACHING PREPARATIONS AND OTHER ~SSUSTANCIAS~ FOR LAUNDRY, PREPARING FOR CLEANING, POLISHING, DEGREASING AND SCRAPING, SOAPS, PERFUMERY, ESSENTIAL OILS, COSMETICS, HAIR
LOTIONS, DENTIFRICES, PARTICULARLY PRODUCTS FOR HYGIENE PERSONAL, NAMELY, TALCS, PERFUMES, COLOGNES, WATERS FOR TOILET, OILS FOR BODY, BODY LOTIONS, BODY CREAMS, SOAPS, DEODORANTS. HERBALIFE INTERNACIONAL, INC (United States of America) App
1995-000641 Reg P189040
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
VE-46 Q5 SEAWARD Venezuela REGISTRATION (REGISTERED) 3
INCLUYE: TODOS LOS PRODUCTOS DE LA CLASE, ESPECIFICAMENTE PREPARACIONES PARA BLANQUEAR Y OTRAS SUSTANCIAS PARA LA COLADA, PREPARACIONES PARA LIMPIAR, PULIR, DESENGRASAR Y RASPAR, JARABE, PERFUMERIA, ACEITES ESENCIALES, COSMETICOS, LOCIONES PARA EL
CABELLO, DENTRIFICOS, EN
PARTICULAR, TALCOS, PERFUMES, COLONIAS, AGUAS DE TOCADOR, ACEITES PARA EL CUERPO, LOCIONES CORPORALES, JABONES, DESODORANTES Y BALSAMOS
PARA DESPUES DE LA AFEITADA.
Goods and Services Computerised Translation: INCLUDED: ALL PRODUCTS OF CLASSES, SPECIFIC BLEACHING PREPARATIONS AND OTHER SUBSTANCES
FOR LAUNDRY USE, PREPARATIONS FOR CLEANING, POLISHING, DEGREASING AND SCRAPING, SYRUP, PERFUMERY, ESSENTIAL OILS, COSMETICS, HAIR LOTIONS, DENTIFRICE, IN PARTICULAR, TALCS, PERFUMES, COLOGNES, TOILET-WATERS, OILS FOR BODY, BODY LOTIONS, SOAPS,
DEODORANTS AND BALM FOR AFTER OF SHAVING. HERBALIFE INTERNACIONAL, INC (United States of America) App 1994-016480 Reg P187951
VE-47 Q5 AROMAVIE Venezuela
REGISTRATION (REGISTERED) 4 TODOS LOS PRODUCTOS DE LA CLASE, ESPECIFICAMENTE ACEITES Y GRASAS INDUSTRIALES, PRODUCTOS PARA ABSORBER, REGAR Y CONCENTRAR EL POLVO, COMBUSTIBLES (INCLUIDAS LA GASOLINA PARA MOTORES) Y MATERIALES DE ALUMBRADO, BUJIAS,
MECHAS Y PARTICULARMENTE VELAS. Goods and Services Computerised Translation: ALL PRODUCTS OF CLASSES, SPECIFIC OILS AND INDUSTRIAL GREASE, PRODUCTS FOR ABSORBING, WATERING AND COLLECTING DUST, FUELS (INCLUDING PETROL FOR ENGINES) AND MATERIALS OF
LIGHTING, BOUGIES, WICKS AND PARTICULARLY CANDLES. HERBALIFE INTERNATIONAL, INC (United States of America) App 1994-015864 Reg P187788
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
VE-48 Q5 AROMAVIE Venezuela REGISTRATION (REGISTERED) 3
NCLUYE: TODOS LOS PRODUCTOS DE LA CLASE, ESPECIFICAMENTE PREPARACIONES PARA BLANQUEAR Y OTRAS SUSTANCIAS PARA LA COLADA, PREPARACIONES PARA LIMPIAR, PULIR, DESENGRASAR Y RASPAR, JABONES, PERFUMERIA, ACEITES ESENCIALES, COSMETICOS,LOCIONES PARA EL
CABELLO, DENTRIFICOS Y EN PARTICULAR HUMECTANTES, ACEITES ESENCIALES, COSMETICOS, LOCIONES PARA EL CABELLO, DENTRIFICOS Y EN PARTICULAR HUMECTANTES, ACEITES PARA USAR DURANTE EL BAÑO, SALES PARA EL BAÑO, JABONES Y G
Goods and Services Computerised Translation: INCLUDED: ALL PRODUCTS OF CLASSES, SPECIFIC BLEACHING PREPARATIONS AND OTHER SUBSTANCES FOR LAUNDRY USE, PREPARATIONS FOR CLEANING,
POLISHING, DEGREASING AND SCRAPING, SOAPS, PERFUMERY, ESSENTIAL OILS, COSMETICS, HAIR LOTIONS, DENTIFRICE AND AT PARTICULAR MOISTURISERS, ESSENTIAL OILS, COSMETICS, HAIR LOTIONS, DENTIFRICE AND AT PARTICULAR
MOISTURISERS, OILS FOR USING DURING BAÑ OR, SALTS FOR BAÑ OR, SOAPS AND G HERBALIFE INTERNATIONAL, INC. (United States of America) App 1994-015856 Reg P187785
VE-5 Q5 HERBALIFE NUTRITION CLUB Venezuela REGISTRATION (REGISTERED) 35 SERVICIOS PARA PROVEER INFORMACIONES SOBRE LAS OPERACIONES DE EMPRESAS PEQUEÑAS.
Goods and Services Computerised Translation: SERVICES FOR DECIDE INFORMATION ON OPERATIONS OF SMALL BUSINESSES. HERBALIFE INTERNACIONAL INC., (United States of
America) App 2006-025606 Reg S035238
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
VE-50 Q5 PINSTRIPE Venezuela REGISTRATION (REGISTERED) 3
TODOS LOS PRODUCTOS DE LA CLASE, ESPECIFICAMENTE PREPARACIONES PARA BLANQUEAR Y OTRAS SUTANCIAS PARA LA COLADA, PREPARACIONES PARA LIMPIAR, PULIR, DESENGRASAR Y RASPAR, JABONES, PERFUMERIA, ACEITES ESENCIALES, COSMETICOS, LOCIONES PARA EL CABELLO,
DENTRIFICOS, EN ESPECIAL PRODUCTOS PARA LA HIGIENE PERSONAL, TALES COMO: TALCO, PERFUMES, COLONIAS, AGUAS DE COLONIAS, ACEITES PARA EL CUERPO, LOCIONES PARA EL CUERPO, DESODORANTES Y BALSAMOS PARA DESPUES DE LA AFEITADA.
Goods and Services Computerised Translation: ALL PRODUCTS OF CLASSES, SPECIFIC BLEACHING PREPARATIONS AND OTHER
~SUTANCIAS~ FOR LAUNDRY, PREPARATIONS FOR CLEANING, POLISHING, DEGREASING AND SCRAPING, SOAPS, PERFUMERY, ESSENTIAL OILS, COSMETICS, HAIR LOTIONS, DENTIFRICE, ESPECIALLY PRODUCTS
FOR HYGIENE
PERSONAL, AS: TALC, PERFUMES, COLOGNES, WATERS THAN COLOGNES, OILS FOR BODY, BODY LOTIONS, DEODORANTS AND BALM FOR AFTER OF SHAVING. HERBALIFE
INTERNATIONAL INC (United States of America) App 1994-014457 Reg P187372
VE-54 Q5 ZILLION Venezuela REGISTRATION (REGISTERED) 3 PREPARACIONES PARA BLANQUEAR Y
OTRAS SUSTANCIAS PARA LA COLADA; PREPARACIONES PARA LIMPIAR, PULIR, DESENGRASAR Y RASPAR, JABONES, PERFUMERIA, ACEITES ESENCIALES, COSMETICOS, LOCIONES PARA EL CABELLO, DENTRIFICOS, ESPECIALMENTE PRODUCTOS PARA HIGIENE PERSONAL, TALES COMO:
PERFUMES, COLONIAS, AGUAS DE COLONIA, TALCOS, ACEITES PARA EL CUERPO, LOCIONES PARA EL CUERPO, CREMAS PARA EL CUERPO, ACEITES USADOS DURANTE EL BAÑO, DESODORANTES, CREMAS Y BALSAMOS PARA DESPUES DE ***
Goods and Services Computerised Translation: BLEACHING PREPARATIONS AND OTHER SUBSTANCES FOR WASHING; PREPARATIONS FOR CLEANING, POLISHING, DEGREASING AND
SCRAPING, SOAPS, PERFUMERY, ESSENTIAL OILS, COSMETICS, HAIR LOTIONS, DENTIFRICE, SPECIALLY PRODUCTS FOR HYGIENE PERSONAL, AS: PERFUMES, COLOGNES, TOILET WATERS, TALCS, OILS FOR
BODY, BODY LOTIONS, BODY CREAMS, USED OILS DURING BAÑ OR, DEODORANTS, CREAMS AND BALM FOR AFTER
~***~ HERBALIFE INTERNATIONAL INC (United States of America)
App 1994-014103 Reg P187255
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
VE-59 Q5 OCEAM CURRENTS Venezuela REGISTRATION
(REGISTERED) 3 INCLUYE: PRODUCTOS PARA EL CUIDADO DE LA PIEL, A SABER, HUMECTANTES, TONIFICADORES, ASTRIGENTES, MASCARAS FACIALES, CREMAS FACIALES, CREAMAS PARA LOS OJOS, LOCIONES PARA EL CUERPO, ACEITES Y GELS PARA EL BAÑO 2)EXCLUYE: TODOS
LOS PRODUCTOS DE
LA CLASE MENOS LOS MENCIONADOS EN EL NÚ 1
Goods and
Services Computerised Translation: INCLUDED: SKINCARE PRODUCTS, NAMELY, MOISTENING AGENTS, TONERS, ~ASTRIGENTES~, FACIAL MASKS, FACIAL CREAM, ~CREAMAS~ FOR THE EYES, BODY LOTIONS, OILS AND GELS FOR BAÑ OR 2)~EXCLUYE~: ALL GOODS OF CLASSES
EXCEPT AFORE-MENTIONED INTO NU 1 HERBALIFE INTERNACIONAL, INC (United States of America) App 1994-010053 Reg P186106
VE-6 Q5 Design Only Venezuela REGISTRATION
(REGISTERED) 30 TE, NUECES DE SOYA, GOLOSINAS EN FORMA DE BARRAS.
Goods and Services Computerised Translation: TEA, NUTS THAN ~SOYA~, CONFECTIONS IN FORM OF BARS.
HERBALIFE INTERNATIONAL, INC. (United States of America) App 2006-007596 Reg P282080
VE-7 Q5 Design Only Venezuela REGISTRATION (REGISTERED) 32 PREPARACIONES PARA
BEBIDAS NO ALCOHOLICAS Y BEBIDAS NO ALCOHOLICAS. Goods and Services Computerised Translation: PREPARATIONS FOR NON ALCOHOLIC BEVERAGES AND NON ALCOHOLIC BEVERAGES. HERBALIFE INTERNATIONAL, INC (United States of America) App 2006-007595 Reg P282079
VE-88 Q5 APR Venezuela REGISTRATION (REGISTERED) 31 ALIMENTOS E INGREDIENTES ALIMENTICIOS. Goods and Services Computerised Translation: FOODS AND FOOD INGREDIENTS.
HERBALIFE INTERNATIONAL (Venezuela) App 1992-801933 Reg F168646
VE-9 Q5 Design Only Venezuela REGISTRATION (REGISTERED) 21 MEZCLADORES MANUALES.
Goods and Services Computerised Translation:
SHAKERS. HERBALIFE INTERNATIONAL, INC (United
States of America) App 2006-007599 Reg P282082
VE-90 Q5 APR Venezuela REGISTRATION (REGISTERED) 30 ALIMENTOS E INGREDIENTES ALIMENTICIOS. Goods and Services
Computerised Translation: FOODS AND FOOD INGREDIENTS. HERBALIFE INTERNATIONAL (Venezuela) App 1992-901933 Reg F168645
VE-93 Q5 APR Venezuela REGISTRATION
(REGISTERED) 29 ALIMENTOS E INGREDIENTES ALIMENTICIOS. Goods and Services Computerised Translation: FOODS AND FOOD INGREDIENTS. HERBALIFE INTERNATIONAL (United States of America) App 1992-001933 Reg F168644
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Goods and Services Owner Name Application
Number
Registration
Number
VE-95 Q5 HERBALIFE Venezuela APPLICATION (PENDING) 1 2 3
4 5 6 7 8 9
10 11 12 13 14 15
16 17 18 19 20 21
22 23 24 25 26 27
28 29 30 31 32 33
34 35 36 37 38 39
40 41 42 43 44 45 UNA EMPRESA Y SUS ESTABLECIMIENTOS DEDICADOS A PRESTAR
SERVICIOS DE ENTRENAMIENTOS DE PERSONAL, A LA PRODUCCION, FABRICACION, COMPRA-VENTA, DISTRIBUCION, EXPORTACION E IMPORTACION DE ALIMENTOS E INGREDIENTES ALIMENTICIOS, AGUAS MINERALES, GASEOSAS, NATURALES Y ARTIFICIALES; SUSTANCIAS QUIMICAS,
PREPARACIONES FARMACEUTICAS, PERFUMERIA; LIBRO Y PUBLICACIONES DE TODO GENERO, ASI COMO A TODA ACTIVIDAD CONEXA CON EL RAMO ANTERIORMENTE MENCIONADO.
Goods and Services Computerised Translation: A COMPANY AND THEIR OUTLETS FOR LOAN SERVICES FOR TRAININGS THAN PERSONNEL, TO PRODUCTION, MANUFACTURE, TRADE, DISTRIBUTION, EXPORT AND
IMPORTS THAN FOODSTUFFS AND FOOD INGREDIENTS, MINERAL WATERS, AERATED, NATURAL. AND ARTIFICIAL; CHEMICAL SUBSTANCES, PHARMACEUTICAL PREPARATIONS, PERFUMERY; BOOK AND PUBLICATIONS OF ALL GENUS, AS IN ALL ACTIVITY RELATED WITH FIELD PREVIOUSLY
AFORESAID. HERBALIFE INTERNATIONAL (United States of America) App 1992-001937
VN-1 Q5 HERBALIFE24 Vietnam APPLICATION (PENDING) 5 29 32 Herbalife International,
Inc. (United States of America) App 4201413487
Trademark Schedule2015 Additions
Hit No. Query Citation Source Status Class Owner Name Application
Number Registration
Number
VN-2 Q5 24 Vietnam APPLICATION (PENDING) 5 29 32 Herbalife
International, Inc. (United States of America) App 4201413486
VN-3 Q5 HERBALIFE NUTRITION Vietnam APPLICATION (PENDING) 5 35 Herbalife International, Inc. (United
States of America) App 4201412378
Schedule 5.25 Mortgaged Real Properties
Property Address :
Industrial Property
3200 Temple School Rd.
Winston-Salem, Forsyth County, North Carolina 27107
Location:
The subject is located in the southeastern area of Winston-Salem between Interstate 40 and U.S.
Highway 311.
Land Use:
The area is suburban to rural in character and approximately 65% developed. Land uses immediately surrounding the subject are predominantly residential, institutional, industrial, and vacant land.
Schedule 6.16
Conditions Subsequent
| 1. | Within 30 days after the Closing Date, the Loan Parties shall have delivered, or caused to be delivered, to the Administrative Agent and Collateral Agent a supplement to the Perfection Certificate delivered to the Administrative Agent and Collateral Agent on the Closing Date, containing an updated version of Schedule II.D therein which shall have been completed with information not available on the Closing Date regarding the Equity Interests of the Subsidiaries of the Loan Parties, in form and substance reasonably satisfactory to the Administrative Agent, and duly executed by the Borrowers. |
| 2. | Within 60 days after the Closing Date, the Loan Parties shall have delivered, or caused to be delivered, to the Collateral Agent certificates representing the certificated Equity Interests of each Subsidiary, accompanied by undated stock powers and/or share transfer forms executed in blank, in each case in form and substance reasonably satisfactory to the Collateral Agent, which are pledged to the Collateral Agent for the benefit of the Secured Parties pursuant to the Collateral Documents but which are not in the possession of the Collateral Agent. |
SCHEDULE 10.02
ADMINISTRATIVE AGENTS OFFICE; CERTAIN ADDRESSES FOR NOTICES
Company and other Borrowers
SEC Website for Posting of Financial Statements and Other Filings:
http://www.sec.gov/edgar.shtml
Addresses:
Richard Caloca
Vice President, Treasurer
HERBALIFE LTD.
990 West 190th Street
Torrance, CA 90502
Phone: 310.851.2300
Fax: 310.767.3328
Email: richardc@herbalife.com
U.S. Taxpayer ID # of Company and Domestic Guarantors:
|
Entity |
Taxpayer Id# |
|
|
Herbalife International, Inc., a Nevada corporation |
22-2695420 | |
|
Herbalife International of America, Inc., a Nevada corporation |
95-3954565 | |
|
Herbalife International Do Brasil Ltda, a corporation dually organized in Brazil and Delaware |
52-1951822 | |
|
Herbalife Korea Co., Ltd., a corporation dually organized in the Republic of Korea and Delaware |
98-0165848 | |
|
Herbalife Taiwan, Inc., a California corporation |
95-4534645 | |
|
Herbalife Venezuela Holdings, LLC, a Delaware limited liability company |
47-1845878 | |
|
Herbalife Manufacturing LLC, a Delaware limited liability company |
27-0498511 | |
ADMINISTRATIVE AGENT:
Administrative Agent & Swingline Lender Office
(For financial/loan activity advances, pay down, interest/fee billing and payments, rollovers, rate-settings):
Jared McClure
Bank of America
Mail Code: TX1-492-14-12
BANK OF AMERICA PLAZA
901 MAIN ST
DALLAS TX 75202-3714
Phone: 1.972.338.3806
Fax: 1.214.290.9413
Email: jared.l.mcclure@baml.com
Remittance Instructions:
Bank of America, N.A. ABA # 026009593
New York, NY
Account # 1292000883
Attn: Corporate Credit Services
Ref: Herbalife International, Inc.
LC Issuers Office
(For fee payments due LC Issuer only and new LC requests and amendments):
Trade Operations
1 Fleet Way
Mail Code: PA6-580-02-30
Scranton, PA 18507
Attention: Charles Herron
Telephone: 570. 496.9564
Telecopier: . 800.755.8743
Electronic Mail: charles.p.herron@baml.com
Remittance Instructions :
Bank of America, N.A., Scranton, PA
ABA #: 026-009-593 New York, NY
Account #: 04535-883980
Attn: Scranton Standby
Ref: Herbalife International Inc & LC #
Other Notices as Administrative Agent
(For financial statements, compliance certificates, maturity extension and commitment change notices, amendments, consents, vote taking, etc)
Bank of America Plaza
Mail Code: IL4-135-09-61
135 S LaSalle St
Chicago, IL 60603
Attention: Angela Larkin
Telephone: 312.828.3882
Telecopier: 877.206.8409
Electronic Mail: angela.larkin@baml.com
EXHIBIT A
FORM OF COMMITTED LOAN NOTICE
Date: ,
To: Bank of America, N.A., as Administrative Agent
Ladies and Gentlemen:
Reference is made to that certain Second Amended and Restated Credit Agreement, dated as of May 4, 2015 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the Agreement ; the terms defined therein being used herein as therein defined), among Herbalife International, Inc., a Nevada corporation (the Company ), Herbalife Ltd., a Cayman Islands exempted company with limited liability ( Holdings ), Herbalife International Luxembourg S.à r.l., a Luxembourg private limited liability company ( société à responsabilité limitée ), having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, having a share capital of EUR 25,000 and registered with the Luxembourg Register of Commerce and Companies under number B 88.006 ( HIL ), certain Subsidiaries of Holdings party thereto pursuant to Section 2.14 thereof (each a Designated Borrower and, together with the Company, Holdings and HIL, the Borrowers and, each a Borrower ), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.
[The Company][Holdings][HIL] hereby requests, on behalf of itself or, if applicable, the Designated Borrower referenced in item 6 below (the Applicable Designated Borrower ) (select one):
A Borrowing of Committed Loans
A conversion or continuation of Loans
| 1. | On (a Business Day). |
| 2. | In the amount of . |
| 3. | Comprised of [ Insert Type of Loan (e.g. Base Rate Loans or Eurocurrency Rate Loans) ] that are [Revolving Credit Loans] [Term A Loans]. |
| 4. | In the following currency: . |
| 5. | For Eurocurrency Rate Loans: with an Interest Period of months. |
| 6. | [On behalf of [ insert name of applicable Designated Borrower ].] |
A-1
Form of Committed Loan Notice
The Committed Borrowing, if any, requested herein complies with the provisos to the first sentence of Section 2.01 of the Agreement. The undersigned hereby certifies that the following statements are true on the date hereof, and will be true on the above date, before and after giving effect and to the application of the proceeds of the Borrowing requested hereby:
(a) the representations and warranties of (i) the Borrowers contained in Article V of the Agreement and (ii) each Loan Party contained in each other Loan Document or in any document furnished at any time under or in connection with the Agreement or such other Loan Document are true and correct in all material respects (except that any representation or warranty that is qualified by materiality or Material Adverse Effect is true and correct in all respects) on and as of the date hereof, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except that any representation or warranty that is qualified by materiality or Material Adverse Effect is true and correct in all respects) as of such earlier date; and
(b) no Default exists or would result from such proposed Credit Extension or the application of the proceeds thereof.
| [HERBALIFE INTERNATIONAL, INC.] | ||
| [HERBALIFE LTD.] [HERBALIFE | ||
| INTERNATIONAL LUXEMBOURG S.À R.L.] | ||
|
By: |
|
|
|
Name: |
|
|
|
Title: |
|
|
A-2
Form of Committed Loan Notice
EXHIBIT B
FORM OF SWING LINE LOAN NOTICE
Date: ,
| To: | Bank of America, N.A., as Swing Line Lender |
| Bank of America, N.A., as Administrative Agent |
Ladies and Gentlemen:
Reference is made to that certain Second Amended and Restated Credit Agreement, dated as of May 4, 2015 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the Agreement; the terms defined therein being used herein as therein defined), among Herbalife International, Inc., a Nevada corporation (the Company ), Herbalife Ltd., a Cayman Islands exempted company with limited liability ( Holdings ), Herbalife International Luxembourg S.à r.l., a Luxembourg private limited liability company ( société à responsabilité limitée ), having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, having a share capital of EUR 25,000 and registered with the Luxembourg Register of Commerce and Companies under number B 88.006 ( HIL ), certain Subsidiaries of Holdings party thereto pursuant to Section 2.14 thereof (each a Designated Borrower and, together with the Company, Holdings and HIL, the Borrowers and, each a Borrower ), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.
The undersigned hereby requests a Swing Line Loan:
| 1. | On (a Business Day). |
| 2. | In the amount of $ . |
The Swing Line Borrowing requested herein complies with the requirements of the provisos to the first sentence of Section 2.04(a) of the Agreement. The undersigned hereby certifies that the following statements are true on the date hereof, and will be true on the above date, before and after giving effect and to the application of the proceeds of the Borrowing requested hereby:
(a) the representations and warranties of (i) the Borrowers contained in Article V of the Agreement and (ii) each Loan Party contained in each other Loan Document or in any document furnished at any time under or in connection with the Agreement or such other Loan Document are true and correct in all material respects (except that any representation or warranty that is qualified by materiality or Material Adverse Effect is true and correct in all respects) on and as of the date hereof, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except that any representation or warranty that is qualified by materiality or Material Adverse Effect is true and correct in all respects) as of such earlier date; and
(b) no Default exists or would result from such proposed Credit Extension or the application of the proceeds thereof.
B-1
Form of Swing Line Loan Notice
| HERBALIFE INTERNATIONAL, INC. | ||
|
By: |
|
|
|
Name: |
|
|
|
Title: |
|
|
B-2
Form of Swing Line Loan Notice
EXHIBIT C
FORM OF REVOLVING CREDIT NOTE
FOR VALUE RECEIVED, the undersigned ([the Company ][ Holdings ][ HIL ]) hereby promises to pay to or its registered assigns (the Lender ), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of each Revolving Credit Loan from time to time made by the Lender to [the Company][Holdings][HIL] under that certain Second Amended and Restated Credit Agreement, dated as of May 4, 2015 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the Agreement ; the terms defined therein being used herein as therein defined), among Herbalife International, Inc., a Nevada corporation (the Company ), Herbalife Ltd., a Cayman Islands exempted company incorporated with limited liability, with registered number 116838 ( Holdings ), Herbalife International Luxembourg S.à r.l., a Luxembourg private limited liability company ( société à responsabilité limitée ), having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, having a share capital of EUR 25,000 and registered with the Luxembourg Register of Commerce and Companies under number B 88.006 ( HIL ), certain Subsidiaries of Holdings party thereto pursuant to Section 2.14 thereof (each a Designated Borrower and, together with the Company, Holdings and HIL, the Borrowers and, each a Borrower ), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.
[The Company][Holdings][HIL] promises to pay interest on the unpaid principal amount of each Revolving Credit Loan from the date of such Revolving Credit Loan until such principal amount is paid in full, at such interest rates and at such times as provided in the Agreement. Except as otherwise provided in Section 2.04(f) of the Agreement with respect to Swing Line Loans, all payments of principal and interest shall be made to the Administrative Agent for the account of the Lender in the currency in which such Revolving Credit Loan was denominated and in Same Day Funds at the Administrative Agents Office for such currency. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum rate set forth in the Agreement.
This Note is one of the Notes referred to in the Agreement, is entitled to the benefits thereof and may be prepaid in whole or in part subject to the terms and conditions provided therein. This Note is also entitled to the benefits of the Guaranties and is secured by the Collateral. Upon the occurrence and continuation of one or more of the Events of Default specified in the Agreement, all amounts then remaining unpaid on this Note shall become, or may be declared to be, immediately due and payable all as provided in the Agreement. Revolving Credit Loans made by the Lender shall be evidenced by one or more loan accounts or records maintained by the Lender in the ordinary course of business. The Lender may also attach schedules to this Note and endorse thereon the date, amount, currency and maturity of its Revolving Credit Loans and payments with respect thereto.
[The Company][Holdings][HIL], for itself, its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand, dishonor and non-payment of this Note.
C-1
Form of Note
THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
| [HERBALIFE INTERNATIONAL, INC.] | ||
| [HERBALIFE LTD.] | ||
| [HERBALIFE INTERNATIONAL LUXEMBOURG S.À R.L.] | ||
| [OR] | ||
| [APPLICABLE DESIGNATED BORROWER] | ||
| By: |
|
|
| Name: |
|
|
| Title: |
|
|
C-2
Form of Note
REVOLVING CREDIT LOANS AND PAYMENTS WITH RESPECT THERETO
| Date |
Type of
Loan Made |
Currency
and Amount of Loan Made |
End of
Interest Period |
Amount of
Principal or Interest Paid This Date |
Outstanding
Principal Balance This Date |
Notation
Made By |
||||||
C-3
Form of Note
FORM OF TERM A NOTE
FOR VALUE RECEIVED, the undersigned ( Holdings ) hereby promises to pay to or its registered assigns (the Lender ), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of the Term A Loan made by the Lender to Holdings under that certain Second Amended and Restated Credit Agreement, dated as of May 4, 2015 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the Agreement ; the terms defined therein being used herein as therein defined), among Herbalife International, Inc., a Nevada corporation (the Company ), Herbalife Ltd., a Cayman Islands exempted company incorporated with limited liability, with registered number 116838 ( Holdings ), Herbalife International Luxembourg S.à r.l., a Luxembourg private limited liability company ( société à responsabilité limitée ), having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, having a share capital of EUR 25,000 and registered with the Luxembourg Register of Commerce and Companies under number B 88.006 ( HIL ), certain Subsidiaries of Holdings party thereto pursuant to Section 2.14 thereof (each a Designated Borrower and, together with the Company, Holdings and HIL, the Borrowers and, each a Borrower ), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.
Holdings promises to pay interest on the unpaid principal amount of the Term A Loan made by the Lender from the date of such Term A Loan until such principal amount is paid in full, at such interest rates and at such times as provided in the Agreement. All payments of principal and interest shall be made to the Administrative Agent for the account of the Lender in Dollars and in Same Day Funds at the Administrative Agents Office for Dollars. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum rate set forth in the Agreement.
This Note is one of the Notes referred to in the Agreement, is entitled to the benefits thereof and may be prepaid in whole or in part subject to the terms and conditions provided therein. This Note is also entitled to the benefits of the Guaranties and is secured by the Collateral. Upon the occurrence and continuation of one or more of the Events of Default specified in the Agreement, all amounts then remaining unpaid on this Note shall become, or may be declared to be, immediately due and payable all as provided in the Agreement. The Term A Loan made by the Lender shall be evidenced by one or more loan accounts or records maintained by the Lender in the ordinary course of business. The Lender may also attach schedules to this Note and endorse thereon the date, amount, currency and maturity of its Term A Loan and payments with respect thereto.
Holdings, for itself, its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand, dishonor and non-payment of this Note.
THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
C-4
Form of Note
| HERBALIFE LTD. | ||
| By: |
|
|
| Name: |
|
|
| Title: |
|
|
C-5
Form of Note
TERM A LOANS AND PAYMENTS WITH RESPECT THERETO
| Date |
Type of
Loan Made |
Currency
and Amount of Loan Made |
End of
Interest Period |
Amount of
Principal or Interest Paid This Date |
Outstanding
Principal Balance This Date |
Notation
Made By |
||||||
C-6
Form of Note
EXHIBIT D
FORM OF COMPLIANCE CERTIFICATE
Financial Statement Date: ,
| To: | Bank of America, N.A., as Administrative Agent |
Ladies and Gentlemen:
Reference is made to that certain Second Amended and Restated Credit Agreement, dated as of May 4, 2015 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the Agreement ; the terms defined therein being used herein as therein defined), among Herbalife International, Inc., a Nevada corporation (the Company ), Herbalife Ltd., a Cayman Islands exempted company with limited liability ( Holdings ), Herbalife International Luxembourg S.à r.l., a Luxembourg private limited liability company ( société à responsabilité limitée ), having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, having a share capital of EUR 25,000, registered with the Luxembourg Register of Commerce and Companies under number B 88.006 ( HIL ), certain Subsidiaries of Holdings party thereto pursuant to Section 2.14 (each a Designated Borrower and, together with the Company, Holdings and HIL, the Borrowers and, each a Borrower ), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.
The undersigned Responsible Officer hereby certifies as of the date hereof that he/she is the 1 of Holdings, and that, as such, he/she is authorized to execute and deliver this Certificate to the Administrative Agent on the behalf of Holdings, and that:
[Use following paragraph 1 for fiscal year-end financial statements]
1. Holdings has delivered the year-end audited financial statements required by Section 6.01(a) of the Agreement for the fiscal year of Holdings ended as of the above date, together with the opinion of an independent certified public accountant and a managements discussion and analysis of the financial condition and results of operations for such fiscal year, each as required by such section.
[Use following paragraph 1 for fiscal quarter-end financial statements]
1. Holdings has delivered the unaudited financial statements required by Section 6.01(b) of the Agreement for the fiscal quarter of Holdings ended as of the above date. Such financial statements fairly present the financial condition, results of operations and cash flows of Holdings and its Subsidiaries in accordance with GAAP as at such date and for such period, subject only to normal year-end audit adjustments and the absence of footnotes.
| 1 | Chief executive officer, chief financial officer, treasurer or controller. |
D-1
Form of Compliance Certificate
2. The undersigned has reviewed and is familiar with the terms of the Agreement and has made, or has caused to be made under his/her supervision, a detailed review of the transactions and condition (financial or otherwise) of Holdings during the accounting period covered by such financial statements.
3. A review of the activities of the Borrowers during such fiscal period has been made under the supervision of the undersigned with a view to determining whether during such fiscal period each Borrower performed and observed all its Obligations under the Loan Documents, and
[select one:]
[to the best knowledge of the undersigned, as of the date of the enclosed financial statements, no Default has occurred and is continuing.]
[or]
[to the best knowledge of the undersigned, as of the date of the enclosed financial statements the Company is not in compliance with certain covenants or conditions and the following is a list of each such Default and its nature and status:]
4. The financial covenant analyses and information set forth on Schedules 1 and 2 attached hereto are true and accurate on and as of the date of this Certificate.
5. In accordance with Section 6.15 of the Credit Agreement, the undersigned hereby certifies as follows:
(a) the aggregate (without duplication) Loan Party Consolidated EBITDA for the most recently ended four fiscal quarter period attributable to the Loan Parties as a group [is] [is not] less than 80.0% of the Consolidated EBITDA of Holdings and its Subsidiaries on a consolidated basis for such four fiscal quarter period of Holdings ended as of the above date; and
(b) the aggregate (without duplication) Loan Party Assets of the Loan Parties as a group as of the last day of the most recently ended fiscal quarter [is] [is not] less than 80.0% of total assets of Holdings and its Subsidiaries on a consolidated basis as of the last day of such fiscal quarter.
IN WITNESS WHEREOF , the undersigned has executed this Certificate as of , .
| HERBALIFE LTD. | ||
| By: |
|
|
| Name: |
|
|
| Title: |
|
|
D-2
Form of Compliance Certificate
SCHEDULE 1
to the Compliance Certificate
($ in 000s)
|
I. |
Section 7.11 (a) Consolidated Coverage Ratio. |
|||||||||
|
A. |
Consolidated EBITDA for four consecutive fiscal quarters ending on the above date ( Subject Period ): | |||||||||
|
1. |
Consolidated Net Income for Subject Period: |
$ | ||||||||
|
|
|
|||||||||
|
2. |
Consolidated Interest Expense for Subject Period: |
$ | ||||||||
|
|
|
|||||||||
|
3. |
Provision for income taxes for Subject Period: |
$ | ||||||||
|
|
|
|||||||||
|
4. |
Depreciation for Subject Period: |
$ | ||||||||
|
|
|
|||||||||
|
5. |
Amortization expenses for Subject Period (including amortization of deferred fees and the accretion of original issue discount): |
$ | ||||||||
|
|
|
|||||||||
|
6. |
All other noncash items subtracted in determining Consolidated Net Income (including any noncash charges and noncash equity based compensation expenses related to any grant of stock, stock options or other equity-based awards (including, without limitation, restricted stock units or stock appreciation rights) of Holdings or any of its Subsidiaries recorded under GAAP, noncash charges related to warrants or other derivative instruments classified as equity instruments that will result in equity settlements and not cash settlements, and noncash losses or charges related to impairment of goodwill and other intangible assets and excluding any noncash charge that results in an accrual of a reserve for cash charges in any future period) for Subject period: |
$ | ||||||||
|
|
|
|||||||||
|
7. |
Nonrecurring expenses and charges for Subject Period: |
$ | ||||||||
|
|
|
|||||||||
|
8. |
Fees and expenses incurred in connection with the incurrence, prepayment, amendment, or refinancing of Indebtedness (including in connection with (i) the negotiation and documentation of the Agreement and the other Loan Documents and any amendments or waivers thereof and (ii) the on-going compliance with the Agreement and the other Loan Documents) for Subject Period: |
$ | ||||||||
|
|
|
|||||||||
D-3
Form of Compliance Certificate
|
Four Fiscal Quarters Ending as of |
Maximum Consolidated Total
Leverage Ratio |
|
|
Each fiscal quarter ended on or prior to December 31, 2013 |
2.50 to 1.00 | |
|
March 31, 2014 |
3.50 to 1.00 | |
|
June 30, 2014 |
3.50 to 1.00 | |
|
September 30, 2014 |
3.50 to 1.00 | |
|
December 31, 2014 |
3.50 to 1.00 | |
|
March 31, 2015 and each fiscal quarter ended thereafter |
3.25 to 1.00 | |
D-4
Form of Compliance Certificate
|
III. |
Section 7.11(c) Consolidated Cash. | |||||||||
|
A. |
Cash and cash equivalents of Holdings and its consolidated Subsidiaries of Holdings at Financial Statement Date: |
$ | ||||||||
|
|
|
|||||||||
| Minimum required: $200,000,000 | ||||||||||
D-5
Form of Compliance Certificate
EXHIBIT E-1
ASSIGNMENT AND ASSUMPTION
This Assignment and Assumption (this Assignment and Assumption ) is dated as of the Effective Date set forth below and is entered into by and between [the][each] 2 Assignor identified in item 1 below ([the][each, an] Assignor ) and [the][each] 3 Assignee identified in item 2 below ([the][each, an] Assignee). [It is understood and agreed that the rights and obligations of [the Assignors][the Assignees] 4 hereunder are several and not joint.] 5 Capitalized terms used but not defined herein shall have the meanings given to them in the Amended and Restated Credit Agreement identified below (the Credit Agreement ), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full.
For an agreed consideration, [the][each] Assignor hereby irrevocably sells and assigns to [the Assignee][the respective Assignees], and [the][each] Assignee hereby irrevocably purchases and assumes from [the Assignor][the respective Assignors], subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below (i) all of [the Assignors][the respective Assignors] rights and obligations in [its capacity as a Lender][their respective capacities as Lenders] under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount[s] and percentage interest[s] identified below of all of such outstanding rights and obligations of [the Assignor][the respective Assignors] with respect to its Commitment and the Loans outstanding under the respective facilities identified below (including, without limitation, the Letters of Credit and the Swing Line Loans included in such facilities) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of [the Assignor (in its capacity as a Lender)][the respective Assignors (in their respective capacities as Lenders)] against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned pursuant to clause (i) above (the rights and obligations sold and assigned by [the][any] Assignor to [the][any] Assignee pursuant to clauses (i) and (ii) above being referred to herein collectively as [the][an] Assigned Interest ). Each such sale and assignment is without recourse to [the][any] Assignor and, except as expressly provided in this Assignment and Assumption, without representation or warranty by [the][any] Assignor.
| 2 | For bracketed language here and elsewhere in this form relating to the Assignor(s), if the assignment is from a single Assignor, choose the first bracketed language. If the assignment is from multiple Assignors, choose the second bracketed language. |
| 3 | For bracketed language here and elsewhere in this form relating to the Assignee(s), if the assignment is to a single Assignee, choose the first bracketed language. If the assignment is to multiple Assignees, choose the second bracketed language. |
| 4 | Select as appropriate. |
| 5 | Include bracketed language if there are either multiple Assignors or multiple Assignees. |
E-1
Form of Assignment and Assumption
| 1. | Assignor[s]: |
| 2. | Assignee[s]: |
[for each Assignee, indicate [Affiliate][Approved Fund] of [ identify Lender ]]
| 3. | Borrowers : Herbalife International, Inc., Herbalife Ltd., and Herbalife International Luxembourg S.à r.l. |
| 4. | Administrative Agent : Bank of America, N.A., as the administrative agent under the Credit Agreement |
| 5. | Credit Agreement : Second Amended and Restated Credit Agreement, dated as of May 4, 2015, among the Borrowers, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer, and Swing Line Lender |
| 6. | Assigned Interest[s] : |
| Assignor[s] 6 | Assignee(s) 7 |
Facility
Assigned |
Aggregate
Amount of Commitment for all Lenders 8 |
Amount of
Commitment Assigned |
Percentage
Assigned of Commitment 9 |
CUSIP
Number |
||||||||||||
| $ | $ | % | ||||||||||||||||
|
|
|
|
|
|
|
|||||||||||||
| $ | $ | % | ||||||||||||||||
|
|
|
|
|
|
|
|||||||||||||
| $ | $ | % | ||||||||||||||||
|
|
|
|
|
|
|
|||||||||||||
| [7. | Trade Date: ] 10 |
Effective Date: , 20 [TO BE INSERTED BY ADMINISTRATIVE AGENT AND WHICH SHALL BE THE EFFECTIVE RECORDATION OF TRANSFER IN THE REGISTER THEREFOR.]
| 6 | List each Assignor, as appropriate. |
| 7 | List each Assignee, as appropriate. |
| 8 | Amounts in this column and in the column immediately to the right to be adjusted by the counterparties to take into account any payments or prepayments made between the Trade Date and the Effective Date. |
| 9 | Set forth, to at least 9 decimals, as a percentage of the Commitment/Loans of all Lenders thereunder. |
| 10 | To be completed if the Assignor and the Assignee intend that the minimum assignment amount is to be determined as of the Trade Date. |
E-2
Form of Assignment and Assumption
The terms set forth in this Assignment and Assumption are hereby agreed to:
| ASSIGNOR | ||
| [NAME OF ASSIGNOR] | ||
| By: |
|
|
| Title: | ||
| ASSIGNEE | ||
| [NAME OF ASSIGNEE] | ||
| By: |
|
|
| Title: | ||
| [Consented to and] 11 Accepted: | ||
| BANK OF AMERICA, N.A ., as Administrative Agent | ||
| By: |
|
|
| Title: | ||
| [Consented to: | ||
| BANK OF AMERICA, N.A. , as L/C Issuer and as Swing Line Lender | ||
| By: |
|
|
| Title:] 12 | ||
| [Consented to: 13 | ||
| HERBALIFE LTD. , as Holdings | ||
| By: |
|
|
| Title:] | ||
| 11 | To be added only if the consent of the Administrative Agent is required by Section 10.06(b)(iii) of the Credit Agreement. |
| 12 | To be included only for assignments under the Revolving Credit Facility. |
| 13 | To be added only if the consent of Holdings is required by Section 10.06(b)(iii) of the Credit Agreement. |
E-3
Form of Assignment and Assumption
ANNEX 1 TO ASSIGNMENT AND ASSUMPTION
STANDARD TERMS AND CONDITIONS FOR
ASSIGNMENT AND ASSUMPTION
1. Representations and Warranties .
1.1. Assignor . [The][Each] Assignor (a) represents and warrants that (i) it is the legal and beneficial owner of [the][[the relevant] Assigned Interest, (ii) [the][such] Assigned Interest is free and clear of any lien, encumbrance or other adverse claim and (iii) it has full power a authority, and has taken all action necessary, to execute and deliver this Assignment and Assumption and to consummate the transactions contemplated hereby; and (b) assumes no responsibility with respect to (i) any statements, warranties or representations made in or in connection with the Credit Agreement or any other Loan Document, (ii) the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Loan Documents or any collateral thereunder, (iii) the financial condition of the Borrowers, any of their respective Subsidiaries or Affiliates or any other Person obligated in respect of any Loan Document or (iv) the performance or observance by the Borrowers, any of their respective Subsidiaries or Affiliates or any other Person of any of their respective obligations under any Loan Document.
1.2. Assignee . [The][Each] Assignee (a) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and Assumption and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (ii) it meets all the requirements to be an assignee under Section 10.06(b)(iii) , (v) , and (vi) of the Credit Agreement (subject to such consents, if any, as may be required under Section 10.06(b)(iii) of the Credit Agreement), (iii) from and after the Effective Date, it shall be bound by the provisions of the Credit Agreement as a Lender thereunder and, to the extent of [the][the relevant] Assigned Interest, shall have the obligations of a Lender thereunder, (iv) it is sophisticated with respect to decisions to acquire assets of the type represented by [the][such] Assigned Interest and either it, or the Person exercising discretion in making its decision to acquire [the][such] Assigned Interest, is experienced in acquiring assets of such type, (v) it has received a copy of the Credit Agreement, and has received or has been accorded the opportunity to receive copies of the most recent financial statements delivered pursuant to Section 6.01(a) or (b) thereof, as applicable, and such other documents and information as it deems appropriate to make its own credit analysis and decision to enter into this Assignment and Assumption and to purchase [the][such] Assigned Interest, (vi) it has, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Assignment and Assumption and to purchase [the][such] Assigned Interest, and (vii) if it is a Foreign Lender, attached hereto is any documentation required to be delivered by it pursuant to the terms of the Credit Agreement, duly completed and executed by [the][such] Assignee; and (b) agrees that (i) it will, independently and without reliance upon the Administrative Agent, [the][any] Assignor or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Loan Documents, and (ii) it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Lender.
E-4
Form of Assignment and Assumption
2. Payments . From and after the Effective Date, the Administrative Agent shall make all payments in respect of [the][each] Assigned Interest (including payments of principal, interest, fees and other amounts) to [the][the relevant] Assignor for amounts which have accrued to but excluding the Effective Date and to [the][the relevant] Assignee for amounts which have accrued from and after the Effective Date.
3. General Provisions . This Assignment and Assumption shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. This Assignment and Assumption may be executed in any number of counterparts, which together shall constitute one instrument. Delivery of an executed counterpart of a signature page of this Assignment and Assumption by telecopy shall be effective as delivery of a manually executed counterpart of this Assignment and Assumption. This Assignment and Assumption shall be governed by, and construed in accordance with, the law of the State of New York.
E-5
Form of Assignment and Assumption
EXHIBIT E-2
FORM OF ADMINISTRATIVE QUESTIONNAIRE
1
ADMINISTRATIVE QUESTIONNAIRE
(MULTICURRENCY)
CONFIDENTIAL
1. Borrower or Deal Name: Herbalife
International Inc
E-mail this document with your commitment letter to: Angela Larkin
E-mail address of recipient: Angela.larkin@baml.com
2. Legal Name of Lender of Record for
Signature Page:
Markit Entity Identifier (MEI) #:
Fund Manager Name (if
applicable):
Legal Address from Tax Document of Lender of Record:
Country:
Address:
City: State/Province: Postal Code:
3. Domestic Funding Address:
Street Address:
Suite/ Mail Code:
City:
City:
Postal Code: Country:
4. Eurodollar Funding Address (if different than #3):
Street Address:
Suite/ Mail Code:
State:
State:
Postal Code: Country:
5. Credit Contact Information:
Syndicate level information (which may contain material
non-public information about the Borrower and its related parties or their respective securities will be made available to the Credit Contact(s). The Credit Contacts identified must be able to receive such information in accordance with his/her
institutions compliance procedures and applicable laws, including Federal and State securities laws.
Primary Credit Contact:
First Name:
Middle Name:
Last Name:
Title:
Street Address:
Suite/Mail Code:
City:
State:
Postal Code:
Country:
Office Telephone #:
Office Facsimile #:
Work E-Mail Address:
SyndTrak E-Mail Address:
Secondary Credit Contact:
First Name:
Middle Name:
Last Name:
Title:
Street Address:
Suite/Mail Code:
City:
State:
Postal Code:
Country:
Office Telephone #:
Office Facsimile #:
Work E-Mail Address:
SyndTrak E-Mail Address:
Additional Syndtrak User Access:
Enter E-Mail Addresses of any respective contact who should have access to Syndtrak below.
SyndTrak E-Mail Addresses:
Primary Operations Contact:
First: MI: Last:
REV NOV 2014
Bank of America
CONFIDENTIAL
E-2- 1
Form of Administrative Questionnaire
2
ADMINISTRATIVE QUESTIONNAIRE
(MULTICURRENCY)
CONFIDENTIAL
Title:
Street Address:
Suite/ Mail Code:
City: State:
Postal Code: Country:
Telephone: Facsimile:
E-Mail Address:
SyndTrak E-Mail Address:
Secondary Operations Contact:
First: MI: Last:
Title:
Street Address:
Suite/ Mail Code:
City: State:
Postal Code: Country:
Telephone: Facsimile:
E-Mail Address:
SyndTrak E-Mail Address:
Does Secondary Operations Contact need copy of notices? YES NO
Letter of Credit Contact:
First: MI: Last:
Title:
Street Address:
Suite/ Mail Code:
City: State:
Postal Code: Country:
Telephone: Facsimile:
E-Mail Address:
Draft Documentation Contact or Legal Counsel:
First: MI: Last:
Title:
Street Address:
Suite/ Mail Code:
City: State:
Postal Code: Country:
Telephone: Facsimile:
E-Mail Address:
6. Currencies and Jurisdictions in Transaction:
PLEASE CHECK BOX OF THE CURRENCIES YOUR
INSTITUTION CAN FUND UNDER THIS TRANSACTION:
EUR
MXN
PLEASE CHECK BOX IF YOUR INSTITUTION CAN FUND UNDER THE FOLLOWING JURISDICTIONS:
Luxembourg
Cayman Islands
7. Lenders Payment Instructions:
Please input payment instructions for each respective currency referenced within Section 6 above in fields below. If your respective institution is unable to fund any of the
above currencies, please inform e-mail recipient identified in Section 1 of this Administrative Questionnaire Form immediately. If submitting payment instructions under separate cover, please identify below.
Are Lender Payment Instructions attached separately? YES NO
If NO, please complete payment
instructions on next page.
REV NOV 2014
Bank of America
CONFIDENTIAL
3
ADMINISTRATIVE QUESTIONNAIRE
(MULTICURRENCY)
CONFIDENTIAL
Currency: US Dollars
Bank Name:
ABA #:
City: State:
Account #:
Account Name:
Attention:
Currency:
Bank Name:
SWIFT #:
Country:
Account #:
Account Name:
FCC Account #:
FCC Account Name:
Attention:
Currency:
Bank Name:
SWIFT #:
Country:
Account #:
Account Name:
FCC Account #:
FCC Account Name:
Attention:
Currency:
Bank Name:
SWIFT #:
Country:
Account #:
Account Name:
FCC Account #:
FCC Account Name:
Attention:
Currency:
Bank Name:
SWIFT #:
Country:
Account #:
Account Name:
FCC Account #:
FCC Account Name:
Attention:
Currency:
Bank Name:
SWIFT #:
Country:
Account #:
Account Name:
FCC Account #:
FCC Account Name:
Attention:
Currency:
Bank Name:
SWIFT #:
Country:
Account #:
Account Name:
FCC Account #:
FCC Account Name:
Attention:
Currency:
Bank Name:
SWIFT #:
Country:
Account #:
Account Name:
FCC Account #:
FCC Account Name:
Attention:
8. Lenders Standby Letter of Credit, Commercial Letter of Credit, and
Bankers Acceptance Fed Wire Payment Instructions (if applicable):
REV NOV 2014
Bank of America
CONFIDENTIAL
4
ADMINISTRATIVE QUESTIONNAIRE
(MULTICURRENCY)
CONFIDENTIAL
Pay to:
Bank Name:
ABA #:
City: State:
Account #:
Account Name:
Attention:
Use Lenders US Dollars Wire Payment Instructions in Section #6 above? YES NO
9.
Lenders Organizational Structure and Tax Status
Please refer to the enclosed withholding tax instructions below and then complete this section accordingly:
Lender Taxpayer Identification Number (TIN): _ _-
Tax Withholding Form
Delivered to Bank of America (check applicable one):
W-9 W-8BEN W-8BEN-E W-8ECI W-8EXP W-8IMY
Tax Contact:
First: MI: Last:
Title:
Street Address:
Suite/ Mail Code:
City: State:
Postal Code: Country:
Telephone: Facsimile:
E-Mail Address:
SyndTrak E-Mail Address:
NONU.S. LENDER INSTITUTIONS
1. Corporations:
If your institution is incorporated outside of the United States for U.S. federal income tax purposes, and is the beneficial owner of the interest and other income it receives, you
must complete one of the following three tax forms, as applicable to your institution: a.) Form W-8BEN (Certificate of Foreign Status of Beneficial Owner) or Form W-8BEN-E, b.) Form W-8ECI (Income Effectively Connected to a U.S. Trade or Business),
or c.) Form W-8EXP (Certificate of Foreign Government or Governmental Agency).
A U.S. taxpayer identification number is required for any institution submitting a
Form W-8 ECI. It is also required on Form W-8BEN or Form W-8BEN for certain institutions claiming the benefits of a tax treaty with the U.S. Please refer to the instructions when completing the form applicable to your institution. In addition,
please be advised that U.S. tax regulations do not permit the acceptance of faxed forms. An original tax form must be submitted.
2. Flow-Through Entities
If your institution is organized outside the U.S., and is classified for U.S. federal income tax purposes as either a Partnership, Trust, Qualified or
Non-Qualified Intermediary, or other non-U.S. flow-through entity, an original Form
REV NOV 2014
Bank of America
CONFIDENTIAL
5
ADMINISTRATIVE QUESTIONNAIRE
(MULTICURRENCY)
CONFIDENTIAL
W-8IMY (Certificate of Foreign Intermediary,
Foreign Flow-Through Entity, or Certain U.S. branches for United States Tax Withholding) must be completed by the intermediary together with a withholding statement. Flow-through entities other than Qualified Intermediaries are required to include
tax forms for each of the underlying beneficial owners.
Please refer to the instructions when completing this form. In addition, please be advised that U.S. tax
regulations do not permit the acceptance of faxed forms. Original tax form(s) must be submitted.
U.S. LENDER INSTITUTIONS:
If your institution is incorporated or organized within the United States, you must complete and return Form W-9 (Request for Taxpayer Identification Number and Certification).
Please be advised that we require an original form W-9.
Pursuant to the language contained in the tax section of the Credit Agreement, the applicable tax form for
your institution must be completed and returned on or prior to the date on which your institution becomes a lender under this Credit Agreement. Failure to provide the proper tax form when requested will subject your institution to U.S. tax
withholding.
*Additional guidance and instructions as to where to submit this documentation can be found at this link
PDF
Tax Form Tool Kit & Mailing Instructions
10. Bank of Americas Payment Instructions:
Input or attach Bank of Americas
payment instructions for each respective currency referenced within Section 6 below.
Bank of America, N.A.
ABA # 026009593
New York, NY
Account # 1292000883
Attn: Corporate Credit Services
Ref: Herbalife International Inc
CURR CODES
CURRENCY TYPE
BENEFICIARY BANK - GCB #1207
SWIFT ADDRESS
BENEFICIARY ACCOUNT NUMBER
IBAN
CURR CODES
CURRENCY TYPE
BENEFICIARY BANK - GCB #1207
SWIFT ADDRESS
BENEFICIARY ACCOUNT NUMBER
EUR
Euro Currency
Bank of America London
BOFAGB22
96272019
GB63BOFA16505096272019
MXN
Mexican Pesos
Bank of America, Mexico
FFC BofA London
Swift Address: BOFAGB22
Attn: Grand Cayman 1207
BOFAMXMX
6008 96272051
REV NOV 2014
Bank of America
CONFIDENTIAL
EXHIBIT F
FORM OF DESIGNATED BORROWER
REQUEST AND ASSUMPTION AGREEMENT
Date: ,
| To: | Bank of America, N.A., as Administrative Agent |
Ladies and Gentlemen:
This Designated Borrower Request and Assumption Agreement is made and delivered pursuant to Section 2.14 of that certain Second Amended and Restated Credit Agreement, dated as of May 4, 2015 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the Credit Agreement ), among Herbalife International, Inc., a Nevada corporation (the Company ), Herbalife Ltd., a Cayman Islands exempted company with limited liability ( Holdings ), Herbalife International Luxembourg S.à r.l., a Luxembourg private limited liability company ( société à responsabilité limitée ), having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, having a share capital of EUR 25,000, registered with the Luxembourg Register of Commerce and Companies under number B 88.006 ( HIL , and collectively with the Company, Holdings and the Designated Borrowers from time to time party thereto, the Borrowers and, each a Borrower ), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender, and reference is made thereto for full particulars of the matters described therein. All capitalized terms used in this Designated Borrower Request and Assumption Agreement and not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement.
Each of (the Applicant Borrower ) and each Borrower hereby confirms, represents and warrants to the Administrative Agent and the Lenders that the Applicant Borrower is a Subsidiary of Holdings.
The documents required to be delivered to the Administrative Agent under Section 2.14 of the Credit Agreement will be furnished to the Administrative Agent in accordance with the requirements of the Credit Agreement.
Complete if the Designated Borrower is a Domestic Subsidiary : The true and correct U.S. taxpayer identification number of the Applicant Borrower is .
Complete if the Designated Borrower is a Foreign Subsidiary : The true and correct unique identification number that has been issued to the Applicant Borrower by its jurisdiction of organization and the name of such jurisdiction are set forth below:
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Identification Number |
Jurisdiction of Organization |
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The parties hereto hereby confirm that with effect from the date of the Designated Borrower Notice for the Applicant Borrower, the Applicant Borrower shall have obligations,
F- 1
Form of Designated Borrower Request and Assumption Agreement
duties and liabilities toward each of the other parties to the Credit Agreement identical to those which the Applicant Borrower would have had if the Applicant Borrower had been an original party to the Credit Agreement as a Borrower. Effective as of the date of the Designated Borrower Notice for the Applicant Borrower, the Applicant Borrower confirms its acceptance of, and consents to, all representations and warranties, covenants, and other terms and provisions of the Credit Agreement.
The parties hereto hereby request that the Applicant Borrower be entitled to receive Revolving Credit Loans under the Credit Agreement, and understand, acknowledge and agree that neither the Applicant Borrower nor the Company on its behalf shall have any right to request any Loans for its account unless and until the date five Business Days after the effective date designated by the Administrative Agent in a Designated Borrower Notice delivered to the Company and the Lenders pursuant to Section 2.14 of the Credit Agreement.
This Designated Borrower Request and Assumption Agreement shall constitute a Loan Document under the Credit Agreement.
THIS DESIGNATED BORROWER REQUEST AND ASSUMPTION AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.
IN WITNESS WHEREOF, the parties hereto have caused this Designated Borrower Request and Assumption Agreement to be duly executed and delivered by their proper and duly authorized officers as of the day and year first above written.
| [APPLICANT BORROWER] | ||
| By: |
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| Title: |
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HERBALIFE LTD. , as a Borrower |
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| By: |
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HERBALIFE INTERNATIONAL, INC. , as a Borrower |
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F- 2
Form of Designated Borrower Request and Assumption Agreement
| HERBALIFE INTERNATIONAL, INC. , | ||
| as a Borrower | ||
| By: |
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HERBALIFE INTERNATIONAL LUXEMBOURG S.À R.L., as a Borrower |
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F- 3
Form of Designated Borrower Request and Assumption Agreement
EXHIBIT G
FORM OF DESIGNATED BORROWER NOTICE
Date: ,
| To: |
Herbalife International, Inc., Herbalife Ltd., and Herbalife International Luxembourg S.à r.l.
The Lenders party to the Credit Agreement referred to below |
Ladies and Gentlemen:
This Designated Borrower Notice is made and delivered pursuant to Section 2.14 of that certain Second Amended and Restated Credit Agreement, dated as of May 4, 2015 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the Credit Agreement ), among Herbalife International, Inc., a Nevada corporation (the Company ), Herbalife Ltd., a Cayman Islands exempted company with limited liability ( Holdings ), Herbalife International Luxembourg S.à r.l., a Luxembourg private limited liability company ( société à responsabilité limitée ), having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, having a share capital of EUR 25,000, registered with the Luxembourg Register of Commerce and Companies under number B 88.006 ( HIL , and collectively with the Company, Holdings and the Designated Borrowers from time to time party thereto, the Borrowers and, each a Borrower ), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender, and reference is made thereto for full particulars of the matters described therein. All capitalized terms used in this Designated Borrower Notice and not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement.
The Administrative Agent hereby notifies Company and the Lenders that effective as of the date hereof shall be a Designated Borrower and may receive Loans for its account on the terms and conditions set forth in the Credit Agreement.
This Designated Borrower Notice shall constitute a Loan Document under the Credit Agreement.
| BANK OF AMERICA, N.A., | ||
| as Administrative Agent | ||
| By: |
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| Title: |
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G- 1
Form of Designated Borrower Notice
EXHIBIT H-1
FORM OF COMPANY GUARANTY
AMENDED AND RESTATED COMPANY GUARANTY
FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, and in consideration of credit and/or financial accommodation heretofore or hereafter from time to time made or granted to (a) HERBALIFE LTD., a Cayman Islands exempted company incorporated with limited liability, with registered number 116838 ( Holdings ), (b) HERBALIFE INTERNATIONAL LUXEMBOURG S.À R.L., a private limited liability company ( société à responsabilité limitée ) organized under the laws of the Grand Duchy of Luxembourg, having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, Grand Duchy of Luxembourg, having a share capital of EUR 25,000 and registered with the Luxembourg Register of Commerce and Companies ( R.C.S. Luxembourg ) under number B 88.006 ( HIL ) and (c) any Designated Borrower (as hereinafter defined) by the Lenders under the Credit Agreement (as hereinafter defined), HERBALIFE INTERNATIONAL, INC., a Nevada corporation (the Company ), as the undersigned Guarantor (in such capacity, the Guarantor ) hereby furnishes its guaranty (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, this Guaranty ) of the Guaranteed Obligations (as hereinafter defined) on the 4th day of May, 2015, as follows:
1. Guaranty . Reference is made to that certain Credit Agreement, dated as of March 9, 2011, as the same has been amended and restated pursuant to the First Amendment to Credit Agreement dated as of July 26, 2012, as further amended pursuant to the Second Amendment to Credit Agreement dated as of February 3, 2014, and as further amended and restated pursuant to the Third Amendment to Credit Agreement, dated as of the date hereof (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the Credit Agreement ; the terms defined therein being used herein as therein defined), among the Company, Holdings, HIL (the Company, Holdings, HIL and any Subsidiary of Holdings that becomes a borrower under the Credit Agreement (each such Subsidiary, a Designated Borrower ) are herein referred to as the Borrowers and each, a Borrower ), the Lenders from time to time party thereto, and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer. The Guarantor hereby absolutely and unconditionally guarantees, as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of all Obligations of Holdings, HIL and any Designated Borrower (collectively the Guaranteed Obligations ). Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such Obligations which may be or hereafter become unenforceable or shall be an allowed or disallowed claim under any proceeding or case commenced by or against the Guarantor or the Borrowers under any Debtor Relief Laws, and shall include interest that accrues after the commencement by or against the Borrower of any proceeding under any Debtor Relief Laws. The accounts or records maintained by the Administrative Agent and each other Secured Party shall be conclusive absent manifest error of the amount of the Guaranteed Obligations. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Guarantor hereunder to pay any amount owing with respect to the Guaranteed Obligations. In the event of any conflict between the accounts and records maintained by any Secured Party and the accounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Guaranteed Obligations
H-1 - 1
Form of Company Guaranty
or any instrument or agreement evidencing any Guaranteed Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Guaranteed Obligations which might otherwise constitute a defense to the obligations of the Guarantor under this Guaranty, and the Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.
2. No Setoff or Deductions; Taxes; Payments . The Guarantor represents and warrants that it is organized and resident in the United States of America. Any and all payments by the Guarantor hereunder shall be subject to the same terms and provisions regarding Taxes as are set forth in Section 3.01 of the Credit Agreement with respect to payments made by any Borrower. The Guarantor hereby agrees that the terms and provisions of Section 3.01 of the Credit Agreement are hereby incorporated by reference, mutatis mutandis , and the Guarantor hereby agrees to be bound thereby as if such terms and provisions were originally set forth herein. The obligations hereunder shall not be affected by any acts of any Governmental Authority affecting any Borrower or the Guarantor, including but not limited to, any restrictions on the conversion of currency or repatriation or control of funds or any total or partial expropriation of any Borrowers property, or by economic, political, regulatory or other events in the countries where any Borrower is located. All payments hereunder shall be made to the Administrative Agent, for the account of the respective Secured Parties to which such payment is owed, in the applicable currency at the applicable Administrative Agents Office and at the times specified in the Credit Agreement (or in the case of obligations arising under any Secured Cash Management Agreement or Secured Hedge Agreement, to the applicable Cash Management Bank or Hedge Bank as specified in the applicable Secured Cash Management Agreement or Secured Hedge Agreement). The obligations of the Guarantor under this paragraph shall survive the payment in full of the Guaranteed Obligations and the termination of this Guaranty.
3. Rights of Secured Parties . The Guarantor consents and agrees that the Secured Parties may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Secured Parties may determine; and (d) release or substitute one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, the Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of the Guarantor.
4. Certain Waivers . The Guarantor waives (i) any defense arising by reason of any disability or other defense of any Borrower or any other guarantor, or the cessation from any cause whatsoever (including any act or omission of the Secured Parties) of the liability of any Borrower or any other Loan Party; (ii) any defense based on any claim that the Guarantors obligations exceed or are more burdensome than those of any Borrower or any other Loan Party; (iii) the benefit of any statute of limitations affecting the Guarantors liability hereunder; (iv) any right to require any Secured Party to proceed against any Borrower or any other Loan Party,
H-1 - 2
Form of Company Guaranty
proceed against or exhaust any security for the Guaranteed Obligations, or pursue any other remedy in the Secured Parties power whatsoever and any defense based upon the doctrines of marshalling of assets or of election of remedies; (v) any benefit of and any right to participate in any security now or hereafter held by the Secured Parties; (vi) any fact or circumstance related to the Guaranteed Obligations which might otherwise constitute a defense to the obligations of the Guarantor under this Guaranty and (vii) to the fullest extent permitted by Law, any and all other defenses or benefits that may be derived from or afforded by applicable Law limiting the liability of or exonerating guarantors or sureties.
The Guarantor expressly waives all setoffs and counterclaims and all presentments, demands for payment or performance, notices of nonpayment or nonperformance, protests, notices of protest, notices of dishonor and all other notices or demands of any kind or nature whatsoever with respect to the Guaranteed Obligations, and all notices of acceptance of this Guaranty or of the existence, creation or incurrence of new or additional Guaranteed Obligations.
For purposes of this paragraph only, references to the principal include each of HIL, Holdings and any Designated Borrower and references to the creditor include each Secured Party. In accordance with Section 2856 of the California Civil Code or any similar Law of any applicable jurisdiction, the Guarantor waives, until the payment in full of the Guaranteed Obligations and termination of the Commitments made under the Credit Agreement, all rights and defenses (i) available to the Guarantor by reason of Sections 2787 through 2855, 2899, and 3433 of the California Civil Code or any similar Laws of any applicable jurisdiction, including all rights or defenses the Guarantor may have by reason of protection afforded to the principal with respect to any of the Guaranteed Obligations, or to any other guarantor of any of the Guaranteed Obligations with respect to any of such guarantors obligations under its guarantee, in either case in accordance with the anti-deficiency or other laws of the State of California limiting or discharging the principals Indebtedness or such other guarantors obligations, including Sections 580a, 580b, 580d and 726 of the California Code of Civil Procedure or any similar Law of any applicable jurisdiction; and (ii) arising out of an election of remedies by the creditor, even though such election, such as a non-judicial foreclosure with respect to security for any Guaranteed Obligation (or any obligation of any other guarantor of any of the Guaranteed Obligations), has destroyed the Guarantors right of subrogation and reimbursement against the principal (or such other guarantor) by the operation of Section 580d of the California Code of Civil Procedure, any similar Law of any applicable jurisdiction or otherwise. No other provision of this Guaranty shall be construed as limiting the generality of any of the covenants and waivers set forth in this paragraph. As provided below, this Agreement shall be governed by, and shall be construed and enforced in accordance with the laws of the State of New York. This paragraph is included solely out of an abundance of caution, and shall not be construed to mean that any of the above-referenced provisions of California law are in any way applicable to this Guaranty or to any of the Guaranteed Obligations.
5. Obligations Independent . The obligations of the Guarantor hereunder are those of primary obligor, and not merely as surety, and are independent of the Guaranteed Obligations and the obligations of any other guarantor, and a separate action may be brought against the Guarantor to enforce this Guaranty whether or not any Borrower or any other Person is joined as a party.
H-1 - 3
Form of Company Guaranty
6. Subrogation . The Guarantor shall not exercise any right of subrogation, contribution, indemnity, reimbursement or similar rights with respect to any payments it makes under this Guaranty until all of the Guaranteed Obligations and any amounts payable under this Guaranty have been paid and performed in full and any commitments of the Lenders or other Secured Parties with respect to the Guaranteed Obligations are terminated. If any amounts are paid to the Guarantor in violation of the foregoing limitation, then such amounts shall be held in trust for the benefit of the Secured Parties and shall forthwith be paid to the Administrative Agent (or in the case of obligations arising under any Secured Cash Management Agreement or Secured Hedge Agreement, to the applicable Cash Management Bank or Hedge Bank) to reduce the amount of the Guaranteed Obligations, whether matured or unmatured.
7. Termination; Reinstatement . This Guaranty is a continuing and irrevocable guaranty of all Guaranteed Obligations now or hereafter existing and shall remain in full force and effect until all Guaranteed Obligations and any other amounts payable under this Guaranty are paid in full in cash and any commitments of the Lenders or other Secured Parties with respect to the Guaranteed Obligations are terminated. Notwithstanding the foregoing, this Guaranty shall continue in full force and effect or be revived, as the case may be, if any payment by or on behalf of any Borrower or the Guarantor or any other guarantor of the Guaranteed Obligations is made, or any Secured Party exercises its right of setoff in respect of the Guaranteed Obligations and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by any Secured Party in its discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Laws or otherwise, all as if such payment had not been made or such setoff had not occurred and whether or not any Secured Party is in possession of or has released this Guaranty and regardless of any prior revocation, rescission, termination or reduction. The obligations of the Guarantor under this paragraph shall survive termination of this Guaranty.
8. Subordination . The Guarantor hereby subordinates the payment of all obligations and indebtedness of each Loan Party owing to the Guarantor, whether now existing or hereafter arising, including but not limited to any obligation of any Loan Party to the Guarantor as subrogee of the Secured Parties or resulting from the Guarantors performance under this Guaranty, to the payment in full in cash of all Guaranteed Obligations. If the Administrative Agent so requests in writing after the occurrence and during the continuance of an Event of Default (provided that no such request shall be required after the occurrence or during the continuance of an Event of Default under Section 8.01(f) or (g) of the Credit Agreement), any such obligation or indebtedness of any Loan Party to the Guarantor shall be enforced and performance received by the Guarantor as trustee for the Secured Parties and the proceeds thereof shall be paid over to the Administrative Agent on account of the Guaranteed Obligations, but without reducing or affecting in any manner the liability of the Guarantor under the other provisions of this Guaranty.
9. Stay of Acceleration . In the event that acceleration of the time for payment of any of the Guaranteed Obligations is stayed, in connection with any case commenced by or against the Guarantor, any Borrower or any other guarantor of the Guaranteed Obligations under any Debtor Relief Laws, or otherwise, all such amounts shall nonetheless be payable by the Guarantor immediately upon demand by the Secured Parties.
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Form of Company Guaranty
10. Expenses . The Guarantor shall pay on demand all out-of-pocket expenses (including attorneys fees and expenses) in any way relating to the enforcement or protection of the Secured Parties rights under this Guaranty or in respect of the Guaranteed Obligations, including any incurred during any workout or restructuring in respect of the Guaranteed Obligations and any incurred in the preservation, protection or enforcement of any rights of any Secured Party in any proceeding under any Debtor Relief Laws. The obligations of the Guarantor under this paragraph shall survive the payment in full of the Guaranteed Obligations and termination of this Guaranty.
11. Miscellaneous . No provision of this Guaranty may be waived, amended, supplemented or modified, except by a written instrument executed by the Administrative Agent and the Guarantor. No failure by the Secured Parties to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy or power hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies herein provided are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. Unless otherwise agreed by the Administrative Agent and the Guarantor in writing, this Guaranty is not intended to supersede or otherwise affect any other guaranty now or hereafter given by the Guarantor for the benefit of the Secured Parties or any term or provision thereof.
12. Condition of Borrowers . The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from each Borrower and any other guarantor of the Guaranteed Obligations such information concerning the financial condition, business and operations of such Borrower and any such other guarantor as the Guarantor requires, and that the Secured Parties have no duty, and the Guarantor is not relying on the Secured Parties at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of any Borrower or any other guarantor of the Guaranteed Obligations (the Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
13. Setoff . If and to the extent any payment is then due hereunder and an Event of Default has occurred and is continuing, after obtaining the prior written consent of the Administrative Agent, the Secured Parties may setoff and charge from time to time any amount so due against any or all of the Guarantors accounts or deposits with each such Secured Party, irrespective of whether or not such Secured Party shall have made any demand under this Guaranty and although such obligations may be unmatured.
14. Representations and Warranties . The Guarantor represents and warrants that (a) it is duly organized and is in good standing under the Laws of the jurisdiction of its incorporation and has full capacity and right to make and perform this Guaranty, and all necessary authority has been obtained; (b) this Guaranty constitutes its legal, valid and binding obligation enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law; (c) the making, existence and performance of this Guaranty does not and will not violate the
H-1 - 5
Form of Company Guaranty
provisions of any applicable Law, except for violations that could not reasonably be expected to result in a Material Adverse Effect, and does not and will not result in the breach of or contravention of or require any payment to be made under any Contractual Obligation to which the Guarantor is a party or affecting the Guarantors properties except for violations and breaches that could not reasonably be expected to result in a Material Adverse Effect; and (d) all consents, approvals, licenses and authorizations of, and filings and registrations with, any Governmental Authority required under applicable Law for the making and performance of this Guaranty have been obtained or made and are in full force and effect, except consents, approvals, registrations, filings or actions the failure of which to obtain or perform could not reasonably be expected to result in a Material Adverse Effect.
15. Indemnification and Survival . Without limitation on any other obligations of the Guarantor or remedies of the Secured Parties under this Guaranty, each Guarantor shall, to the fullest extent permitted by Law, indemnify, defend and save and hold harmless the Secured Parties , and each Related Party of any of the Secured Parties (each such Person being called an Indemnitee ) against, and hold each Indemnitee harmless from, any and all losses, claims, damages, liabilities and related expenses (including the fees, charges and disbursements of any counsel for any Indemnitee), and shall indemnify and hold harmless each Indemnitee from all fees and time charges and disbursements for attorneys who may be employees of any Indemnitee, incurred by any Indemnitee or asserted against any Indemnitee by any third party or by any Borrower or the Guarantor or any other Loan Party arising out of, in connection with, or as a result of (i) the execution or delivery of this Guaranty, any other Loan Document, any Secured Hedge Agreement or Secured Cash Management Agreement or any agreement or instrument contemplated hereby or thereby, the performance by the parties hereto of their respective obligations hereunder or thereunder, the consummation of the transactions contemplated hereby or thereby, or, (x) in the case of the Administrative Agent (and any sub-agent thereof) and its Related Parties only, the administration of this Guaranty and the other Loan Documents (including in respect of any matters addressed in Section 2) or (y) in the case of the Hedge Banks and Cash Management Banks and their respective Related Parties only, the administration of the Secured Hedge Agreement and Secured Cash Management Agreements to which they are a party, (ii) any Loan or Letter of Credit or the use or proposed use of the proceeds therefrom (including any refusal by the L/C Issuer to honor a demand for payment under a Letter of Credit if the documents presented in connection with such demand do not strictly comply with the terms of such Letter of Credit), (iii) any actual or alleged presence or release of Hazardous Materials on or from any property owned or operated by any Borrower or any of its Subsidiaries, or any Environmental Liability related in any way to any Borrower or any of its Subsidiaries, or (iv) any actual or prospective claim, litigation, investigation or proceeding relating to any of the foregoing, whether based on contract, tort or any other theory, whether brought by a third party or by any Loan Party, and regardless of whether any Indemnitee is a party thereto, IN ALL CASES, WHETHER OR NOT CAUSED BY OR ARISING, IN WHOLE OR IN PART, OUT OF THE COMPARATIVE, CONTRIBUTORY OR SOLE NEGLIGENCE OF THE INDEMNITEE; provided that such indemnity shall not, as to any Indemnitee, be available to the extent that such losses, claims, damages, liabilities or related expenses (a) are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Indemnitee or (b) result from a claim brought by any Loan Party against an Indemnitee for breach in bad faith of such Indemnitees obligations hereunder or under any other Loan Document, Secured Hedge
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Agreement or Secured Cash Management Agreement, if such Loan Party has obtained a final and nonappealable judgment in its favor on such claim as determined by a court of competent jurisdiction. The obligations of the Guarantor under this paragraph shall survive the payment in full of the Guaranteed Obligations and the termination of this Guaranty.
16. GOVERNING LAW; Assignment; Jurisdiction; Notices . THIS GUARANTY AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS GUARANTY OR ANY OTHER LOAN DOCUMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK. This Guaranty shall (a) bind the Guarantor and its successors and assigns, provided that the Guarantor may not assign its rights or obligations under this Guaranty without the prior written consent of the Administrative Agent (and any attempted assignment without such consent shall be void), and (b) inure to the benefit of the Secured Parties and their respective successors and assigns and any Secured Party may, without notice to the Guarantor and without affecting the Guarantors obligations hereunder, assign, sell or grant participations in the Guaranteed Obligations and this Guaranty, in whole or in part, in accordance with the Credit Agreement. The Guarantor hereby irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against the Administrative Agent or any Secured Party, or any related party of the foregoing in any way relating to this Guaranty or any other Loan Document or the transactions relating hereto or thereto, in any forum other than the courts of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and each of the parties hereto irrevocably and unconditionally submits to the jurisdiction of such courts and agrees that all claims in respect of any such action, litigation or proceeding may be heard and determined in such New York State court or, to the fullest extent permitted by applicable Law, in such federal court. The Guarantor agrees that a final judgment in any such action, litigation or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law. Nothing in this Guaranty shall affect any right that the Administrative Agent or any other Secured Party may otherwise have to bring any action or proceeding relating to this Guaranty, any other Loan Document, any Secured Hedge Agreement or any Secured Cash Management Agreement against the Guarantor or its properties in the courts of any jurisdiction. The Guarantor hereby waives, to the fullest extent permitted by applicable Law, any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Guaranty, any other Loan Document, any Secured Hedge Agreement or any Secured Cash Management Agreement in any court referred to above and the Guarantor hereby waives any defense asserting an inconvenient forum in connection therewith. Service of process in connection with such action, litigation or proceeding shall be made in the manner provided for notices below. All notices and other communications (including any service of process) to the Guarantor under this Guaranty shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier to the Guarantor at its address set forth below or at such other address in the United States as may be specified by the Guarantor in a written notice delivered to the Administrative Agent at the Administrative Agents Office.
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17. WAIVER OF JURY TRIAL; FINAL AGREEMENT . EACH OF THE GUARANTOR AND THE ADMINISTRATIVE AGENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS GUARANTY, ANY OTHER LOAN DOCUMENT, ANY SECURED HEDGE AGREEMENT OR ANY SECURED CASH MANAGEMENT AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS GUARANTY, THE OTHER LOAN DOCUMENTS, THE SECURED HEDGE AGREEMENTS AND THE SECURED CASH MANAGEMENT AGREEMENTS TO WHICH IT IS A PARTY BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. THIS GUARANTY REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
18. Severability . Wherever possible, each provision of this Guaranty will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Guaranty is prohibited by or invalid under such law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Guaranty. Consistent with the foregoing, and notwithstanding any other provision of this Guaranty to the contrary, in the event that any action or proceeding is brought in whatever form and in whatever forum seeking to invalidate the Guarantors obligations under this Guaranty under any fraudulent conveyance, fraudulent transfer theory, or similar avoidance theory, whether under state or federal law, the Guarantor, automatically and without any further action being required of the Guarantor or any Secured Party, shall be liable under this Guaranty only for an amount equal to the maximum amount of liability that could have been incurred under applicable law by the Guarantor under any guaranty of the Guaranteed Obligations (or any portion thereof) at the time of the execution and delivery of this Guaranty (or, if such date is determined not to be the appropriate date for determining the enforceability of the Guarantors obligations hereunder for fraudulent conveyance or transfer (or similar avoidance) purposes, on the date determined to be so appropriate) without rendering such a hypothetical guaranty voidable under applicable law relating to fraudulent conveyance, fraudulent transfer, or any other grounds for avoidance (such highest amount determined hereunder being the Guarantors Maximum Guaranty Amount ), and not for any greater amount, as if the stated amount of this Guaranty as to the Guarantor had instead been the Maximum Guaranty Amount. This Section is intended solely to preserve the rights of the Secured Parties under this Guaranty to the maximum extent not subject to avoidance under applicable law, and neither the Guarantor nor any other Person shall have any right or claim under this Section with respect to the limitation described in this Guaranty, except to the extent necessary so that the obligations of the Guarantor under this Guaranty shall not be rendered voidable under applicable law.
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Form of Company Guaranty
19. Judgment Currency . If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Guarantor in respect of any such sum due from it to the Administrative Agent or any other Secured Party hereunder shall, notwithstanding any judgment in a currency (the Judgment Currency ) other than that in which such sum is denominated in accordance with the applicable provisions of the Guaranty and the Credit Agreement (the Agreement Currency ), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Secured Party, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Secured Party, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the applicable Secured Party from the Guarantor in the Agreement Currency, the Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Secured Party against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the applicable Secured Party in such currency, such Secured Party agrees to return the amount of any excess to the Guarantor (or to any other Person who may be entitled thereto under applicable Law).
20. Keepwell . The Guarantor (to the extent it has total assets exceeding $10,000,000 or qualifies at such time as an eligible contract participant under the Commodity Exchange Act and can cause another Person to qualify as an eligible contract participant at such time under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act) at the time the Guaranty or the grant of a Lien under the Loan Documents, in each case, by any Specified Loan Party becomes effective with respect to any Swap Obligation, hereby jointly and severally, absolutely, unconditionally and irrevocably undertakes to provide such funds or other support to each Specified Loan Party with respect to such Swap Obligation as may be needed by such Specified Loan Party from time to time to honor all of its obligations under the Loan Documents in respect of such Swap Obligation (but, in each case, only up to the maximum amount of such liability that can be hereby incurred without rendering the Guarantors obligations and undertakings under this paragraph voidable under applicable Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations and undertakings of the Guarantor under this paragraph shall remain in full force and effect until the Guaranteed Obligations have been paid and performed in full. The Guarantor intends this paragraph to constitute, and this paragraph shall be deemed to constitute, a guarantee of the obligations of, and a keepwell, support, or other agreement for the benefit of, each Specified Loan Party for all purposes of the Commodity Exchange Act.
21. Amendment and Restatement . It is the intention of the Guarantor that the Company Guaranty, dated as of March 9, 2011, made by the Guarantor in respect of the Guaranteed Obligations (as defined therein) (as amended, restated, supplemented or otherwise modified prior to the date hereof, the Existing Company Guaranty ), be amended and restated
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so as to preserve the perfection and priority of all security interests securing indebtedness and obligations under the Existing Company Guaranty, that all Indebtedness and Obligations of the Guarantor under the Loan Documents shall be secured by the Collateral Documents, and that this Guaranty does not constitute a novation of the obligations and liabilities existing under the Existing Company Guaranty. This Agreement constitutes an amendment of the Existing Company Guaranty made under and in accordance with the Loan Documents.
The Guarantor hereby acknowledges and agrees that any Loan Document to which it is a party or otherwise bound shall continue in full force and effect (including, without limitation, the pledge and security interest in the Collateral granted by it pursuant to the Collateral Documents) and that all of its obligations thereunder shall be valid, binding, and enforceable in accordance with its terms, and shall not be impaired or limited by the execution or effectiveness of this Guaranty. The Guarantor (in its capacity as debtor, grantor, pledger, guarantor, assignor, or in any other similar capacity in which the Guarantor grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be) hereby (i) acknowledges and agrees that this Guaranty does not constitute a novation or termination of the secured obligations under any of the Collateral Documents or the other Loan Documents as in effect prior to the Restatement Effective Date and which remain outstanding as of the Restatement Effective Date, (ii) acknowledges and agrees that the secured obligations under the Collateral Documents and the other Loan Documents (as amended or modified in connection herewith) are in all respects continuing, (iii) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party (after giving effect hereto), (iv) to the extent the Guarantor granted Liens on any of its Collateral pursuant to any such Loan Document as security for or otherwise guaranteed the Obligations under or with respect to the Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and Liens and confirms and agrees that such security interests and Liens are in all respects continuing and in full force and effect and shall continue to secure all of the secured obligations under the Collateral Documents or the other Loan Documents, including, without limitation, all of the Guaranteed Obligations hereunder and (v) agrees that this Guaranty shall in no manner impair or otherwise adversely affect any of such Liens.
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Form of Company Guaranty
IN WITNESS WHEREOF, the Guarantor has executed and delivered this Guaranty as of the day and year first written above.
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HERBALIFE INTERNATIONAL, INC. , a Nevada corporation |
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| 800 West Olympic Boulevard, #406 | ||
| Los Angeles, CA 90015 | ||
[Signature Page to Amended and Restated Company Guaranty]
EXHIBIT H-2
FORM OF HOLDINGS GUARANTY
AMENDED AND RESTATED HOLDINGS GUARANTY
FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, and in consideration of credit and/or financial accommodation heretofore or hereafter from time to time made or granted to, (a) HERBALIFE INTERNATIONAL, INC., a Nevada corporation (the Company ), (b) HERBALIFE INTERNATIONAL LUXEMBOURG S.À R.L., a private limited liability company ( société à responsabilité limitée ) organized under the laws of the Grand Duchy of Luxembourg, having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, Grand Duchy of Luxembourg, having a share capital of EUR 25,000 and registered with the Luxembourg Register of Commerce and Companies ( R.C.S. Luxembourg ) under number B 88.006 ( HIL ), and (c) any Designated Borrower (as hereinafter defined) by the Lenders under the Credit Agreement (as hereinafter defined), HERBALIFE LTD., a Cayman Islands exempted company incorporated with limited liability, with registered number 116838 ( Holdings ), as the undersigned Guarantor (in such capacity, the Guarantor ) hereby furnishes its guaranty (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, this Guaranty ) of the Guaranteed Obligations (as hereinafter defined) on the 4th day of May, 2015, as follows:
1. Guaranty . Reference is made to that certain Credit Agreement, dated as of March 9, 2011, as the same has been amended and restated pursuant to the First Amendment to Credit Agreement dated as of July 26, 2012, as further amended pursuant to the Second Amendment to Credit Agreement dated as of February 3, 2014, and as further amended and restated pursuant to the Third Amendment to Credit Agreement, dated as of the date hereof (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the Credit Agreement ; the terms defined therein being used herein as therein defined), among the Company, Holdings, HIL (the Company, Holdings, HIL and any Subsidiary of Holdings that becomes a borrower under the Credit Agreement (each such Subsidiary, a Designated Borrower ) are herein referred to as the Borrowers and each, a Borrower ), the Lenders from time to time party thereto, and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer. The Guarantor hereby absolutely and unconditionally guarantees, as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of all Obligations of Holdings, HIL and any Designated Borrower (collectively the Guaranteed Obligations ). Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such Obligations which may be or hereafter become unenforceable or shall be an allowed or disallowed claim under any proceeding or case commenced by or against the Guarantor or the Borrowers under any Debtor Relief Laws, and shall include interest that accrues after the commencement by or against the Borrower of any proceeding under any Debtor Relief Laws. The accounts or records maintained by the Administrative Agent and each other Secured Party shall be conclusive absent manifest error of the amount of the Guaranteed Obligations. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Guarantor hereunder to pay any amount owing with respect to the Guaranteed Obligations. In the event of any conflict between the accounts and records maintained by any Secured Party and the accounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Guaranteed Obligations
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or any instrument or agreement evidencing any Guaranteed Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Guaranteed Obligations which might otherwise constitute a defense to the obligations of the Guarantor under this Guaranty, and the Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.
2. No Setoff or Deductions; Taxes; Payments . The Guarantor represents and warrants that it is incorporated and resident in the Cayman Islands. Any and all payments by the Guarantor hereunder shall be subject to the same terms and provisions regarding Taxes as are set forth in Section 3.01 of the Credit Agreement with respect to payments made by any Borrower. The Guarantor hereby agrees that the terms and provisions of Section 3.01 of the Credit Agreement are hereby incorporated by reference, mutatis mutandis , and the Guarantor hereby agrees to be bound thereby as if such terms and provisions were originally set forth herein. The obligations hereunder shall not be affected by any acts of any Governmental Authority affecting any Borrower or the Guarantor, including but not limited to, any restrictions on the conversion of currency or repatriation or control of funds or any total or partial expropriation of any Borrowers property, or by economic, political, regulatory or other events in the countries where any Borrower is located. All payments hereunder shall be made to the Administrative Agent, for the account of the respective Secured Parties to which such payment is owed, in the applicable currency at the applicable Administrative Agents Office and at the times specified in the Credit Agreement (or in the case of obligations arising under any Secured Cash Management Agreement or Secured Hedge Agreement, to the applicable Cash Management Bank or Hedge Bank as specified in the applicable Secured Cash Management Agreement or Secured Hedge Agreement). The obligations of the Guarantor under this paragraph shall survive the payment in full of the Guaranteed Obligations and the termination of this Guaranty.
3. Rights of Secured Parties . The Guarantor consents and agrees that the Secured Parties may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Secured Parties may determine; and (d) release or substitute one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, the Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of the Guarantor.
4. Certain Waivers . The Guarantor waives (i) any defense arising by reason of any disability or other defense of any Borrower or any other guarantor, or the cessation from any cause whatsoever (including any act or omission of the Secured Parties) of the liability of any Borrower or any other Loan Party; (ii) any defense based on any claim that the Guarantors obligations exceed or are more burdensome than those of any Borrower or any other Loan Party; (iii) the benefit of any statute of limitations affecting the Guarantors liability hereunder; (iv) any right to require any Secured Party to proceed against any Borrower or any other Loan Party,
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proceed against or exhaust any security for the Guaranteed Obligations, or pursue any other remedy in the Secured Parties power whatsoever and any defense based upon the doctrines of marshalling of assets or of election of remedies; (v) any benefit of and any right to participate in any security now or hereafter held by the Secured Parties; (vi) any fact or circumstance related to the Guaranteed Obligations which might otherwise constitute a defense to the obligations of the Guarantor under this Guaranty and (vii) to the fullest extent permitted by Law, any and all other defenses or benefits that may be derived from or afforded by applicable Law limiting the liability of or exonerating guarantors or sureties.
The Guarantor expressly waives all setoffs and counterclaims and all presentments, demands for payment or performance, notices of nonpayment or nonperformance, protests, notices of protest, notices of dishonor and all other notices or demands of any kind or nature whatsoever with respect to the Guaranteed Obligations, and all notices of acceptance of this Guaranty or of the existence, creation or incurrence of new or additional Guaranteed Obligations.
For purposes of this paragraph only, references to the principal include each of HIL, the Company and any Designated Borrower and references to the creditor include each Secured Party. In accordance with Section 2856 of the California Civil Code or any similar Law of any applicable jurisdiction, the Guarantor waives, until the payment in full of the Guaranteed Obligations and termination of the Commitments made under the Credit Agreement, all rights and defenses (i) available to the Guarantor by reason of Sections 2787 through 2855, 2899, and 3433 of the California Civil Code or any similar Laws of any applicable jurisdiction, including all rights or defenses the Guarantor may have by reason of protection afforded to the principal with respect to any of the Guaranteed Obligations, or to any other guarantor of any of the Guaranteed Obligations with respect to any of such guarantors obligations under its guarantee, in either case in accordance with the anti-deficiency or other laws of the State of California limiting or discharging the principals Indebtedness or such other guarantors obligations, including Sections 580a, 580b, 580d and 726 of the California Code of Civil Procedure or any similar Law of any applicable jurisdiction; and (ii) arising out of an election of remedies by the creditor, even though such election, such as a non-judicial foreclosure with respect to security for any Guaranteed Obligation (or any obligation of any other guarantor of any of the Guaranteed Obligations), has destroyed the Guarantors right of subrogation and reimbursement against the principal (or such other guarantor) by the operation of Section 580d of the California Code of Civil Procedure, any similar Law of any applicable jurisdiction or otherwise. No other provision of this Guaranty shall be construed as limiting the generality of any of the covenants and waivers set forth in this paragraph. As provided below, this Agreement shall be governed by, and shall be construed and enforced in accordance with the laws of the State of New York. This paragraph is included solely out of an abundance of caution, and shall not be construed to mean that any of the above-referenced provisions of California law are in any way applicable to this Guaranty or to any of the Guaranteed Obligations.
5. Obligations Independent . The obligations of the Guarantor hereunder are those of primary obligor, and not merely as surety, and are independent of the Guaranteed Obligations and the obligations of any other guarantor, and a separate action may be brought against the Guarantor to enforce this Guaranty whether or not any Borrower or any other Person is joined as a party.
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6. Subrogation . The Guarantor shall not exercise any right of subrogation, contribution, indemnity, reimbursement or similar rights with respect to any payments it makes under this Guaranty until all of the Guaranteed Obligations and any amounts payable under this Guaranty have been paid and performed in full and any commitments of the Lenders or other Secured Parties with respect to the Guaranteed Obligations are terminated. If any amounts are paid to the Guarantor in violation of the foregoing limitation, then such amounts shall be held in trust for the benefit of the Secured Parties and shall forthwith be paid to the Administrative Agent (or in the case of obligations arising under any Secured Cash Management Agreement or Secured Hedge Agreement, to the applicable Cash Management Bank or Hedge Bank) to reduce the amount of the Guaranteed Obligations, whether matured or unmatured.
7. Termination; Reinstatement . This Guaranty is a continuing and irrevocable guaranty of all Guaranteed Obligations now or hereafter existing and shall remain in full force and effect until all Guaranteed Obligations and any other amounts payable under this Guaranty are paid in full in cash and any commitments of the Lenders or other Secured Parties with respect to the Guaranteed Obligations are terminated. Notwithstanding the foregoing, this Guaranty shall continue in full force and effect or be revived, as the case may be, if any payment by or on behalf of any Borrower or the Guarantor or any other guarantor of the Guaranteed Obligations is made, or any Secured Party exercises its right of setoff in respect of the Guaranteed Obligations and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by any Secured Party in its discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Laws or otherwise, all as if such payment had not been made or such setoff had not occurred and whether or not any Secured Party is in possession of or has released this Guaranty and regardless of any prior revocation, rescission, termination or reduction. The obligations of the Guarantor under this paragraph shall survive termination of this Guaranty.
8. Subordination . The Guarantor hereby subordinates the payment of all obligations and indebtedness of each Loan Party owing to the Guarantor, whether now existing or hereafter arising, including but not limited to any obligation of any Loan Party to the Guarantor as subrogee of the Secured Parties or resulting from the Guarantors performance under this Guaranty, to the payment in full in cash of all Guaranteed Obligations. If the Administrative Agent so requests in writing after the occurrence and during the continuance of an Event of Default (provided that no such request shall be required after the occurrence or during the continuance of an Event of Default under Section 8.01(f) or (g) of the Credit Agreement), any such obligation or indebtedness of any Loan Party to the Guarantor shall be enforced and performance received by the Guarantor as trustee for the Secured Parties and the proceeds thereof shall be paid over to the Administrative Agent on account of the Guaranteed Obligations, but without reducing or affecting in any manner the liability of the Guarantor under the other provisions of this Guaranty.
9. Stay of Acceleration . In the event that acceleration of the time for payment of any of the Guaranteed Obligations is stayed, in connection with any case commenced by or against the Guarantor, any Borrower or any other guarantor of the Guaranteed Obligations under any Debtor Relief Laws, or otherwise, all such amounts shall nonetheless be payable by the Guarantor immediately upon demand by the Secured Parties.
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10. Expenses . The Guarantor shall pay on demand all out-of-pocket expenses (including attorneys fees and expenses) in any way relating to the enforcement or protection of the Secured Parties rights under this Guaranty or in respect of the Guaranteed Obligations, including any incurred during any workout or restructuring in respect of the Guaranteed Obligations and any incurred in the preservation, protection or enforcement of any rights of any Secured Party in any proceeding under any Debtor Relief Laws. The obligations of the Guarantor under this paragraph shall survive the payment in full of the Guaranteed Obligations and termination of this Guaranty.
11. Miscellaneous . No provision of this Guaranty may be waived, amended, supplemented or modified, except by a written instrument executed by the Administrative Agent and the Guarantor. No failure by the Secured Parties to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy or power hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies herein provided are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. Unless otherwise agreed by the Administrative Agent and the Guarantor in writing, this Guaranty is not intended to supersede or otherwise affect any other guaranty now or hereafter given by the Guarantor for the benefit of the Secured Parties or any term or provision thereof.
12. Condition of Borrowers . The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from each Borrower and any other guarantor of the Guaranteed Obligations such information concerning the financial condition, business and operations of such Borrower and any such other guarantor as the Guarantor requires, and that the Secured Parties have no duty, and the Guarantor is not relying on the Secured Parties at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of any Borrower or any other guarantor of the Guaranteed Obligations (the Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
13. Setoff . If and to the extent any payment is then due hereunder and an Event of Default has occurred and is continuing, after obtaining the prior written consent of the Administrative Agent, the Secured Parties may setoff and charge from time to time any amount so due against any or all of the Guarantors accounts or deposits with each such Secured Party, irrespective of whether or not such Secured Party shall have made any demand under this Guaranty and although such obligations may be unmatured.
14. Representations and Warranties . The Guarantor represents and warrants that (a) it is duly incorporated and, if applicable, is in good standing under the Laws of the jurisdiction of its incorporation or organization (to the extent such concepts are relevant under the laws of the relevant jurisdiction) and has full capacity and right to make and perform this Guaranty, and all necessary authority has been obtained; (b) this Guaranty constitutes its legal, valid and binding obligation enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors rights generally and subject to general principles of equity, regardless of whether considered in a
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proceeding in equity or at law; (c) the making, existence and performance of this Guaranty does not and will not violate the provisions of any applicable Law, except for violations that could not reasonably be expected to result in a Material Adverse Effect, and does not and will not result in the breach of or contravention of or require any payment to be made under any Contractual Obligation to which the Guarantor is a party or affecting the Guarantors properties except for violations and breaches that could not reasonably be expected to result in a Material Adverse Effect; and (d) all consents, approvals, licenses and authorizations of, and filings and registrations with, any Governmental Authority required under applicable Law for the making and performance of this Guaranty have been obtained or made and are in full force and effect, except (i) notices, filings and the payment of appropriate stamp or other duties in connection with the enforcement of this Guaranty against any Foreign Obligor, if applicable, in their jurisdiction of incorporation or organization and (ii) consents, approvals, registrations, filings or actions the failure of which to obtain or perform could not reasonably be expected to result in a Material Adverse Effect.
15. Indemnification and Survival . Without limitation on any other obligations of the Guarantor or remedies of the Secured Parties under this Guaranty, each Guarantor shall, to the fullest extent permitted by Law, indemnify, defend and save and hold harmless the Secured Parties , and each Related Party of any of the Secured Parties (each such Person being called an Indemnitee ) against, and hold each Indemnitee harmless from, any and all losses, claims, damages, liabilities and related expenses (including the fees, charges and disbursements of any counsel for any Indemnitee), and shall indemnify and hold harmless each Indemnitee from all fees and time charges and disbursements for attorneys who may be employees of any Indemnitee, incurred by any Indemnitee or asserted against any Indemnitee by any third party or by any Borrower or the Guarantor or any other Loan Party arising out of, in connection with, or as a result of (i) the execution or delivery of this Guaranty, any other Loan Document, any Secured Hedge Agreement or Secured Cash Management Agreement or any agreement or instrument contemplated hereby or thereby, the performance by the parties hereto of their respective obligations hereunder or thereunder, the consummation of the transactions contemplated hereby or thereby, or, (x) in the case of the Administrative Agent (and any sub-agent thereof) and its Related Parties only, the administration of this Guaranty and the other Loan Documents (including in respect of any matters addressed in Section 2) or (y) in the case of the Hedge Banks and Cash Management Banks and their respective Related Parties only, the administration of the Secured Hedge Agreement and Secured Cash Management Agreements to which they are a party, (ii) any Loan or Letter of Credit or the use or proposed use of the proceeds therefrom (including any refusal by the L/C Issuer to honor a demand for payment under a Letter of Credit if the documents presented in connection with such demand do not strictly comply with the terms of such Letter of Credit), (iii) any actual or alleged presence or release of Hazardous Materials on or from any property owned or operated by any Borrower or any of its Subsidiaries, or any Environmental Liability related in any way to any Borrower or any of its Subsidiaries, or (iv) any actual or prospective claim, litigation, investigation or proceeding relating to any of the foregoing, whether based on contract, tort or any other theory, whether brought by a third party or by any Loan Party, and regardless of whether any Indemnitee is a party thereto, IN ALL CASES, WHETHER OR NOT CAUSED BY OR ARISING, IN WHOLE OR IN PART, OUT OF THE COMPARATIVE, CONTRIBUTORY OR SOLE NEGLIGENCE OF THE INDEMNITEE; provided that such indemnity shall not, as to any Indemnitee, be available to the extent that such losses, claims, damages, liabilities or related expenses (a) are
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determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Indemnitee or (b) result from a claim brought by any Loan Party against an Indemnitee for breach in bad faith of such Indemnitees obligations hereunder or under any other Loan Document, Secured Hedge Agreement or Secured Cash Management Agreement, if such Loan Party has obtained a final and nonappealable judgment in its favor on such claim as determined by a court of competent jurisdiction. The obligations of the Guarantor under this paragraph shall survive the payment in full of the Guaranteed Obligations and the termination of this Guaranty.
16. GOVERNING LAW; Assignment; Jurisdiction; Notices . THIS GUARANTY AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS GUARANTY OR ANY OTHER LOAN DOCUMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK. This Guaranty shall (a) bind the Guarantor and its successors and assigns, provided that the Guarantor may not assign its rights or obligations under this Guaranty without the prior written consent of the Administrative Agent (and any attempted assignment without such consent shall be void), and (b) inure to the benefit of the Secured Parties and their respective successors and assigns and any Secured Party may, without notice to the Guarantor and without affecting the Guarantors obligations hereunder, assign, sell or grant participations in the Guaranteed Obligations and this Guaranty, in whole or in part, in accordance with the Credit Agreement. The Guarantor hereby irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against the Administrative Agent or any Secured Party, or any related party of the foregoing in any way relating to this Guaranty or any other Loan Document or the transactions relating hereto or thereto, in any forum other than the courts of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and each of the parties hereto irrevocably and unconditionally submits to the jurisdiction of such courts and agrees that all claims in respect of any such action, litigation or proceeding may be heard and determined in such New York State court or, to the fullest extent permitted by applicable Law, in such federal court. The Guarantor agrees that a final judgment in any such action, litigation or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law. Nothing in this Guaranty shall affect any right that the Administrative Agent or any other Secured Party may otherwise have to bring any action or proceeding relating to this Guaranty, any other Loan Document, any Secured Hedge Agreement or any Secured Cash Management Agreement against the Guarantor or its properties in the courts of any jurisdiction. The Guarantor hereby waives, to the fullest extent permitted by applicable Law, any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Guaranty, any other Loan Document, any Secured Hedge Agreement or any Secured Cash Management Agreement in any court referred to above and the Guarantor hereby waives any defense asserting an inconvenient forum in connection therewith. Service of process in connection with such action, litigation or proceeding shall be made in the manner provided for notices below. All notices and other communications (including any service of process) to the Guarantor under this Guaranty shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier to the Guarantor at its address set forth below or at such other address in the United States as may be specified by the Guarantor in a written notice delivered to the Administrative Agent at the Administrative Agents Office.
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17. WAIVER OF JURY TRIAL; FINAL AGREEMENT . EACH OF THE GUARANTOR AND THE ADMINISTRATIVE AGENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS GUARANTY, ANY OTHER LOAN DOCUMENT, ANY SECURED HEDGE AGREEMENT OR ANY SECURED CASH MANAGEMENT AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS GUARANTY, THE OTHER LOAN DOCUMENTS, THE SECURED HEDGE AGREEMENTS AND THE SECURED CASH MANAGEMENT AGREEMENTS TO WHICH IT IS A PARTY BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. THIS GUARANTY REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
18. Severability . Wherever possible, each provision of this Guaranty will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Guaranty is prohibited by or invalid under such law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Guaranty. Consistent with the foregoing, and notwithstanding any other provision of this Guaranty to the contrary, in the event that any action or proceeding is brought in whatever form and in whatever forum seeking to invalidate the Guarantors obligations under this Guaranty under any fraudulent conveyance, fraudulent transfer theory, or similar avoidance theory, whether under state or federal law, the Guarantor, automatically and without any further action being required of the Guarantor or any Secured Party, shall be liable under this Guaranty only for an amount equal to the maximum amount of liability that could have been incurred under applicable law by the Guarantor under any guaranty of the Guaranteed Obligations (or any portion thereof) at the time of the execution and delivery of this Guaranty (or, if such date is determined not to be the appropriate date for determining the enforceability of the Guarantors obligations hereunder for fraudulent conveyance or transfer (or similar avoidance) purposes, on the date determined to be so appropriate) without rendering such a hypothetical guaranty voidable under applicable law relating to fraudulent conveyance, fraudulent transfer, or any other grounds for avoidance (such highest amount determined hereunder being the Guarantors Maximum Guaranty Amount ), and not for any greater amount, as if the stated amount of this Guaranty as to the Guarantor had instead been the Maximum Guaranty Amount. This Section is intended solely to preserve the rights of the Secured Parties under this Guaranty to the maximum extent not subject to avoidance under
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applicable law, and neither the Guarantor nor any other Person shall have any right or claim under this Section with respect to the limitation described in this Guaranty, except to the extent necessary so that the obligations of the Guarantor under this Guaranty shall not be rendered voidable under applicable law.
19. Judgment Currency . If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Guarantor in respect of any such sum due from it to the Administrative Agent or any other Secured Party hereunder shall, notwithstanding any judgment in a currency (the Judgment Currency ) other than that in which such sum is denominated in accordance with the applicable provisions of the Guaranty and the Credit Agreement (the Agreement Currency ), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Secured Party, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Secured Party, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the applicable Secured Party from the Guarantor in the Agreement Currency, the Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Secured Party against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the applicable Secured Party in such currency, such Secured Party agrees to return the amount of any excess to the Guarantor (or to any other Person who may be entitled thereto under applicable Law).
20. Keepwell . The Guarantor (to the extent it has total assets exceeding $10,000,000 or qualifies at such time as an eligible contract participant under the Commodity Exchange Act and can cause another Person to qualify as an eligible contract participant at such time under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act) at the time the Guaranty or the grant of a Lien under the Loan Documents, in each case, by any Specified Loan Party becomes effective with respect to any Swap Obligation, hereby jointly and severally, absolutely, unconditionally and irrevocably undertakes to provide such funds or other support to each Specified Loan Party with respect to such Swap Obligation as may be needed by such Specified Loan Party from time to time to honor all of its obligations under the Loan Documents in respect of such Swap Obligation (but, in each case, only up to the maximum amount of such liability that can be hereby incurred without rendering the Guarantors obligations and undertakings under this paragraph voidable under applicable Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations and undertakings of the Guarantor under this paragraph shall remain in full force and effect until the Guaranteed Obligations have been paid and performed in full. The Guarantor intends this paragraph to constitute, and this paragraph shall be deemed to constitute, a guarantee of the obligations of, and a keepwell, support, or other agreement for the benefit of, each Specified Loan Party for all purposes of the Commodity Exchange Act.
21. Amendment and Restatement . It is the intention of the Guarantor that the Holdings Guaranty, dated as of March 9, 2011, made by the Guarantor in respect of the
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Guaranteed Obligations (as defined therein) (as amended, restated, supplemented or otherwise modified prior to the date hereof, the Existing Holdings Guaranty ), be amended and restated so as to preserve the perfection and priority of all security interests securing indebtedness and obligations under the Existing Holdings Guaranty, that all Indebtedness and Obligations of the Guarantor under the Loan Documents shall be secured by the Collateral Documents, and that this Guaranty does not constitute a novation of the obligations and liabilities existing under the Existing Holdings Guaranty. This Agreement constitutes an amendment of the Existing Holdings Guaranty made under and in accordance with the Loan Documents.
The Guarantor hereby acknowledges and agrees that any Loan Document to which it is a party or otherwise bound shall continue in full force and effect (including, without limitation, the pledge and security interest in the Collateral granted by it pursuant to the Collateral Documents) and that all of its obligations thereunder shall be valid, binding, and enforceable in accordance with its terms, and shall not be impaired or limited by the execution or effectiveness of this Guaranty. The Guarantor (in its capacity as debtor, grantor, pledger, guarantor, assignor, or in any other similar capacity in which the Guarantor grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be) hereby (i) acknowledges and agrees that this Guaranty does not constitute a novation or termination of the secured obligations under any of the Collateral Documents or the other Loan Documents as in effect prior to the Restatement Effective Date and which remain outstanding as of the Restatement Effective Date, (ii) acknowledges and agrees that the secured obligations under the Collateral Documents and the other Loan Documents (as amended or modified in connection herewith) are in all respects continuing, (iii) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party (after giving effect hereto), (iv) to the extent the Guarantor granted Liens on any of its Collateral pursuant to any such Loan Document as security for or otherwise guaranteed the Obligations under or with respect to the Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and Liens and confirms and agrees that such security interests and Liens are in all respects continuing and in full force and effect and shall continue to secure all of the secured obligations under the Collateral Documents or the other Loan Documents, including, without limitation, all of the Guaranteed Obligations hereunder and (v) agrees that this Guaranty shall in no manner impair or otherwise adversely affect any of such Liens.
[Remainder of page intentionally left blank; signature page follows]
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Form of Holdings Guaranty
IN WITNESS WHEREOF, the Guarantor has executed and delivered this Guaranty as of the day and year first written above.
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HERBALIFE LTD. , a Cayman Islands exempted company incorporated with limited liability |
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| By: |
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| Name: |
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| Title: |
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| Address: | ||
| M&C Corporate Services Limited | ||
| P.O. Box 309GT, | ||
| Ugland House | ||
| South Church Street | ||
| George Town, Grand Cayman | ||
| Cayman Islands | ||
[Signature Page to Amended and Restated Holdings Guaranty]
EXHIBIT H-3
FORM OF HIL GUARANTY
AMENDED AND RESTATED HIL GUARANTY
FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, and in consideration of credit and/or financial accommodation heretofore or hereafter from time to time made or granted to (a) HERBALIFE INTERNATIONAL, INC., a Nevada corporation (the Company ), (b) HERBALIFE LTD., a Cayman Islands exempted company incorporated with limited liability, with registered number 116838 ( Holdings ), and (c) any Designated Borrower (as hereinafter defined) by the Lenders under the Credit Agreement (as hereinafter defined), HERBALIFE INTERNATIONAL LUXEMBOURG S.À R.L., a private limited liability company ( société à responsabilité limitée ) organized under the laws of the Grand Duchy of Luxembourg, having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, having a share capital of EUR 25,000 and registered with the Luxembourg Register of Commerce and Companies ( R.C.S. Luxembourg ) under number B 88.006 ( HIL ), as the undersigned Guarantor (in such capacity, the Guarantor ) hereby furnishes its guaranty (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, this Guaranty ) of the Guaranteed Obligations (as hereinafter defined) on the 4th day of May, 2015, as follows:
1. Guaranty . Reference is made to that certain Credit Agreement, dated as of March 9, 2011, as the same has been amended and restated pursuant to the First Amendment to Credit Agreement dated as of July 26, 2012, as further amended pursuant to the Second Amendment to Credit Agreement dated as of February 3, 2014, and as further amended and restated pursuant to the Third Amendment to Credit Agreement, dated as of the date hereof (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the Credit Agreement ; the terms defined therein being used herein as therein defined), among the Company, Holdings, HIL (the Company, Holdings, HIL and any Subsidiary of Holdings that becomes a borrower under the Credit Agreement (each such Subsidiary, a Designated Borrower ) are herein referred to as the Borrowers and each, a Borrower ), the Lenders from time to time party thereto, and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer. The Guarantor hereby absolutely and unconditionally guarantees, as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of all Obligations of the Company, Holdings, and any Designated Borrower (collectively the Guaranteed Obligations ), and without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such Obligations which may be or hereafter become unenforceable or shall be an allowed or disallowed claim under any proceeding or case commenced by or against the Guarantor or the Borrowers under any Debtor Relief Laws, and shall include interest that accrues after the commencement by or against the Borrowers of any proceeding under any Debtor Relief Laws; provided , notwithstanding anything to the contrary contained in this Guaranty, that the maximum amount payable by any Guarantor which is organized under the laws of the Grand-Duchy of Luxembourg under this Guaranty shall be limited, at any time, to an aggregate amount (without duplication) not exceeding the greater sum of (i) ninety-five percent (95%) of such Guarantors net assets ( capitaux propres ) and its subordinated debt ( dettes subordonnées ) determined in accordance with article 34 of the Luxembourg law of 19 December 2002 on the register of Commerce and Companies, on accounting and on annual accounts of the companies, as reflected in the financial information of such Guarantor, including, without limitation, its latest financial statements ( comptes annuels ), available at the date of this Guaranty and approved by the
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shareholders of the applicable Guarantor and certified by the statutory or the independent auditor, and any (unaudited) interim financial statements signed by its board of managers ( gérants ), as the case may be, and (ii) ninety-five percent (95%) of such Guarantors net assets ( capitaux propres ) and its subordinated debt ( dettes subordonnées ) determined in accordance with article 34 of the Luxembourg law of 19 December 2002 on the register of Commerce and Companies, on accounting and on annual accounts of the companies, as reflected in the financial information of such Guarantor, including, without limitation, its latest financial statements ( comptes annuels ), available at the date of the relevant payment hereunder and approved by the shareholders of the applicable Guarantor and certified by the statutory or the independent auditor, and any (unaudited) interim financial statements signed by its board of managers ( gérants ), as the case may be. Should the financial information referred in clause (i) and (ii) above not be available on the date this Guaranty is called, the Guarantors net assets ( capitaux propres ) will be determined by the Administrative Agent or any other person designated by the Administrative Agent, acting reasonably, in accordance with the Luxembourg accounting principles applicable to the Guarantor and at the cost of the Guarantor. The limitations set forth under clauses (i) and (ii) above shall not apply to any amounts borrowed under the Loan Documents and made available, in any form whatsoever, to the Guarantor or any of its direct or indirect Subsidiaries. No Guaranteed Obligations will extend to include any obligation or liability and no security granted by a Luxembourg Guarantor will secure any Guaranteed Obligations, in each case, if to do so would be unlawful financial assistance in respect of the acquisition of shares in itself under Article 49-6 or would constitute a misuse of corporate assets ( abus des biens sociaux ) as defined at Article 171-1 of the Luxembourg Act on commercial companies of 10 August 1915, as amended. The parties reserve, for purposes of Articles 1278 et seq. of the Luxembourg Civil Code and except as otherwise stated in the Credit Agreement, the Guarantee given hereby. The Guarantee shall continue in full force and effect for any Secured Party, notwithstanding any assignment, amendment, novation or transfer of any kind by the Collateral Agent or by any Secured Party of all or any part of the Secured Obligations. The accounts or records maintained by the Administrative Agent and each other Secured Party shall be conclusive absent manifest error of the amount of the Guaranteed Obligations. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Guarantor hereunder to pay any amount owing with respect to the Guaranteed Obligations. In the event of any conflict between the accounts and records maintained by any Secured Party and the accounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Guaranteed Obligations or any instrument or agreement evidencing any Guaranteed Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Guaranteed Obligations which might otherwise constitute a defense to the obligations of the Guarantor under this Guaranty, and the Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.
2. No Setoff or Deductions; Taxes; Payments . The Guarantor represents and warrants that it is organized and resident in the Grand Duchy of Luxembourg. Any and all payments by the Guarantor hereunder shall be subject to the same terms and provisions regarding Taxes as are set forth in Section 3.01 of the Credit Agreement with respect to payments made by any Borrower. The Guarantor hereby agrees that the terms and provisions of Section 3.01 of the
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Credit Agreement are hereby incorporated by reference, mutatis mutandis , and the Guarantor hereby agrees to be bound thereby as if such terms and provisions were originally set forth herein. The obligations hereunder shall not be affected by any acts of any Governmental Authority affecting any Borrower or the Guarantor, including but not limited to, any restrictions on the conversion of currency or repatriation or control of funds or any total or partial expropriation of any Borrowers property, or by economic, political, regulatory or other events in the countries where any Borrower is located. All payments hereunder shall be made to the Administrative Agent, for the account of the respective Secured Parties to which such payment is owed, in the applicable currency at the applicable Administrative Agents Office and at the times specified in the Credit Agreement (or in the case of obligations arising under any Secured Cash Management Agreement or Secured Hedge Agreement, to the applicable Cash Management Bank or Hedge Bank as specified in the applicable Secured Cash Management Agreement or Secured Hedge Agreement). The obligations of the Guarantor under this paragraph shall survive the payment in full of the Guaranteed Obligations and the termination of this Guaranty.
3. Rights of Secured Parties . The Guarantor consents and agrees that the Secured Parties may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Secured Parties may determine; and (d) release or substitute one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, the Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of the Guarantor.
4. Certain Waivers . The Guarantor waives (i) any defense arising by reason of any disability or other defense of any Borrower or any other guarantor, or the cessation from any cause whatsoever (including any act or omission of the Secured Parties) of the liability of any Borrower or any other Loan Party; (ii) any defense based on any claim that the Guarantors obligations exceed or are more burdensome than those of any Borrower or any other Loan Party; (iii) the benefit of any statute of limitations affecting the Guarantors liability hereunder; (iv) any right to require any Secured Party to proceed against any Borrower or any other Loan Party, proceed against or exhaust any security for the Guaranteed Obligations, or pursue any other remedy in the Secured Parties power whatsoever and any defense based upon the doctrines of marshalling of assets or of election of remedies; (v) any benefit of and any right to participate in any security now or hereafter held by the Secured Parties; (vi) any fact or circumstance related to the Guaranteed Obligations which might otherwise constitute a defense to the obligations of the Guarantor under this Guaranty and (vii) to the fullest extent permitted by Law, any and all other defenses or benefits that may be derived from or afforded by applicable Law limiting the liability of or exonerating guarantors or sureties.
The Guarantor expressly waives all setoffs and counterclaims and all presentments, demands for payment or performance, notices of nonpayment or nonperformance, protests, notices of protest, notices of dishonor and all other notices or demands of any kind or nature whatsoever with respect to the Guaranteed Obligations, and all notices of acceptance of this Guaranty or of the existence, creation or incurrence of new or additional Guaranteed Obligations.
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For purposes of this paragraph only, references to the principal include each of the Company, Holdings and any Designated Borrower and references to the creditor include each Secured Party. In accordance with Section 2856 of the California Civil Code or any similar Law of any applicable jurisdiction, the Guarantor waives, until the payment in full of the Guaranteed Obligations and termination of the Commitments made under the Credit Agreement, all rights and defenses (i) available to the Guarantor by reason of Sections 2787 through 2855, 2899, and 3433 of the California Civil Code or any similar Laws of any applicable jurisdiction, including all rights or defenses the Guarantor may have by reason of protection afforded to the principal with respect to any of the Guaranteed Obligations, or to any other guarantor of any of the Guaranteed Obligations with respect to any of such guarantors obligations under its guarantee, in either case in accordance with the anti-deficiency or other laws of the State of California limiting or discharging the principals Indebtedness or such other guarantors obligations, including Sections 580a, 580b, 580d and 726 of the California Code of Civil Procedure or any similar Law of any applicable jurisdiction; and (ii) arising out of an election of remedies by the creditor, even though such election, such as a non-judicial foreclosure with respect to security for any Guaranteed Obligation (or any obligation of any other guarantor of any of the Guaranteed Obligations), has destroyed the Guarantors right of subrogation and reimbursement against the principal (or such other guarantor) by the operation of Section 580d of the California Code of Civil Procedure, any similar Law of any applicable jurisdiction or otherwise. No other provision of this Guaranty shall be construed as limiting the generality of any of the covenants and waivers set forth in this paragraph. As provided below, this Agreement shall be governed by, and shall be construed and enforced in accordance with the laws of the State of New York. This paragraph is included solely out of an abundance of caution, and shall not be construed to mean that any of the above-referenced provisions of California law are in any way applicable to this Guaranty or to any of the Guaranteed Obligations.
5. Obligations Independent . The obligations of the Guarantor hereunder are those of primary obligor, and not merely as surety, and are independent of the Guaranteed Obligations and the obligations of any other guarantor, and a separate action may be brought against the Guarantor to enforce this Guaranty whether or not any Borrower or any other Person is joined as a party.
6. Subrogation . The Guarantor shall not exercise any right of subrogation, contribution, indemnity, reimbursement or similar rights with respect to any payments it makes under this Guaranty until all of the Guaranteed Obligations and any amounts payable under this Guaranty have been paid and performed in full and any commitments of the Lenders or other Secured Parties with respect to the Guaranteed Obligations are terminated. If any amounts are paid to the Guarantor in violation of the foregoing limitation, then such amounts shall be held in trust for the benefit of the Secured Parties and shall forthwith be paid to the Administrative Agent (or in the case of obligations arising under any Secured Cash Management Agreement or Secured Hedge Agreement, to the applicable Cash Management Bank or Hedge Bank) to reduce the amount of the Guaranteed Obligations, whether matured or unmatured.
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Form of HIL Guaranty
7. Termination; Reinstatement . This Guaranty is a continuing and irrevocable guaranty of all Guaranteed Obligations now or hereafter existing and shall remain in full force and effect until all Guaranteed Obligations and any other amounts payable under this Guaranty are paid in full in cash and any commitments of the Lenders or other Secured Parties with respect to the Guaranteed Obligations are terminated. Notwithstanding the foregoing, this Guaranty shall continue in full force and effect or be revived, as the case may be, if any payment by or on behalf of any Borrower or the Guarantor or any other guarantor of the Guaranteed Obligations is made, or any Secured Party exercises its right of setoff in respect of the Guaranteed Obligations and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by any Secured Party in its discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Laws or otherwise, all as if such payment had not been made or such setoff had not occurred and whether or not any Secured Party is in possession of or has released this Guaranty and regardless of any prior revocation, rescission, termination or reduction. The obligations of the Guarantor under this paragraph shall survive termination of this Guaranty.
8. Subordination . The Guarantor hereby subordinates the payment of all obligations and indebtedness of each Loan Party owing to the Guarantor, whether now existing or hereafter arising, including but not limited to any obligation of any Loan Party to the Guarantor as subrogee of the Secured Parties or resulting from the Guarantors performance under this Guaranty, to the payment in full in cash of all Guaranteed Obligations. If the Administrative Agent so requests in writing after the occurrence and during the continuance of an Event of Default (provided that no such request shall be required after the occurrence or during the continuance of an Event of Default under Section 8.01(f) or (g) of the Credit Agreement), any such obligation or indebtedness of any Loan Party to the Guarantor shall be enforced and performance received by the Guarantor as trustee for the Secured Parties and the proceeds thereof shall be paid over to the Administrative Agent on account of the Guaranteed Obligations, but without reducing or affecting in any manner the liability of the Guarantor under the other provisions of this Guaranty.
9. Stay of Acceleration . In the event that acceleration of the time for payment of any of the Guaranteed Obligations is stayed, in connection with any case commenced by or against the Guarantor, any Borrower or any other guarantor of the Guaranteed Obligations under any Debtor Relief Laws, or otherwise, all such amounts shall nonetheless be payable by the Guarantor immediately upon demand by the Secured Parties.
10. Expenses . The Guarantor shall pay on demand all out-of-pocket expenses (including attorneys fees and expenses) in any way relating to the enforcement or protection of the Secured Parties rights under this Guaranty or in respect of the Guaranteed Obligations, including any incurred during any workout or restructuring in respect of the Guaranteed Obligations and any incurred in the preservation, protection or enforcement of any rights of any Secured Party in any proceeding under any Debtor Relief Laws. The obligations of the Guarantor under this paragraph shall survive the payment in full of the Guaranteed Obligations and termination of this Guaranty.
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Form of HIL Guaranty
11. Miscellaneous . No provision of this Guaranty may be waived, amended, supplemented or modified, except by a written instrument executed by the Administrative Agent and the Guarantor. No failure by the Secured Parties to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy or power hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies herein provided are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. Unless otherwise agreed by the Administrative Agent and the Guarantor in writing, this Guaranty is not intended to supersede or otherwise affect any other guaranty now or hereafter given by the Guarantor for the benefit of the Secured Parties or any term or provision thereof.
12. Condition of Borrowers . The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from each Borrower and any other guarantor of the Guaranteed Obligations such information concerning the financial condition, business and operations of such Borrower and any such other guarantor as the Guarantor requires, and that the Secured Parties have no duty, and the Guarantor is not relying on the Secured Parties at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of any Borrower or any other guarantor of the Guaranteed Obligations (the Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
13. Setoff . If and to the extent any payment is then due hereunder and an Event of Default has occurred and is continuing, after obtaining the prior written consent of the Administrative Agent, the Secured Parties may setoff and charge from time to time any amount so due against any or all of the Guarantors accounts or deposits with each such Secured Party, irrespective of whether or not such Secured Party shall have made any demand under this Guaranty and although such obligations may be unmatured.
14. Representations and Warranties . The Guarantor represents and warrants that (a) it is duly organized and, if applicable, is in good standing under the Laws of the jurisdiction of its incorporation or organization (to the extent such concepts are relevant under the laws of the relevant jurisdiction) and has full capacity and right to make and perform this Guaranty, and all necessary authority has been obtained; (b) this Guaranty constitutes its legal, valid and binding obligation enforceable in accordance with its terms, subject to (i) applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law and (ii) the Foreign Obligor Enforceability Exceptions, if applicable; (c) the making, existence and performance of this Guaranty does not and will not violate the provisions of any applicable Law, except for violations that could not reasonably be expected to result in a Material Adverse Effect, and does not and will not result in the breach of or contravention of or require any payment to be made under any Contractual Obligation to which the Guarantor is a party or affecting the Guarantors properties except for violations and breaches that could not reasonably be expected to result in a Material Adverse Effect; and (d) all consents, approvals, licenses and authorizations of, and filings and registrations with, any Governmental Authority required under applicable Law for the making and performance of this Guaranty have been
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obtained or made and are in full force and effect, except (i) notices, filings and the payment of appropriate stamp or other duties in connection with the enforcement of this Guaranty against any Foreign Obligor, if applicable, in their jurisdiction of organization and (ii) consents, approvals, registrations, filings or actions the failure of which to obtain or perform could not reasonably be expected to result in a Material Adverse Effect.
15. Indemnification and Survival . Without limitation on any other obligations of the Guarantor or remedies of the Secured Parties under this Guaranty, each Guarantor shall, to the fullest extent permitted by Law, indemnify, defend and save and hold harmless the Secured Parties , and each Related Party of any of the Secured Parties (each such Person being called an Indemnitee ) against, and hold each Indemnitee harmless from, any and all losses, claims, damages, liabilities and related expenses (including the fees, charges and disbursements of any counsel for any Indemnitee), and shall indemnify and hold harmless each Indemnitee from all fees and time charges and disbursements for attorneys who may be employees of any Indemnitee, incurred by any Indemnitee or asserted against any Indemnitee by any third party or by any Borrower or the Guarantor or any other Loan Party arising out of, in connection with, or as a result of (i) the execution or delivery of this Guaranty, any other Loan Document, any Secured Hedge Agreement or Secured Cash Management Agreement or any agreement or instrument contemplated hereby or thereby, the performance by the parties hereto of their respective obligations hereunder or thereunder, the consummation of the transactions contemplated hereby or thereby, or, (x) in the case of the Administrative Agent (and any sub-agent thereof) and its Related Parties only, the administration of this Guaranty and the other Loan Documents (including in respect of any matters addressed in Section 2) or (y) in the case of the Hedge Banks and Cash Management Banks and their respective Related Parties only, the administration of the Secured Hedge Agreement and Secured Cash Management Agreements to which they are a party, (ii) any Loan or Letter of Credit or the use or proposed use of the proceeds therefrom (including any refusal by the L/C Issuer to honor a demand for payment under a Letter of Credit if the documents presented in connection with such demand do not strictly comply with the terms of such Letter of Credit), (iii) any actual or alleged presence or release of Hazardous Materials on or from any property owned or operated by any Borrower or any of its Subsidiaries, or any Environmental Liability related in any way to any Borrower or any of its Subsidiaries, or (iv) any actual or prospective claim, litigation, investigation or proceeding relating to any of the foregoing, whether based on contract, tort or any other theory, whether brought by a third party or by any Loan Party, and regardless of whether any Indemnitee is a party thereto, IN ALL CASES, WHETHER OR NOT CAUSED BY OR ARISING, IN WHOLE OR IN PART, OUT OF THE COMPARATIVE, CONTRIBUTORY OR SOLE NEGLIGENCE OF THE INDEMNITEE; provided that such indemnity shall not, as to any Indemnitee, be available to the extent that such losses, claims, damages, liabilities or related expenses (a) are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Indemnitee or (b) result from a claim brought by any Loan Party against an Indemnitee for breach in bad faith of such Indemnitees obligations hereunder or under any other Loan Document, Secured Hedge Agreement or Secured Cash Management Agreement, if such Loan Party has obtained a final and nonappealable judgment in its favor on such claim as determined by a court of competent jurisdiction. The obligations of the Guarantor under this paragraph shall survive the payment in full of the Guaranteed Obligations and the termination of this Guaranty.
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16. GOVERNING LAW; Assignment; Jurisdiction; Notices . THIS GUARANTY AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS GUARANTY OR ANY OTHER LOAN DOCUMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK. This Guaranty shall (a) bind the Guarantor and its successors and assigns, provided that the Guarantor may not assign its rights or obligations under this Guaranty without the prior written consent of the Administrative Agent (and any attempted assignment without such consent shall be void), and (b) inure to the benefit of the Secured Parties and their respective successors and assigns and any Secured Party may, without notice to the Guarantor and without affecting the Guarantors obligations hereunder, assign, sell or grant participations in the Guaranteed Obligations and this Guaranty, in whole or in part, in accordance with the Credit Agreement. The Guarantor hereby irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against the Administrative Agent or any Secured Party, or any related party of the foregoing in any way relating to this Guaranty or any other Loan Document or the transactions relating hereto or thereto, in any forum other than the courts of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and each of the parties hereto irrevocably and unconditionally submits to the jurisdiction of such courts and agrees that all claims in respect of any such action, litigation or proceeding may be heard and determined in such New York State court or, to the fullest extent permitted by applicable Law, in such federal court. The Guarantor agrees that a final judgment in any such action, litigation or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law. Nothing in this Guaranty shall affect any right that the Administrative Agent or any other Secured Party may otherwise have to bring any action or proceeding relating to this Guaranty, any other Loan Document, any Secured Hedge Agreement or any Secured Cash Management Agreement against the Guarantor or its properties in the courts of any jurisdiction. The Guarantor hereby waives, to the fullest extent permitted by applicable Law, any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Guaranty, any other Loan Document, any Secured Hedge Agreement or any Secured Cash Management Agreement in any court referred to above and the Guarantor hereby waives any defense asserting an inconvenient forum in connection therewith. Service of process in connection with such action, litigation or proceeding shall be made in the manner provided for notices below. All notices and other communications (including any service of process) to the Guarantor under this Guaranty shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier to the Guarantor at its address set forth below or at such other address in the United States as may be specified by the Guarantor in a written notice delivered to the Administrative Agent at the Administrative Agents Office.
17. WAIVER OF JURY TRIAL; FINAL AGREEMENT . EACH OF THE GUARANTOR AND THE ADMINISTRATIVE AGENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS GUARANTY, ANY OTHER LOAN DOCUMENT, ANY SECURED HEDGE AGREEMENT OR ANY SECURED CASH
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MANAGEMENT AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS GUARANTY, THE OTHER LOAN DOCUMENTS, THE SECURED HEDGE AGREEMENTS AND THE SECURED CASH MANAGEMENT AGREEMENTS TO WHICH IT IS A PARTY BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. THIS GUARANTY REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
18. Severability . Wherever possible, each provision of this Guaranty will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Guaranty is prohibited by or invalid under such law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Guaranty. Consistent with the foregoing, and notwithstanding any other provision of this Guaranty to the contrary, in the event that any action or proceeding is brought in whatever form and in whatever forum seeking to invalidate the Guarantors obligations under this Guaranty under any fraudulent conveyance, fraudulent transfer theory, or similar avoidance theory, whether under state or federal law, the Guarantor, automatically and without any further action being required of the Guarantor or any Secured Party, shall be liable under this Guaranty only for an amount equal to the maximum amount of liability that could have been incurred under applicable law by the Guarantor under any guaranty of the Guaranteed Obligations (or any portion thereof) at the time of the execution and delivery of this Guaranty (or, if such date is determined not to be the appropriate date for determining the enforceability of the Guarantors obligations hereunder for fraudulent conveyance or transfer (or similar avoidance) purposes, on the date determined to be so appropriate) without rendering such a hypothetical guaranty voidable under applicable law relating to fraudulent conveyance, fraudulent transfer, or any other grounds for avoidance (such highest amount determined hereunder being the Guarantors Maximum Guaranty Amount ), and not for any greater amount, as if the stated amount of this Guaranty as to the Guarantor had instead been the Maximum Guaranty Amount. This Section is intended solely to preserve the rights of the Secured Parties under this Guaranty to the maximum extent not subject to avoidance under applicable law, and neither the Guarantor nor any other Person shall have any right or claim under this Section with respect to the limitation described in this Guaranty, except to the extent necessary so that the obligations of the Guarantor under this Guaranty shall not be rendered voidable under applicable law.
19. Judgment Currency . If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business
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Day preceding that on which final judgment is given. The obligation of the Guarantor in respect of any such sum due from it to the Administrative Agent or any other Secured Party hereunder shall, notwithstanding any judgment in a currency (the Judgment Currency ) other than that in which such sum is denominated in accordance with the applicable provisions of the Guaranty and the Credit Agreement (the Agreement Currency ), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Secured Party, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Secured Party, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the applicable Secured Party from the Guarantor in the Agreement Currency, the Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Secured Party against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the applicable Secured Party in such currency, such Secured Party agrees to return the amount of any excess to the Guarantor (or to any other Person who may be entitled thereto under applicable Law).
20. Keepwell . The Guarantor (to the extent it has total assets exceeding $10,000,000 or qualifies at such time as an eligible contract participant under the Commodity Exchange Act and can cause another Person to qualify as an eligible contract participant at such time under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act) at the time the Guaranty or the grant of a Lien under the Loan Documents, in each case, by any Specified Loan Party becomes effective with respect to any Swap Obligation, hereby jointly and severally, absolutely, unconditionally and irrevocably undertakes to provide such funds or other support to each Specified Loan Party with respect to such Swap Obligation as may be needed by such Specified Loan Party from time to time to honor all of its obligations under the Loan Documents in respect of such Swap Obligation (but, in each case, only up to the maximum amount of such liability that can be hereby incurred without rendering the Guarantors obligations and undertakings under this paragraph voidable under applicable Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations and undertakings of the Guarantor under this paragraph shall remain in full force and effect until the Guaranteed Obligations have been paid and performed in full. The Guarantor intends this paragraph to constitute, and this paragraph shall be deemed to constitute, a guarantee of the obligations of, and a keepwell, support, or other agreement for the benefit of, each Specified Loan Party for all purposes of the Commodity Exchange Act.
21. Amendment and Restatement . It is the intention of the Guarantor that the HIL Guaranty, dated as of March 9, 2011, made by the Guarantor in respect of the Guaranteed Obligations (as defined therein) (as amended, restated, supplemented or otherwise modified prior to the date hereof, the Existing HIL Guaranty ), be amended and restated so as to preserve the perfection and priority of all security interests securing indebtedness and obligations under the Existing HIL Guaranty, that all Indebtedness and Obligations of the Guarantor under the Loan Documents shall be secured by the Collateral Documents, and that this Guaranty does not constitute a novation of the obligations and liabilities existing under the Existing HIL Guaranty. This Agreement constitutes an amendment of the Existing HIL Guaranty made under and in accordance with the Loan Documents.
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The Guarantor hereby acknowledges and agrees that any Loan Document to which it is a party or otherwise bound shall continue in full force and effect (including, without limitation, the pledge and security interest in the Collateral granted by it pursuant to the Collateral Documents) and that all of its obligations thereunder shall be valid, binding, and enforceable in accordance with its terms, and shall not be impaired or limited by the execution or effectiveness of this Guaranty. The Guarantor (in its capacity as debtor, grantor, pledger, guarantor, assignor, or in any other similar capacity in which the Guarantor grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be) hereby (i) acknowledges and agrees that this Guaranty does not constitute a novation or termination of the secured obligations under any of the Collateral Documents or the other Loan Documents as in effect prior to the Restatement Effective Date and which remain outstanding as of the Restatement Effective Date, (ii) acknowledges and agrees that the secured obligations under the Collateral Documents and the other Loan Documents (as amended or modified in connection herewith) are in all respects continuing, (iii) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party (after giving effect hereto), (iv) to the extent the Guarantor granted Liens on any of its Collateral pursuant to any such Loan Document as security for or otherwise guaranteed the Obligations under or with respect to the Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and Liens and confirms and agrees that such security interests and Liens are in all respects continuing and in full force and effect and shall continue to secure all of the secured obligations under the Collateral Documents or the other Loan Documents, including, without limitation, all of the Guaranteed Obligations hereunder and (v) agrees that this Guaranty shall in no manner impair or otherwise adversely affect any of such Liens.
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IN WITNESS WHEREOF, the Guarantor has executed and delivered this Guaranty as of the day and year first written above.
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HERBALIFE INTERNATIONAL LUXEMBOURG S.À R.L. , a Luxembourg private limited liability company |
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| 16, Avenue de la Gare L-1610 | ||
| Luxembourg | ||
[Signature Page to Amended and Restated HIL Guaranty]
EXHIBIT H-4
FORM OF DOMESTIC SUBSIDIARY GUARANTY
AMENDED AND RESTATED DOMESTIC SUBSIDIARY GUARANTY
FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, and in consideration of credit and/or financial accommodation heretofore or hereafter from time to time made or granted to (a) HERBALIFE INTERNATIONAL, INC., a Nevada corporation (the Company ), (b) HERBALIFE LTD., a Cayman Islands exempted company incorporated with limited liability, with registered number 116838 ( Holdings ), (c) HERBALIFE INTERNATIONAL LUXEMBOURG S.À R.L., a private limited liability company ( société à responsabilité limitée ) organized under the laws of the Grand Duchy of Luxembourg, having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, Grand Duchy of Luxembourg, having a share capital of EUR 25,000 and registered with the Luxembourg Register of Commerce and Companies ( R.C.S. Luxembourg ) under number B 88.006 ( HIL ), and (d) any Designated Borrower (as hereinafter defined) by the Lenders under the Credit Agreement (as hereinafter defined), each of the undersigned Guarantors and each other Person from time to time party hereto (each, in such capacity, a Guarantor and collectively, the Guarantors ) hereby furnishes its guaranty (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, this Guaranty ) of the Guaranteed Obligations (as hereinafter defined) on the 4th day of May, 2015, as follows:
1. Guaranty . Reference is made to that certain Credit Agreement, dated as of March 9, 2011, as the same has been amended and restated pursuant to the First Amendment to Credit Agreement dated as of July 26, 2012, as further amended pursuant to the Second Amendment to Credit Agreement dated as of February 3, 2014, and as further amended and restated pursuant to the Third Amendment to Credit Agreement, dated as of the date hereof (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the Credit Agreement ; the terms defined therein being used herein as therein defined), among the Company, Holdings, HIL (the Company, Holdings, HIL and any Subsidiary of Holdings that becomes a borrower under the Credit Agreement (each such Subsidiary, a Designated Borrower ) are herein referred to as the Borrowers and each, a Borrower ), the Lenders from time to time party thereto, and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer. The Guarantors hereby absolutely and unconditionally (except to the extent otherwise limited in accordance with applicable requirements of Law (including, in the case of Herbalife International Do Brasil Ltda., in connection with any required central bank approval for cash to be sent out of Brazil)), jointly and severally guarantee, as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of all Obligations (collectively the Guaranteed Obligations ); provided , that, notwithstanding the foregoing, with respect to any Subsidiary of Holdings that is an Excluded U.S. Guarantor, the Guaranteed Obligations shall not include any Obligations of a Loan Party that is a U.S. Person as defined in the Code. Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such Obligations which may be or hereafter become unenforceable or shall be an allowed or disallowed claim under any proceeding or case commenced by or against the Guarantor or the Borrowers under any Debtor Relief Laws, and shall include interest that accrues after the commencement by or against the Borrower of any proceeding under any Debtor Relief Laws. The accounts or records maintained by the Administrative Agent and each other Secured Party shall be conclusive absent manifest error of the amount of the Guaranteed Obligations. Any failure to so record or any error in doing so shall
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not, however, limit or otherwise affect the obligation of any Guarantor hereunder to pay any amount owing with respect to the Guaranteed Obligations. In the event of any conflict between the accounts and records maintained by any Secured Party and the accounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Guaranteed Obligations or any instrument or agreement evidencing any Guaranteed Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Guaranteed Obligations which might otherwise constitute a defense to the obligations of the Guarantors under this Guaranty, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.
2. No Setoff or Deductions; Taxes; Payments . Each Guarantor represents and warrants that it is incorporated or organized and resident in the United States of America. Any and all payments by each Guarantor hereunder shall be subject to the same terms and provisions regarding Taxes as are set forth in Section 3.01 of the Credit Agreement with respect to payments made by any Borrower. Each Guarantor hereby agrees that the terms and provisions of Section 3.01 of the Credit Agreement are hereby incorporated by reference, mutatis mutandis , and each Guarantor hereby agrees to be bound thereby as if such terms and provisions were originally set forth herein. The obligations hereunder shall not be affected by any acts of any Governmental Authority affecting any Borrower or any Guarantor, including but not limited to, any restrictions on the conversion of currency or repatriation or control of funds or any total or partial expropriation of any Borrowers property, or by economic, political, regulatory or other events in the countries where any Borrower is located. All payments hereunder shall be made to the Administrative Agent, for the account of the respective Secured Parties to which such payment is owed, in the applicable currency at the applicable Administrative Agents Office and at the times specified in the Credit Agreement (or in the case of obligations arising under any Secured Cash Management Agreement or Secured Hedge Agreement, to the applicable Cash Management Bank or Hedge Bank as specified in the applicable Secured Cash Management Agreement or Secured Hedge Agreement). The obligations of each Guarantor under this paragraph shall survive the payment in full of the Guaranteed Obligations and the termination of this Guaranty.
3. Rights of Secured Parties . Each Guarantor consents and agrees that the Secured Parties may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Secured Parties may determine; and (d) release or substitute one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of such Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of such Guarantor.
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4. Certain Waivers . Each Guarantor waives (i) any defense arising by reason of any disability or other defense of any Borrower or any other guarantor, or the cessation from any cause whatsoever (including any act or omission of the Secured Parties) of the liability of any Borrower or any other Loan Party; (ii) any defense based on any claim that such Guarantors obligations exceed or are more burdensome than those of any Borrower or any other Loan Party; (iii) the benefit of any statute of limitations affecting such Guarantors liability hereunder; (iv) any right to require any Secured Party to proceed against any Borrower or any other Loan Party, proceed against or exhaust any security for the Guaranteed Obligations, or pursue any other remedy in the Secured Parties power whatsoever and any defense based upon the doctrines of marshalling of assets or of election of remedies; (v) any benefit of and any right to participate in any security now or hereafter held by the Secured Parties; (vi) any fact or circumstance related to the Guaranteed Obligations which might otherwise constitute a defense to the obligations of such Guarantor under this Guaranty and (vii) to the fullest extent permitted by Law, any and all other defenses or benefits that may be derived from or afforded by applicable Law limiting the liability of or exonerating guarantors or sureties.
Each Guarantor expressly waives all setoffs and counterclaims and all presentments, demands for payment or performance, notices of nonpayment or nonperformance, protests, notices of protest, notices of dishonor and all other notices or demands of any kind or nature whatsoever with respect to the Guaranteed Obligations, and all notices of acceptance of this Guaranty or of the existence, creation or incurrence of new or additional Guaranteed Obligations.
For purposes of this paragraph only, references to the principal include each of the Company, HIL, Holdings and any Designated Borrower and references to the creditor include each Secured Party. In accordance with Section 2856 of the California Civil Code or any similar Law of any applicable jurisdiction, the Guarantor waives, until the payment in full of the Guaranteed Obligations and termination of the Commitments made under the Credit Agreement, all rights and defenses (i) available to such Guarantor by reason of Sections 2787 through 2855, 2899, and 3433 of the California Civil Code or any similar Laws of any applicable jurisdiction, including all rights or defenses such Guarantor may have by reason of protection afforded to the principal with respect to any of the Guaranteed Obligations, to any other Guarantor or to any other guarantor of any of the Guaranteed Obligations with respect to any of such guarantors obligations under its guarantee, in any case in accordance with the anti-deficiency or other laws of the State of California limiting or discharging the principals Indebtedness or such other guarantors obligations, including Sections 580a, 580b, 580d and 726 of the California Code of Civil Procedure or any similar Law of any applicable jurisdiction; and (ii) arising out of an election of remedies by the creditor, even though such election, such as a non-judicial foreclosure with respect to security for any Guaranteed Obligation (or any obligation of any other guarantor of any of the Guaranteed Obligations), has destroyed such Guarantors right of subrogation and reimbursement against the principal (or such other guarantor) by the operation of Section 580d of the California Code of Civil Procedure, any similar Law of any applicable jurisdiction or otherwise. No other provision of this Guaranty shall be construed as limiting the generality of any of the covenants and waivers set forth in this paragraph. As provided below, this Agreement shall be governed by, and shall be construed and enforced in accordance with the laws of the State of New York. This paragraph is included solely out of an abundance of caution, and shall not be construed to mean that any of the above-referenced provisions of California law are in any way applicable to this Guaranty or to any of the Guaranteed Obligations.
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5. Obligations Independent . The obligations of the Guarantors hereunder are those of primary obligor, and not merely as surety, and are independent of the Guaranteed Obligations and the obligations of any other guarantor, and a separate action may be brought against any Guarantor to enforce this Guaranty whether or not any Borrower, any other Guarantor or any other Person is joined as a party.
6. Subrogation . No Guarantor shall exercise any right of subrogation, contribution, indemnity, reimbursement or similar rights with respect to any payments it makes under this Guaranty until all of the Guaranteed Obligations and any amounts payable under this Guaranty have been paid and performed in full and any commitments of the Lenders or other Secured Parties with respect to the Guaranteed Obligations are terminated. If any amounts are paid to any Guarantor in violation of the foregoing limitation, then such amounts shall be held in trust for the benefit of the Secured Parties and shall forthwith be paid to the Administrative Agent (or in the case of obligations arising under any Secured Cash Management Agreement or Secured Hedge Agreement, to the applicable Cash Management Bank or Hedge Bank) to reduce the amount of the Guaranteed Obligations, whether matured or unmatured.
7. Termination; Reinstatement . This Guaranty is a continuing and irrevocable guaranty of all Guaranteed Obligations now or hereafter existing and shall remain in full force and effect until all Guaranteed Obligations and any other amounts payable under this Guaranty are paid in full in cash and any commitments of the Lenders or other Secured Parties with respect to the Guaranteed Obligations are terminated. Notwithstanding the foregoing, this Guaranty shall continue in full force and effect or be revived, as the case may be, if any payment by or on behalf of any Borrower or any Guarantor or any other guarantor of the Guaranteed Obligations is made, or any Secured Party exercises its right of setoff in respect of the Guaranteed Obligations and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by any Secured Party in its discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Laws or otherwise, all as if such payment had not been made or such setoff had not occurred and whether or not any Secured Party is in possession of or has released this Guaranty and regardless of any prior revocation, rescission, termination or reduction. The obligations of the Guarantors under this paragraph shall survive termination of this Guaranty.
8. Subordination . Each Guarantor hereby subordinates the payment of all obligations and indebtedness of each Loan Party owing to such Guarantor, whether now existing or hereafter arising, including but not limited to any obligation of any Loan Party to the Guarantor as subrogee of the Secured Parties or resulting from such Guarantors performance under this Guaranty, to the payment in full in cash of all Guaranteed Obligations. If the Administrative Agent so requests in writing after the occurrence and during the continuance of an Event of Default (provided that no such request shall be required after the occurrence or during the continuance of an Event of Default under Section 8.01(f) or (g) of the Credit Agreement), any such obligation or indebtedness of any Loan Party to any Guarantor shall be enforced and performance received by the Guarantor as trustee for the Secured Parties and the
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proceeds thereof shall be paid over to the Administrative Agent on account of the Guaranteed Obligations, but without reducing or affecting in any manner the liability of the Guarantors under the other provisions of this Guaranty.
9. Stay of Acceleration . In the event that acceleration of the time for payment of any of the Guaranteed Obligations is stayed, in connection with any case commenced by or against any Guarantor, any Borrower or any other guarantor of the Guaranteed Obligations under any Debtor Relief Laws, or otherwise, all such amounts shall nonetheless be payable by the Guarantors immediately upon demand by the Secured Parties.
10. Expenses . The Guarantors shall pay on demand all out-of-pocket expenses (including attorneys fees and expenses) in any way relating to the enforcement or protection of the Secured Parties rights under this Guaranty or in respect of the Guaranteed Obligations, including any incurred during any workout or restructuring in respect of the Guaranteed Obligations and any incurred in the preservation, protection or enforcement of any rights of any Secured Party in any proceeding under any Debtor Relief Laws. The obligations of the Guarantors under this paragraph are joint and several and shall survive the payment in full of the Guaranteed Obligations and termination of this Guaranty.
11. Miscellaneous . No provision of this Guaranty may be waived, amended, supplemented or modified, except by a written instrument executed by the Administrative Agent and the Guarantors. No failure by the Secured Parties to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy or power hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies herein provided are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. Unless otherwise agreed by the Administrative Agent and the Guarantors in writing, this Guaranty is not intended to supersede or otherwise affect any other guaranty now or hereafter given by any Guarantor for the benefit of the Secured Parties or any term or provision thereof.
12. Condition of Borrowers . Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from each Borrower, each other Guarantor and any other guarantor of the Guaranteed Obligations such information concerning the financial condition, business and operations of such Borrower, such other Guarantor and any such other guarantor as such Guarantor requires, and that the Secured Parties have no duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to such Guarantor any information relating to the business, operations or financial condition of any Borrower, any other Guarantor or any other guarantor of the Guaranteed Obligations (the Guarantors waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
13. Setoff . If and to the extent any payment is then due hereunder and an Event of Default has occurred and is continuing, after obtaining the prior written consent of the Administrative Agent, the Secured Parties may setoff and charge from time to time any amount so due against any or all of any Guarantors accounts or deposits with each such Secured Party, irrespective of whether or not such Secured Party shall have made any demand under this Guaranty and although such obligations may be unmatured.
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14. Representations and Warranties . Each Guarantor represents and warrants that (a) it is duly organized and, if applicable, is in good standing under the Laws of the jurisdiction of its incorporation or organization (to the extent such concepts are relevant under the laws of the relevant jurisdiction) and has full capacity and right to make and perform this Guaranty, and all necessary authority has been obtained; (b) this Guaranty constitutes its legal, valid and binding obligation enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law; (c) the making, existence and performance of this Guaranty does not and will not violate the provisions of any applicable Law, except for violations that could not reasonably be expected to result in a Material Adverse Effect, and does not and will not result in the breach of or contravention of or require any payment to be made under any Contractual Obligation to which such Guarantor is a party or affecting such Guarantors properties except for violations and breaches that could not reasonably be expected to result in a Material Adverse Effect; and (d) all consents, approvals, licenses and authorizations of, and filings and registrations with, any Governmental Authority required under applicable Law for the making and performance of this Guaranty have been obtained or made and are in full force and effect, except consents, approvals, registrations, filings or actions the failure of which to obtain or perform could not reasonably be expected to result in a Material Adverse Effect.
15. Indemnification and Survival . Without limitation on any other obligations of the Guarantors or remedies of the Secured Parties under this Guaranty, each Guarantor shall, to the fullest extent permitted by Law, indemnify, defend and save and hold harmless the Secured Parties, and each Related Party of any of the Secured Parties (each such Person being called an Indemnitee ) against, and hold each Indemnitee harmless from, any and all losses, claims, damages, liabilities and related expenses (including the fees, charges and disbursements of any counsel for any Indemnitee), and shall indemnify and hold harmless each Indemnitee from all fees and time charges and disbursements for attorneys who may be employees of any Indemnitee, incurred by any Indemnitee or asserted against any Indemnitee by any third party or by any Borrower or any Guarantor or any other Loan Party arising out of, in connection with, or as a result of (i) the execution or delivery of this Guaranty, any other Loan Document, any Secured Hedge Agreement or Secured Cash Management Agreement or any agreement or instrument contemplated hereby or thereby, the performance by the parties hereto of their respective obligations hereunder or thereunder, the consummation of the transactions contemplated hereby or thereby, or, (x) in the case of the Administrative Agent (and any sub-agent thereof) and its Related Parties only, the administration of this Guaranty and the other Loan Documents (including in respect of any matters addressed in Section 2) or (y) in the case of the Hedge Banks and Cash Management Banks and their respective Related Parties only, the administration of the Secured Hedge Agreement and Secured Cash Management Agreements to which they are a party, (ii) any Loan or Letter of Credit or the use or proposed use of the proceeds therefrom (including any refusal by the L/C Issuer to honor a demand for payment under a Letter of Credit if the documents presented in connection with such demand do not strictly comply with the terms of such Letter of Credit), (iii) any actual or alleged presence or release of Hazardous Materials on or from any property owned or operated by any Borrower or
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any of its Subsidiaries, or any Environmental Liability related in any way to any Borrower or any of its Subsidiaries, or (iv) any actual or prospective claim, litigation, investigation or proceeding relating to any of the foregoing, whether based on contract, tort or any other theory, whether brought by a third party or by any Loan Party, and regardless of whether any Indemnitee is a party thereto, IN ALL CASES, WHETHER OR NOT CAUSED BY OR ARISING, IN WHOLE OR IN PART, OUT OF THE COMPARATIVE, CONTRIBUTORY OR SOLE NEGLIGENCE OF THE INDEMNITEE; provided that such indemnity shall not, as to any Indemnitee, be available to the extent that such losses, claims, damages, liabilities or related expenses (a) are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Indemnitee or (b) result from a claim brought by any Loan Party against an Indemnitee for breach in bad faith of such Indemnitees obligations hereunder or under any other Loan Document, Secured Hedge Agreement or Secured Cash Management Agreement, if such Loan Party has obtained a final and nonappealable judgment in its favor on such claim as determined by a court of competent jurisdiction. The obligations of the Guarantors under this paragraph are joint and several and shall survive the payment in full of the Guaranteed Obligations and the termination of this Guaranty.
16. GOVERNING LAW; Assignment; Jurisdiction; Notices . THIS GUARANTY AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS GUARANTY OR ANY OTHER LOAN DOCUMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK. This Guaranty shall (a) bind each Guarantor and its successors and assigns, provided that no Guarantor may assign its rights or obligations under this Guaranty without the prior written consent of the Administrative Agent (and any attempted assignment without such consent shall be void), and (b) inure to the benefit of the Secured Parties and their respective successors and assigns and any Secured Party may, without notice to the Guarantors and without affecting the Guarantors obligations hereunder, assign, sell or grant participations in the Guaranteed Obligations and this Guaranty, in whole or in part, in accordance with the Credit Agreement. Each Guarantor hereby irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against the Administrative Agent or any Secured Party, or any related party of the foregoing in any way relating to this Guaranty or any other Loan Document or the transactions relating hereto or thereto, in any forum other than the courts of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and each of the parties hereto irrevocably and unconditionally submits to the jurisdiction of such courts and agrees that all claims in respect of any such action, litigation or proceeding may be heard and determined in such New York State court or, to the fullest extent permitted by applicable Law, in such federal court. Each Guarantor agrees that a final judgment in any such action, litigation or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law. Nothing in this Guaranty shall affect any right that the Administrative Agent or any other Secured Party may otherwise have to bring any action or proceeding relating to this Guaranty, any other Loan Document, any Secured Hedge Agreement or any Secured Cash Management Agreement against such Guarantor or its properties in the courts of any jurisdiction. Each Guarantor hereby waives, to the fullest extent
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permitted by applicable Law, any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Guaranty, any other Loan Document, any Secured Hedge Agreement or any Secured Cash Management Agreement in any court referred to above and each Guarantor hereby waives any defense asserting an inconvenient forum in connection therewith. Service of process in connection with such action, litigation or proceeding shall be made in the manner provided for notices below. All notices and other communications (including any service of process) to the Guarantors under this Guaranty shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier to each Guarantor at its address set forth below or at such other address in the United States as may be specified by the applicable Guarantor in a written notice delivered to the Administrative Agent at the Administrative Agents Office.
17. WAIVER OF JURY TRIAL; FINAL AGREEMENT . EACH GUARANTOR AND THE ADMINISTRATIVE AGENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS GUARANTY, ANY OTHER LOAN DOCUMENT, ANY SECURED HEDGE AGREEMENT OR ANY SECURED CASH MANAGEMENT AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS GUARANTY, THE OTHER LOAN DOCUMENTS, THE SECURED HEDGE AGREEMENTS AND THE SECURED CASH MANAGEMENT AGREEMENTS TO WHICH IT IS A PARTY BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. THIS GUARANTY REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
18. Severability . Wherever possible, each provision of this Guaranty will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Guaranty is prohibited by or invalid under such law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Guaranty. Consistent with the foregoing, and notwithstanding any other provision of this Guaranty to the contrary, in the event that any action or proceeding is brought in whatever form and in whatever forum seeking to invalidate any Guarantors obligations under this Guaranty under any fraudulent conveyance, fraudulent transfer theory, or similar avoidance theory, whether under state or federal law, such Guarantor (the Affected Guarantor ), automatically and without any further action being required of the Affected Guarantor or any Secured Party, shall be liable under this Guaranty only for an amount equal to the maximum amount of liability that could have been incurred under applicable law by the Affected Guarantor under any guaranty of the Guaranteed Obligations (or any portion
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thereof) at the time of the execution and delivery of this Guaranty (or, if such date is determined not to be the appropriate date for determining the enforceability of the Affected Guarantors obligations hereunder for fraudulent conveyance or transfer (or similar avoidance) purposes, on the date determined to be so appropriate) without rendering such a hypothetical guaranty voidable under applicable law relating to fraudulent conveyance, fraudulent transfer, or any other grounds for avoidance (such highest amount determined hereunder being the Affected Guarantors Maximum Guaranty Amount ), and not for any greater amount, as if the stated amount of this Guaranty as to the Affected Guarantor had instead been the Maximum Guaranty Amount. This Section is intended solely to preserve the rights of the Secured Parties under this Guaranty to the maximum extent not subject to avoidance under applicable law, and neither the Affected Guarantor nor any other Person shall have any right or claim under this Section with respect to the limitation described in this Guaranty, except to the extent necessary so that the obligations of the Affected Guarantor under this Guaranty shall not be rendered voidable under applicable law. Without limiting the generality of the foregoing, the determination of a Maximum Guaranty Amount for the Affected Guarantor pursuant to the provisions of the second preceding sentence of this Section shall not in any manner reduce or otherwise affect the obligations of any other guarantors of any of the Guaranteed Obligations.
19. Judgment Currency . If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Guarantors in respect of any such sum due from it to the Administrative Agent or any other Secured Party hereunder shall, notwithstanding any judgment in a currency (the Judgment Currency ) other than that in which such sum is denominated in accordance with the applicable provisions of the Guaranty and the Credit Agreement (the Agreement Currency ), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Secured Party, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Secured Party, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the applicable Secured Party from the applicable Guarantor in the Agreement Currency, the applicable Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Secured Party against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the applicable Secured Party in such currency, such Secured Party agrees to return the amount of any excess to the applicable Guarantor (or to any other Person who may be entitled thereto under applicable Law).
20. Keepwell . Each Guarantor (to the extent it has total assets exceeding $10,000,000 or qualifies at such time as an eligible contract participant under the Commodity Exchange Act and can cause another Person to qualify as an eligible contract participant at such time under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act) at the time the Guaranty or the grant of a Lien under the Loan Documents, in each case, by any Specified Loan Party becomes effective with respect to any Swap Obligation, hereby jointly and severally, absolutely, unconditionally and irrevocably undertakes to provide such funds or other support to each Specified Loan Party with respect to such Swap Obligation as may be needed by such
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Specified Loan Party from time to time to honor all of its obligations under the Loan Documents in respect of such Swap Obligation (but, in each case, only up to the maximum amount of such liability that can be hereby incurred without rendering the Guarantors obligations and undertakings under this paragraph voidable under applicable Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations and undertakings of the Guarantors under this paragraph are joint and several and shall remain in full force and effect until the Guaranteed Obligations have been paid and performed in full. Each Guarantor intends this paragraph to constitute, and this paragraph shall be deemed to constitute, a guarantee of the obligations of, and a keepwell, support, or other agreement for the benefit of, each Specified Loan Party for all purposes of the Commodity Exchange Act.
21. Amendment and Restatement . It is the intention of the Guarantors that the Domestic Subsidiary Guaranty, dated as of March 9, 2011, made by the Guarantors in respect of the Guaranteed Obligations (as defined therein) (as amended, restated, supplemented or otherwise modified prior to the date hereof, the Existing Domestic Subsidiary Guaranty ), be amended and restated so as to preserve the perfection and priority of all security interests securing indebtedness and obligations under the Existing Domestic Subsidiary Guaranty, that all Indebtedness and Obligations of the Guarantors under the Loan Documents shall be secured by the Collateral Documents, and that this Guaranty does not constitute a novation of the obligations and liabilities existing under the Existing Domestic Subsidiary Guaranty. This Agreement constitutes an amendment of the Existing Domestic Subsidiary Guaranty made under and in accordance with the Loan Documents.
Each Guarantor hereby acknowledges and agrees that any Loan Document to which it is a party or otherwise bound shall continue in full force and effect (including, without limitation, the pledge and security interest in the Collateral granted by it pursuant to the Collateral Documents) and that all of its obligations thereunder shall be valid, binding, and enforceable in accordance with its terms, and shall not be impaired or limited by the execution or effectiveness of this Guaranty. Each Guarantor (in its capacity as debtor, grantor, pledger, guarantor, assignor, or in any other similar capacity in which each Guarantor grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be) hereby (i) acknowledges and agrees that this Guaranty does not constitute a novation or termination of the secured obligations under any of the Collateral Documents or the other Loan Documents as in effect prior to the Restatement Effective Date and which remain outstanding as of the Restatement Effective Date, (ii) acknowledges and agrees that the secured obligations under the Collateral Documents and the other Loan Documents (as amended or modified in connection herewith) are in all respects continuing, (iii) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party (after giving effect hereto), (iv) to the extent each Guarantor granted Liens on any of its Collateral pursuant to any such Loan Document as security for or otherwise guaranteed the Obligations under or with respect to the Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and Liens and confirms and agrees that such security interests and Liens are in all respects continuing and in full force and effect and shall continue to secure all of the secured obligations under the Collateral Documents or the other Loan Documents, including, without limitation, all of the Guaranteed Obligations hereunder and (v) agrees that this Guaranty shall in no manner impair or otherwise adversely affect any of such Liens.
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IN WITNESS WHEREOF, each Guarantor has executed and delivered this Guaranty as of the day and year first written above.
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HERBALIFE INTERNATIONAL OF EUROPE, INC. , a California corporation |
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Address: 800 West Olympic Boulevard, #406 |
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| Los Angeles, CA 90015 | ||
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HERBALIFE INTERNATIONAL OF AMERICA, INC. , a Nevada corporation |
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| 800 West Olympic Boulevard, #406 | ||
| Los Angeles, CA 90015 | ||
[Signature Page to Amended and Restated Domestic Subsidiary Guaranty]
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HERBALIFE INTERNATIONAL DO BRASIL LTDA. , a corporation dually organized in Brazil and Delaware |
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Address: 800 West Olympic Boulevard, #406 |
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| Los Angeles, CA 90015 | ||
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HERBALIFE KOREA CO., LTD. , a corporation dually organized in Korea and Delaware |
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| 800 West Olympic Boulevard, #406 | ||
| Los Angeles, CA 90015 | ||
[Signature Page to Amended and Restated Domestic Subsidiary Guaranty]
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HERBALIFE TAIWAN, INC. , a California corporation |
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Address: 800 West Olympic Boulevard, #406 |
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| Los Angeles, CA 90015 | ||
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HERBALIFE VENEZUELA HOLDINGS, LLC, a Delaware limited liability company |
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| National Corporate Research, Ltd. | ||
| 615 S. DuPoint Highway | ||
| Dover, DE 19901 | ||
[Signature Page to Amended and Restated Domestic Subsidiary Guaranty]
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HERBALIFE MANUFACTURING LLC, a Delaware limited liability company |
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[Signature Page to Amended and Restated Domestic Subsidiary Guaranty]
EXHIBIT H-5
FORM OF FOREIGN SUBSIDIARY GUARANTY
AMENDED AND RESTATED FOREIGN SUBSIDIARY GUARANTY
FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, and in consideration of credit and/or financial accommodation heretofore or hereafter from time to time made or granted to (a) HERBALIFE INTERNATIONAL, INC., a Nevada corporation (the Company ), (b) HERBALIFE LTD., a Cayman Islands exempted company incorporated with limited liability, with registered number 116838 ( Holdings ), (c) HERBALIFE INTERNATIONAL LUXEMBOURG S.À R.L., a private limited liability company ( société à responsabilité limitée ) organized under the laws of the Grand Duchy of Luxembourg, having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, Grand Duchy of Luxembourg, having a share capital of EUR 25,000 and registered with the Luxembourg Register of Commerce and Companies ( R.C.S. Luxembourg ) under number B 88.006 ( HIL ), and (d) any Designated Borrower (as hereinafter defined) by the Lenders under the Credit Agreement (as hereinafter defined), each of the undersigned Guarantors, (i) WH INTERMEDIATE HOLDINGS LTD., a Cayman Islands exempted company incorporated with limited liability, (ii) WH LUXEMBOURG HOLDINGS S.À R.L., a private limited liability company ( société à responsabilité limitée ) organized under the laws of the Grand Duchy of Luxembourg, with its registered office at 6, rue Eugène Ruppert, L-2453 Luxembourg, Grand Duchy of Luxembourg, having a share capital of EUR 5,024,540.88 and registered with the Luxembourg Register of Commerce and Companies ( R.C.S. Luxembourg ) under number B 88.007, (iii) HBL (BVI) LIMITED, a BVI business company duly incorporated and validly existing in the British Virgin Islands, with registered number 1798846, (iv) HBL (GIBRALTAR) LIMITED, a limited company incorporated under the laws of Gibraltar, having its registered office at 57/63 Line Wall Road, Gibraltar, and (v) each other Person from time to time party hereto (each, in such capacity, a Guarantor and collectively, the Guarantors ) hereby furnishes its guaranty (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, this Guaranty ) of the Guaranteed Obligations (as hereinafter defined) on the 4th day of May, 2015, as follows:
1. Guaranty . Reference is made to that certain Credit Agreement, dated as of March 9, 2011, as the same has been amended and restated pursuant to the First Amendment to Credit Agreement dated as of July 26, 2012, as further amended pursuant to the Second Amendment to Credit Agreement dated as of February 3, 2014, and as further amended and restated pursuant to the Third Amendment to Credit Agreement, dated as of the date hereof (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the Credit Agreement ; the terms defined therein being used herein as therein defined), among the Company, Holdings, HIL (the Company, Holdings, HIL and any Subsidiary of Holdings that becomes a borrower under the Credit Agreement (each such Subsidiary, a Designated Borrower ) are herein referred to as the Borrowers and each, a Borrower ), the Lenders from time to time party thereto, and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer. The Guarantors hereby absolutely and unconditionally, jointly and severally, guarantee, as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of all Obligations (collectively the Guaranteed Obligations ); provided , that, notwithstanding the foregoing, with respect to any Subsidiary of Holdings that is an Excluded U.S. Guarantor, the Guaranteed Obligations shall not include any Obligations of a Loan Party that is a U.S. Person as defined in the Code. Without
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limiting the generality of the foregoing, the Guaranteed Obligations shall include any such Obligations which may be or hereafter become unenforceable or shall be an allowed or disallowed claim under any proceeding or case commenced by or against the Guarantor or the Borrowers under any Debtor Relief Laws, and shall include interest that accrues after the commencement by or against the Borrower of any proceeding under any Debtor Relief Laws. Notwithstanding anything to the contrary contained in this Guaranty, that the maximum amount payable by any Guarantor which is organized under the laws of the Grand-Duchy of Luxembourg under this Guaranty shall be limited, at any time, to an aggregate amount (without duplication) not exceeding the greater sum of (i) ninety-five percent (95%) of such Guarantors net assets ( capitaux propres ) and its subordinated debt ( dettes subordonnées ) determined in accordance with article 34 of the Luxembourg law of 19 December 2002 on the register of Commerce and Companies, on accounting and on annual accounts of the companies, as reflected in the financial information of such Guarantor, including, without limitation, its latest financial statements ( comptes annuels ) available at the date of this Guaranty and approved by the shareholders of the applicable Guarantor and certified by the statutory or the independent auditor, and any (unaudited) interim financial statements signed by its board of managers ( gérants ), as the case may be, and (ii) ninety-five percent (95%) of such Guarantors net assets ( capitaux propres ) and its subordinated debt ( dettes subordonnées ) determined in accordance with article 34 of the Luxembourg law of 19 December 2002 on the register of Commerce and Companies, on accounting and on annual accounts of the companies, as reflected in the financial information of such Guarantor, including, without limitation, its latest financial statements ( comptes annuels ) available at the date of the relevant payment hereunder and approved by the shareholders of the applicable Guarantor and certified by the statutory or the independent auditor, and any (unaudited) interim financial statements signed by its board of managers ( gérants ), as the case may be. Should the financial information referred in clause (i) and (ii) above not be available on the date this Guaranty is called, the relevant Guarantors net assets ( capitaux propres ) will be determined by the Administrative Agent or any other person designated by the Administrative Agent, acting reasonably, in accordance with the Luxembourg accounting principles applicable to the relevant Guarantor and at the cost of such Guarantor. The limitations set forth under clauses (i) and (ii) above shall not apply to any amounts borrowed under the Loan Documents and made available, in any form whatsoever, to the relevant Guarantor or any of its direct or indirect Subsidiaries. No Guaranteed Obligations will extend to include any obligation or liability and no security granted by a Luxembourg Guarantor will secure any Guaranteed Obligations, in each case, if to do so would be unlawful financial assistance in respect of the acquisition of shares in itself under Article 49-6 or would constitute a misuse of corporate assets ( abus des biens sociaux ) as defined at Article 171-1 of the Luxembourg Act on commercial companies of 10 August 1915, as amended. The parties reserve, for purposes of Articles 1278 et seq. of the Luxembourg Civil Code and except as otherwise stated in the Credit Agreement, the Guarantee given hereby. The Guarantee shall continue in full force and effect for any Secured Party, notwithstanding any assignment, amendment, novation or transfer of any kind by the Collateral Agent or by any Secured Party of all or any part of the Secured Obligations. The accounts or records maintained by the Administrative Agent and each other Secured Party shall be conclusive absent manifest error of the amount of the Guaranteed Obligations. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of any Guarantor hereunder to pay any amount owing with respect to the Guaranteed Obligations. In the event of any conflict between
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the accounts and records maintained by any Secured Party and the accounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Guaranteed Obligations or any instrument or agreement evidencing any Guaranteed Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Guaranteed Obligations which might otherwise constitute a defense to the obligations of the Guarantors under this Guaranty, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.
2. No Setoff or Deductions; Taxes; Payments . Each Guarantor represents and warrants that it is incorporated or organized and resident in the jurisdiction of its incorporation or organization (to the extent such concepts are relevant under the laws of the relevant jurisdiction). Any and all payments by each Guarantor hereunder shall be subject to the same terms and provisions regarding Taxes as are set forth in Section 3.01 of the Credit Agreement with respect to payments made by any Borrower. Each Guarantor hereby agrees that the terms and provisions of Section 3.01 of the Credit Agreement are hereby incorporated by reference, mutatis mutandis , and each Guarantor hereby agrees to be bound thereby as if such terms and provisions were originally set forth herein. The obligations hereunder shall not be affected by any acts of any Governmental Authority affecting any Borrower or any Guarantor, including but not limited to, any restrictions on the conversion of currency or repatriation or control of funds or any total or partial expropriation of any Borrowers property, or by economic, political, regulatory or other events in the countries where any Borrower is located. All payments hereunder shall be made to the Administrative Agent, for the account of the respective Secured Parties to which such payment is owed, in the applicable currency at the applicable Administrative Agents Office and at the times specified in the Credit Agreement (or in the case of obligations arising under any Secured Cash Management Agreement or Secured Hedge Agreement, to the applicable Cash Management Bank or Hedge Bank as specified in the applicable Secured Cash Management Agreement or Secured Hedge Agreement). The obligations of each Guarantor under this paragraph shall survive the payment in full of the Guaranteed Obligations and the termination of this Guaranty.
3. Rights of Secured Parties . Each Guarantor consents and agrees that the Secured Parties may, at any time and from time to time, without notice or demand, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Secured Parties may determine; and (d) release or substitute one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of such Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of such Guarantor.
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4. Certain Waivers . Each Guarantor waives (i) any defense arising by reason of any disability or other defense of any Borrower or any other guarantor, or the cessation from any cause whatsoever (including any act or omission of the Secured Parties) of the liability of any Borrower or any other Loan Party; (ii) any defense based on any claim that such Guarantors obligations exceed or are more burdensome than those of any Borrower or any other Loan Party; (iii) the benefit of any statute of limitations affecting such Guarantors liability hereunder; (iv) any right to require any Secured Party to proceed against any Borrower or any other Loan Party, proceed against or exhaust any security for the Guaranteed Obligations, or pursue any other remedy in the Secured Parties power whatsoever and any defense based upon the doctrines of marshalling of assets or of election of remedies; (v) any benefit of and any right to participate in any security now or hereafter held by the Secured Parties; (vi) any fact or circumstance related to the Guaranteed Obligations which might otherwise constitute a defense to the obligations of such Guarantor under this Guaranty and (vii) to the fullest extent permitted by Law, any and all other defenses or benefits that may be derived from or afforded by applicable Law limiting the liability of or exonerating guarantors or sureties.
Each Guarantor expressly waives all setoffs and counterclaims and all presentments, demands for payment or performance, notices of nonpayment or nonperformance, protests, notices of protest, notices of dishonor and all other notices or demands of any kind or nature whatsoever with respect to the Guaranteed Obligations, and all notices of acceptance of this Guaranty or of the existence, creation or incurrence of new or additional Guaranteed Obligations.
For purposes of this paragraph only, references to the principal include each of the Company, HIL, Holdings and any Designated Borrower and references to the creditor include each Secured Party. In accordance with Section 2856 of the California Civil Code or any similar Law of any applicable jurisdiction, the Guarantor waives, until the payment in full of the Guaranteed Obligations and termination of the Commitments made under the Credit Agreement, all rights and defenses (i) available to such Guarantor by reason of Sections 2787 through 2855, 2899, and 3433 of the California Civil Code or any similar Laws of any applicable jurisdiction, including all rights or defenses such Guarantor may have by reason of protection afforded to the principal with respect to any of the Guaranteed Obligations, to any other Guarantor or to any other guarantor of any of the Guaranteed Obligations with respect to any of such guarantors obligations under its guarantee, in any case in accordance with the anti-deficiency or other laws of the State of California limiting or discharging the principals Indebtedness or such other guarantors obligations, including Sections 580a, 580b, 580d and 726 of the California Code of Civil Procedure or any similar Law of any applicable jurisdiction; and (ii) arising out of an election of remedies by the creditor, even though such election, such as a non-judicial foreclosure with respect to security for any Guaranteed Obligation (or any obligation of any other guarantor of any of the Guaranteed Obligations), has destroyed such Guarantors right of subrogation and reimbursement against the principal (or such other guarantor) by the operation of Section 580d of the California Code of Civil Procedure, any similar Law of any applicable jurisdiction or otherwise. No other provision of this Guaranty shall be construed as limiting the generality of any of the covenants and waivers set forth in this paragraph. As provided below, this Agreement shall be governed by, and shall be construed and enforced in accordance with the laws of the State of New York. This paragraph is included solely out of an abundance of caution, and shall not be construed to mean that any of the above-referenced provisions of California law are in any way applicable to this Guaranty or to any of the Guaranteed Obligations.
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5. Obligations Independent . The obligations of the Guarantors hereunder are those of primary obligor, and not merely as surety, and are independent of the Guaranteed Obligations and the obligations of any other guarantor, and a separate action may be brought against any Guarantor to enforce this Guaranty whether or not any Borrower, any other Guarantor or any other Person is joined as a party.
6. Subrogation . No Guarantor shall exercise any right of subrogation, contribution, indemnity, reimbursement or similar rights with respect to any payments it makes under this Guaranty until all of the Guaranteed Obligations and any amounts payable under this Guaranty have been paid and performed in full and any commitments of the Lenders or other Secured Parties with respect to the Guaranteed Obligations are terminated. If any amounts are paid to any Guarantor in violation of the foregoing limitation, then such amounts shall be held in trust for the benefit of the Secured Parties and shall forthwith be paid to the Administrative Agent (or in the case of obligations arising under any Secured Cash Management Agreement or Secured Hedge Agreement, to the applicable Cash Management Bank or Hedge Bank) to reduce the amount of the Guaranteed Obligations, whether matured or unmatured.
7. Termination; Reinstatement . This Guaranty is a continuing and irrevocable guaranty of all Guaranteed Obligations now or hereafter existing and shall remain in full force and effect until all Guaranteed Obligations and any other amounts payable under this Guaranty are paid in full in cash and any commitments of the Lenders or other Secured Parties with respect to the Guaranteed Obligations are terminated. Notwithstanding the foregoing, this Guaranty shall continue in full force and effect or be revived, as the case may be, if any payment by or on behalf of any Borrower or any Guarantor or any other guarantor of the Guaranteed Obligations is made, or any Secured Party exercises its right of setoff in respect of the Guaranteed Obligations and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by any Secured Party in its discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Laws or otherwise, all as if such payment had not been made or such setoff had not occurred and whether or not any Secured Party is in possession of or has released this Guaranty and regardless of any prior revocation, rescission, termination or reduction. The obligations of the Guarantors under this paragraph shall survive termination of this Guaranty.
8. Subordination . Each Guarantor hereby subordinates the payment of all obligations and indebtedness of each Loan Party owing to such Guarantor, whether now existing or hereafter arising, including but not limited to any obligation of any Loan Party to the Guarantor as subrogee of the Secured Parties or resulting from such Guarantors performance under this Guaranty, to the payment in full in cash of all Guaranteed Obligations. If the Administrative Agent so requests in writing after the occurrence and during the continuance of an Event of Default (provided that no such request shall be required after the occurrence or during the continuance of an Event of Default under Section 8.01(f) or (g) of the Credit Agreement), any such obligation or indebtedness of any Loan Party to any Guarantor shall be enforced and performance received by the Guarantor as trustee for the Secured Parties and the
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proceeds thereof shall be paid over to the Administrative Agent on account of the Guaranteed Obligations, but without reducing or affecting in any manner the liability of the Guarantors under the other provisions of this Guaranty.
9. Stay of Acceleration . In the event that acceleration of the time for payment of any of the Guaranteed Obligations is stayed, in connection with any case commenced by or against any Guarantor, any Borrower or any other guarantor of the Guaranteed Obligations under any Debtor Relief Laws, or otherwise, all such amounts shall nonetheless be payable by the Guarantors immediately upon demand by the Secured Parties.
10. Expenses . The Guarantors shall pay on demand all out-of-pocket expenses (including attorneys fees and expenses) in any way relating to the enforcement or protection of the Secured Parties rights under this Guaranty or in respect of the Guaranteed Obligations, including any incurred during any workout or restructuring in respect of the Guaranteed Obligations and any incurred in the preservation, protection or enforcement of any rights of any Secured Party in any proceeding under any Debtor Relief Laws. The obligations of the Guarantors under this paragraph are joint and several and shall survive the payment in full of the Guaranteed Obligations and termination of this Guaranty.
11. Miscellaneous . No provision of this Guaranty may be waived, amended, supplemented or modified, except by a written instrument executed by the Administrative Agent and the Guarantors. No failure by the Secured Parties to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy or power hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies herein provided are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. Unless otherwise agreed by the Administrative Agent and the Guarantors in writing, this Guaranty is not intended to supersede or otherwise affect any other guaranty now or hereafter given by any Guarantor for the benefit of the Secured Parties or any term or provision thereof.
12. Condition of Borrowers . Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from each Borrower, each other Guarantor and any other guarantor of the Guaranteed Obligations such information concerning the financial condition, business and operations of such Borrower, such other Guarantor and any such other guarantor as such Guarantor requires, and that the Secured Parties have no duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to such Guarantor any information relating to the business, operations or financial condition of any Borrower, any other Guarantor or any other guarantor of the Guaranteed Obligations (the Guarantors waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
13. Setoff . If and to the extent any payment is then due hereunder and an Event of Default has occurred and is continuing, after obtaining the prior written consent of the Administrative Agent, the Secured Parties may setoff and charge from time to time any amount so due against any or all of any Guarantors accounts or deposits with each such Secured Party, irrespective of whether or not such Secured Party shall have made any demand under this Guaranty and although such obligations may be unmatured.
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14. Representations and Warranties . Each Guarantor represents and warrants that (a) it is duly incorporated or organized and, if applicable, is in good standing under the Laws of the jurisdiction of its incorporation or organization (to the extent such concepts are relevant under the laws of the relevant jurisdiction) and has full capacity and right to make and perform this Guaranty, and all necessary authority has been obtained; (b) this Guaranty constitutes its legal, valid and binding obligation enforceable in accordance with its terms, subject to (i) applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law and (ii) the Foreign Obligor Enforceability Exceptions, if applicable; (c) the making, existence and performance of this Guaranty does not and will not violate the provisions of any applicable Law, except for violations that could not reasonably be expected to result in a Material Adverse Effect, and does not and will not result in the breach of or contravention of or require any payment to be made under any Contractual Obligation to which such Guarantor is a party or affecting such Guarantors properties except for violations and breaches that could not reasonably be expected to result in a Material Adverse Effect; and (d) all consents, approvals, licenses and authorizations of, and filings and registrations with, any Governmental Authority required under applicable Law for the making and performance of this Guaranty have been obtained or made and are in full force and effect, except (i) notices, filings and the payment of appropriate stamp or other duties in connection with the enforcement of this Guaranty against any Foreign Obligor, if applicable, in their jurisdiction of incorporation or organization and (ii) consents, approvals, registrations, filings or actions the failure of which to obtain or perform could not reasonably be expected to result in a Material Adverse Effect.
15. Indemnification and Survival . Without limitation on any other obligations of the Guarantors or remedies of the Secured Parties under this Guaranty, each Guarantor shall, to the fullest extent permitted by Law, indemnify, defend and save and hold harmless the Secured Parties, and each Related Party of any of the Secured Parties (each such Person being called an Indemnitee ) against, and hold each Indemnitee harmless from, any and all losses, claims, damages, liabilities and related expenses (including the fees, charges and disbursements of any counsel for any Indemnitee), and shall indemnify and hold harmless each Indemnitee from all fees and time charges and disbursements for attorneys who may be employees of any Indemnitee, incurred by any Indemnitee or asserted against any Indemnitee by any third party or by any Borrower or any Guarantor or any other Loan Party arising out of, in connection with, or as a result of (i) the execution or delivery of this Guaranty, any other Loan Document, any Secured Hedge Agreement or Secured Cash Management Agreement or any agreement or instrument contemplated hereby or thereby, the performance by the parties hereto of their respective obligations hereunder or thereunder, the consummation of the transactions contemplated hereby or thereby, or, (x) in the case of the Administrative Agent (and any sub-agent thereof) and its Related Parties only, the administration of this Guaranty and the other Loan Documents (including in respect of any matters addressed in Section 2) or (y) in the case of the Hedge Banks and Cash Management Banks and their respective Related Parties only, the administration of the Secured Hedge Agreement and Secured Cash Management Agreements to which they are a party, (ii) any Loan or Letter of Credit or the use or proposed use of the proceeds therefrom (including any refusal by the L/C Issuer to honor a demand for payment
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under a Letter of Credit if the documents presented in connection with such demand do not strictly comply with the terms of such Letter of Credit), (iii) any actual or alleged presence or release of Hazardous Materials on or from any property owned or operated by any Borrower or any of its Subsidiaries, or any Environmental Liability related in any way to any Borrower or any of its Subsidiaries, or (iv) any actual or prospective claim, litigation, investigation or proceeding relating to any of the foregoing, whether based on contract, tort or any other theory, whether brought by a third party or by any Loan Party, and regardless of whether any Indemnitee is a party thereto, IN ALL CASES, WHETHER OR NOT CAUSED BY OR ARISING, IN WHOLE OR IN PART, OUT OF THE COMPARATIVE, CONTRIBUTORY OR SOLE NEGLIGENCE OF THE INDEMNITEE; provided that such indemnity shall not, as to any Indemnitee, be available to the extent that such losses, claims, damages, liabilities or related expenses (a) are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Indemnitee or (b) result from a claim brought by any Loan Party against an Indemnitee for breach in bad faith of such Indemnitees obligations hereunder or under any other Loan Document, Secured Hedge Agreement or Secured Cash Management Agreement, if such Loan Party has obtained a final and nonappealable judgment in its favor on such claim as determined by a court of competent jurisdiction. The obligations of the Guarantors under this paragraph are joint and several and shall survive the payment in full of the Guaranteed Obligations and the termination of this Guaranty.
16. GOVERNING LAW; Assignment; Jurisdiction; Notices . THIS GUARANTY AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS GUARANTY OR ANY OTHER LOAN DOCUMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK. This Guaranty shall (a) bind each Guarantor and its successors and assigns, provided that no Guarantor may assign its rights or obligations under this Guaranty without the prior written consent of the Administrative Agent (and any attempted assignment without such consent shall be void), and (b) inure to the benefit of the Secured Parties and their respective successors and assigns and any Secured Party may, without notice to the Guarantors and without affecting the Guarantors obligations hereunder, assign, sell or grant participations in the Guaranteed Obligations and this Guaranty, in whole or in part, in accordance with the Credit Agreement. Each Guarantor hereby irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against the Administrative Agent or any Secured Party, or any related party of the foregoing in any way relating to this Guaranty or any other Loan Document or the transactions relating hereto or thereto, in any forum other than the courts of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and each of the parties hereto irrevocably and unconditionally submits to the jurisdiction of such courts and agrees that all claims in respect of any such action, litigation or proceeding may be heard and determined in such New York State court or, to the fullest extent permitted by applicable Law, in such federal court. Each Guarantor agrees that a final judgment in any such action, litigation or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law. Nothing in this Guaranty shall affect any right that the Administrative Agent or any other Secured Party may otherwise have to bring any
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action or proceeding relating to this Guaranty, any other Loan Document, any Secured Hedge Agreement or any Secured Cash Management Agreement against such Guarantor or its properties in the courts of any jurisdiction. Each Guarantor hereby waives, to the fullest extent permitted by applicable Law, any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Guaranty, any other Loan Document, any Secured Hedge Agreement or any Secured Cash Management Agreement in any court referred to above and each Guarantor hereby waives any defense asserting an inconvenient forum in connection therewith. Service of process in connection with such action, litigation or proceeding shall be made in the manner provided for notices below. All notices and other communications (including any service of process) to the Guarantors under this Guaranty shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier to each Guarantor at its address set forth below or at such other address in the United States as may be specified by the applicable Guarantor in a written notice delivered to the Administrative Agent at the Administrative Agents Office.
17. WAIVER OF JURY TRIAL; FINAL AGREEMENT . EACH GUARANTOR AND THE ADMINISTRATIVE AGENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS GUARANTY, ANY OTHER LOAN DOCUMENT, ANY SECURED HEDGE AGREEMENT OR ANY SECURED CASH MANAGEMENT AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS GUARANTY, THE OTHER LOAN DOCUMENTS, THE SECURED HEDGE AGREEMENTS AND THE SECURED CASH MANAGEMENT AGREEMENTS TO WHICH IT IS A PARTY BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. THIS GUARANTY REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
18. Severability . Wherever possible, each provision of this Guaranty will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Guaranty is prohibited by or invalid under such law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Guaranty. Consistent with the foregoing, and notwithstanding any other provision of this Guaranty to the contrary, in the event that any action or proceeding is brought in whatever form and in whatever forum seeking to invalidate any Guarantors obligations under this Guaranty under any fraudulent conveyance, fraudulent transfer theory, or similar avoidance theory, whether under state or federal law, such Guarantor (the Affected Guarantor ), automatically and without any further action being required of the
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Form of Foreign Subsidiary Guaranty
Affected Guarantor or any Secured Party, shall be liable under this Guaranty only for an amount equal to the maximum amount of liability that could have been incurred under applicable law by the Affected Guarantor under any guaranty of the Guaranteed Obligations (or any portion thereof) at the time of the execution and delivery of this Guaranty (or, if such date is determined not to be the appropriate date for determining the enforceability of the Affected Guarantors obligations hereunder for fraudulent conveyance or transfer (or similar avoidance) purposes, on the date determined to be so appropriate) without rendering such a hypothetical guaranty voidable under applicable law relating to fraudulent conveyance, fraudulent transfer, or any other grounds for avoidance (such highest amount determined hereunder being the Affected Guarantors Maximum Guaranty Amount ), and not for any greater amount, as if the stated amount of this Guaranty as to the Affected Guarantor had instead been the Maximum Guaranty Amount. This Section is intended solely to preserve the rights of the Secured Parties under this Guaranty to the maximum extent not subject to avoidance under applicable law, and neither the Affected Guarantor nor any other Person shall have any right or claim under this Section with respect to the limitation described in this Guaranty, except to the extent necessary so that the obligations of the Affected Guarantor under this Guaranty shall not be rendered voidable under applicable law. Without limiting the generality of the foregoing, the determination of a Maximum Guaranty Amount for the Affected Guarantor pursuant to the provisions of the second preceding sentence of this Section shall not in any manner reduce or otherwise affect the obligations of any other guarantors of any of the Guaranteed Obligations.
19. Judgment Currency . If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Guarantors in respect of any such sum due from it to the Administrative Agent or any other Secured Party hereunder shall, notwithstanding any judgment in a currency (the Judgment Currency ) other than that in which such sum is denominated in accordance with the applicable provisions of the Guaranty and the Credit Agreement (the Agreement Currency ), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Secured Party, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Secured Party, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the applicable Secured Party from the applicable Guarantor in the Agreement Currency, the applicable Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Secured Party against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the applicable Secured Party in such currency, such Secured Party agrees to return the amount of any excess to the applicable Guarantor (or to any other Person who may be entitled thereto under applicable Law).
20. Keepwell . Each Guarantor (to the extent it has total assets exceeding $10,000,000 or qualifies at such time as an eligible contract participant under the Commodity Exchange Act and can cause another Person to qualify as an eligible contract participant at such time under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act) at the time the Guaranty or the grant of a Lien under the Loan Documents, in each case, by any Specified Loan
H-5 - 10
Form of Foreign Subsidiary Guaranty
Party becomes effective with respect to any Swap Obligation, hereby jointly and severally, absolutely, unconditionally and irrevocably undertakes to provide such funds or other support to each Specified Loan Party with respect to such Swap Obligation as may be needed by such Specified Loan Party from time to time to honor all of its obligations under the Loan Documents in respect of such Swap Obligation (but, in each case, only up to the maximum amount of such liability that can be hereby incurred without rendering the Guarantors obligations and undertakings under this paragraph voidable under applicable Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations and undertakings of the Guarantors under this paragraph are joint and several and shall remain in full force and effect until the Guaranteed Obligations have been paid and performed in full. Each Guarantor intends this paragraph to constitute, and this paragraph shall be deemed to constitute, a guarantee of the obligations of, and a keepwell, support, or other agreement for the benefit of, each Specified Loan Party for all purposes of the Commodity Exchange Act.
21. Amendment and Restatement . It is the intention of the Guarantors that the Foreign Subsidiary Guaranty, dated as of March 9, 2011, made by the Guarantors in respect of the Guaranteed Obligations (as defined therein) (as amended, restated, supplemented or otherwise modified prior to the date hereof, the Existing Foreign Subsidiary Guaranty ), be amended and restated so as to preserve the perfection and priority of all security interests securing indebtedness and obligations under the Existing Foreign Subsidiary Guaranty, that all Indebtedness and Obligations of the Guarantors under the Loan Documents shall be secured by the Collateral Documents, and that this Guaranty does not constitute a novation of the obligations and liabilities existing under the Existing Foreign Subsidiary Guaranty. This Agreement constitutes an amendment of the Existing Foreign Subsidiary Guaranty made under and in accordance with the Loan Documents.
Each Guarantor hereby acknowledges and agrees that any Loan Document to which it is a party or otherwise bound shall continue in full force and effect (including, without limitation, the pledge and security interest in the Collateral granted by it pursuant to the Collateral Documents) and that all of its obligations thereunder shall be valid, binding, and enforceable in accordance with its terms, and shall not be impaired or limited by the execution or effectiveness of this Guaranty. Each Guarantor (in its capacity as debtor, grantor, pledger, guarantor, assignor, or in any other similar capacity in which each Guarantor grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be) hereby (i) acknowledges and agrees that this Guaranty does not constitute a novation or termination of the secured obligations under any of the Collateral Documents or the other Loan Documents as in effect prior to the Restatement Effective Date and which remain outstanding as of the Restatement Effective Date, (ii) acknowledges and agrees that the secured obligations under the Collateral Documents and the other Loan Documents (as amended or modified in connection herewith) are in all respects continuing, (iii) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party (after giving effect hereto), (iv) to the extent each Guarantor granted Liens on any of its Collateral pursuant to any such Loan Document as security for or otherwise guaranteed the Obligations under or with respect to the Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and Liens and confirms and agrees that such security interests and Liens are in all respects continuing and in full force and effect and shall continue to secure all of the secured obligations under the Collateral Documents or the other Loan Documents, including, without limitation, all of the Guaranteed Obligations hereunder and (v) agrees that this Guaranty shall in no manner impair or otherwise adversely affect any of such Liens.
H-5 - 11
Form of Foreign Subsidiary Guaranty
[Remainder of page intentionally left blank; signature pages follows]
H-5 - 12
Form of Foreign Subsidiary Guaranty
IN WITNESS WHEREOF, each Guarantor has executed and delivered this Guaranty as of the day and year first written above.
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WH INTERMEDIATE HOLDINGS LTD. , a Cayman Islands exempted company incorporated with limited liability |
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| M&C Corporate Services Limited | ||
| P.O. Box 309GT, Ugland House | ||
| South Church Street | ||
| George Town, Grand Cayman | ||
| Cayman Islands | ||
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WH LUXEMBOURG HOLDINGS S.À R.L. , a Luxembourg private limited liability company |
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| 16, Avenue de la Gare L-1610 | ||
| Luxembourg | ||
[Signature Page to Amended and Restated Foreign Subsidiary Guaranty]
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HBL (BVI) LIMITED , a BVI business company |
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| Palm Grove House, #438 | ||
| Road Town, Tortola | ||
| VG 1110 | ||
| British Virgin Islands | ||
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HBL (GIBRALTAR) LIMITED, a Gibraltar limited company |
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| 57/63 Line Wall Road | ||
| Gibraltar | ||
EXHIBIT I
FORM OF SECURITY AGREEMENT
AMENDED AND RESTATED SECURITY AGREEMENT
by
HERBALIFE INTERNATIONAL, INC.,
and
THE SUBSIDIARIES OF HERBALIFE LTD. PARTY HERETO,
as Pledgors
in favor of
BANK OF AMERICA, N.A.,
as Collateral Agent
Dated as of May 4, 2015
I - 1
Form of Security Agreement
TABLE OF CONTENTS
| Page | ||||||
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ARTICLE I DEFINITIONS AND INTERPRETATION; PERFECTION CERTIFICATE |
4 | |||||
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SECTION 1.01. |
Definitions |
4 | ||||
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SECTION 1.02. |
Interpretation |
9 | ||||
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SECTION 1.03. |
Perfection Certificate |
9 | ||||
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ARTICLE II GRANT OF SECURITY AND SECURED OBLIGATIONS |
9 | |||||
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SECTION 2.01. |
Pledge |
9 | ||||
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SECTION 2.02. |
Certain Limited Exclusions |
10 | ||||
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SECTION 2.03. |
Secured Obligations; Continuing Liability |
10 | ||||
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ARTICLE III PERFECTION; SUPPLEMENTS; FURTHER ASSURANCES; USE OF SECURITY AGREEMENT COLLATERAL |
11 | |||||
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SECTION 3.01. |
Delivery of Certificated Pledged Equity Interests |
11 | ||||
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SECTION 3.02. |
Perfection of Uncertificated Pledged Equity Interests |
11 | ||||
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SECTION 3.03. |
Financing Statements, Notices and Other Filings |
11 | ||||
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SECTION 3.04. |
Other Actions |
12 | ||||
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SECTION 3.05. |
Supplements; Further Assurances |
13 | ||||
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ARTICLE IV REPRESENTATIONS, WARRANTIES AND COVENANTS |
14 | |||||
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SECTION 4.01. |
Title |
14 | ||||
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SECTION 4.02. |
Organization; Authority; Enforceability |
14 | ||||
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SECTION 4.03. |
Authorizations and Approvals |
14 | ||||
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SECTION 4.04. |
Goods and Receivables |
15 | ||||
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SECTION 4.05. |
Limitation on Liens |
15 | ||||
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SECTION 4.06. |
Other Financing Statements |
15 | ||||
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SECTION 4.07. |
Chief Executive Office; Change of Name; Jurisdiction of Organization |
15 | ||||
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SECTION 4.08. |
Certain Provisions Concerning Securities Collateral |
16 | ||||
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SECTION 4.09. |
Certain Provisions Concerning Intellectual Property |
17 | ||||
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SECTION 4.10. |
Inspection and Verification |
19 | ||||
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SECTION 4.11. |
Payment of Taxes; Contesting Liens; Claims |
19 | ||||
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SECTION 4.12. |
Transfers and Other Liens |
19 | ||||
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SECTION 4.13. |
Government Contracts |
19 | ||||
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ARTICLE V REMEDIES |
20 | |||||
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SECTION 5.01. |
Remedies |
20 | ||||
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SECTION 5.02. |
Notice of Sale |
22 | ||||
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SECTION 5.03. |
Waiver of Notice and Claims |
22 | ||||
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SECTION 5.04. |
Certain Security Agreement Collateral |
22 | ||||
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SECTION 5.05. |
No Waiver; Cumulative Remedies |
23 | ||||
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SECTION 5.06. |
Application of Proceeds |
24 | ||||
| ARTICLE VI OBLIGATIONS ABSOLUTE; WAIVERS | 24 | |||||
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SECTION 6.01. |
Liability of the Pledgors Absolute |
24 | ||||
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SECTION 6.02. |
General Waivers |
25 | ||||
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SECTION 6.03. |
California Waivers |
26 | ||||
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SECTION 6.04. |
Other Security |
26 | ||||
| ARTICLE VII MISCELLANEOUS | 26 | |||||
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SECTION 7.01. |
Concerning Collateral Agent |
26 | ||||
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SECTION 7.02. |
Collateral Agent May Perform; Collateral Agent Appointed Attorney-in-Fact |
27 | ||||
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SECTION 7.03. |
Expenses |
29 | ||||
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SECTION 7.04. |
Indemnity |
30 | ||||
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SECTION 7.05. |
Continuing Security Interest; Assignment |
30 | ||||
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SECTION 7.06. |
Termination; Release |
31 | ||||
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SECTION 7.07. |
Modification in Writing |
31 | ||||
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SECTION 7.08. |
Notices |
31 | ||||
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SECTION 7.09. |
Governing Law; Jurisdiction; Consent to Service of Process |
31 | ||||
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SECTION 7.10. |
WAIVER OF JURY TRIAL |
32 | ||||
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SECTION 7.11. |
Severability of Provisions |
32 | ||||
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SECTION 7.12. |
Execution in Counterparts |
32 | ||||
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SECTION 7.13. |
Business Days |
33 | ||||
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SECTION 7.14. |
No Credit for Payment of Taxes or Imposition |
33 | ||||
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SECTION 7.15. |
No Claims Against Collateral Agent |
33 | ||||
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SECTION 7.16. |
No Release Under Agreements; No Liability of Collateral Agent or Secured Parties |
33 | ||||
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SECTION 7.17. |
Obligations Absolute |
33 | ||||
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SECTION 7.18. |
Marshaling; Payments Set Aside |
34 | ||||
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SECTION 7.19. |
Release of Pledgors |
34 | ||||
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SECTION 7.20. |
Consent of Issuers of Pledged Equity Interests |
34 | ||||
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SECTION 7.21. |
Secured Parties |
34 | ||||
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SECTION 7.22. |
Amendment and Restatement |
34 | ||||
ii
AMENDED AND RESTATED SECURITY AGREEMENT
This AMENDED AND RESTATED SECURITY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this Agreement ), dated as of May 4, 2015, is made by HERBALIFE INTERNATIONAL, INC., a Nevada corporation (the Company ), each of the Subsidiaries of HERBALIFE LTD., a Cayman Islands exempted company incorporated with limited liability, with registered number 116838 ( Holdings ), which is listed on the signature pages hereto or from time to time becoming a party hereto by execution of a Joinder Agreement, as pledgors and collateral assignors (in such capacities, the Pledgors ), in favor of BANK OF AMERICA, N.A. ( Bank of America ), in its capacity as administrative agent (in such capacity and together with any successors in such capacity, the Administrative Agent ) and as pledgee, collateral agent and secured party (in such capacities and together with any successors in such capacities, Collateral Agent ) for the Secured Parties referred to below.
WITNESSETH:
WHEREAS, the Pledgors, the Administrative Agent and the Collateral Agent entered into that certain Security Agreement, dated as of March 9, 2011 (as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof, the Existing Security Agreement ), pursuant to that certain Credit Agreement, dated as of March 9, 2011, as amended and restated pursuant to that certain First Amendment to Credit Agreement dated as of July 26, 2012, and as further amended pursuant to the Second Amendment to Credit Agreement dated as of February 3, 2014 (and as otherwise amended, restated, supplemented or otherwise modified from time to time prior to the date hereof, the Existing Credit Agreement ), among the Company, Holdings, Herbalife International Luxembourg S.À R.L., a private limited liability company ( société à responsabilité limitée ) organized under the laws of the Grand Duchy of Luxembourg, having its registered office at 16, avenue de la Gare, L-1610 Luxembourg, Grand Duchy of Luxembourg, having a share capital of EUR 25,000 and registered with the Luxembourg Register of Commerce and Company ( R.C.S. Luxembourg ) under number B 88.006 ( HIL , and together with the Company and Holdings, the Borrowers ), the financial institutions from time to time party thereto, and the Administrative Agent.
WHEREAS, simultaneously herewith, the Borrowers have entered into that certain Third Amendment to Credit Agreement, dated as of the date hereof (the Third Amendment ), with the Administrative Agent, the financial institutions listed on the signature pages thereto as Lenders , and the Guarantors party thereto, pursuant to which the Existing Credit Agreement has been amended and restated on the terms set forth therein (the Existing Credit Agreement as amended and restated pursuant to the Third Amendment, and as further amended, restated, supplemented or otherwise modified from time to time, the Credit Agreement ), and whereby the Lenders have agreed to make Loans and to issue Letters of Credit (as defined in the Credit Agreement, the Credit Agreement L/Cs ) to or for the account of the Borrowers;
WHEREAS, simultaneously herewith, (a) the Company has entered into that certain Amended and Restated Guaranty, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the Company Guaranty ), whereby the Company has agreed to Guarantee the obligations of Holdings, HIL and any Designated Borrower under the Credit Agreement and (b) certain Domestic Subsidiaries of Holdings (other than the Company) have entered into that certain Amended and Restated Domestic Subsidiary Guaranty, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the Domestic Subsidiary Guaranty ), whereby such Domestic Subsidiaries have agreed to Guarantee the obligations of the Loan Parties under the Credit Agreement and under the Secured Hedge Agreements and Secured Cash Management Agreements referred to below;
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WHEREAS, in accordance with the Credit Agreement, it is contemplated that one or more of the Pledgors and other Loan Parties have entered or may enter into one or more Secured Hedge Agreements with one or more of the Hedge Banks;
WHEREAS, in accordance with the Credit Agreement, it is contemplated that one or more of the Pledgors and other Loan Parties may enter into one or more Secured Cash Management Agreements with one or more of the Cash Management Banks;
WHEREAS, each Pledgor will receive substantial benefits from the execution, delivery and performance of the Credit Agreement and the other Loan Documents (as defined in the Credit Agreement), the Secured Hedge Agreements and the Secured Cash Management Agreements and each is, therefore, willing to amend and restate the Existing Security Agreement in its entirety by entering into this Agreement;
WHEREAS, each Pledgor is or will be the legal or beneficial owner of the rights in the Security Agreement Collateral (defined below) to be pledged by it hereunder;
WHEREAS, it is a condition precedent to the obligations of the Lenders to make Loans under the Credit Agreement, of the Hedge Banks to enter into Secured Hedge Agreements, of the Cash Management Banks to enter into Secured Cash Management Agreements and of the L/C Issuer to issue Credit Agreement L/Cs, that each Pledgor execute and deliver the applicable Loan Documents, including this Agreement; and
WHEREAS, this Agreement is given by each Pledgor in favor of Collateral Agent for its benefit and the benefit of the Secured Parties to secure the payment and performance of all of the Secured Obligations (defined below).
NOW THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Pledgors and Collateral Agent hereby amend and restate the Existing Security Agreement in its entirety and agree as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION; PERFECTION CERTIFICATE
SECTION 1.01. Definitions . (a) The following capitalized terms have the meanings assigned to them in the UCC:
Account , Bank , Certificate of Title , Chattel Paper , Commercial Tort Claim , Commodity Account , Commodity Contract , Commodity Intermediary , Contract , Document , Electronic Chattel Paper , Entitlement Holder , Entitlement Order , Equipment , Financial Asset , Fixtures , General Intangible , Goods , Inventory , Investment Property , Letter-of-Credit Right , Letter of Credit , Money , Proceeds , Record , Securities Account , Securities Entitlement , Securities Intermediary , Supporting Obligation , Tangible Chattel Paper and Uncertificated Security .
(b) Capitalized terms used in this Agreement (including the preamble and recitals hereof) but not otherwise defined herein have the meanings assigned to such terms in the Credit Agreement. In this Agreement:
Administrative Agent has the meaning assigned to such term in the preamble hereof.
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Agreement has the meaning assigned to such term in the preamble hereof.
Borrowers has the meaning assigned to such term in the preamble hereof.
Charges mean any and all property and other taxes, assessments and special assessments, levies, fees and all governmental charges imposed on or assessed against, and all claims (including landlords, carriers, mechanics, workmens, repairmens, laborers, materialmens, suppliers and warehousemens Liens and other claims arising by operation of law) against, all or any portion of the Security Agreement Collateral.
Collateral Account shall mean any account established and maintained in accordance with the terms of the Credit Agreement and the other Loan Documents, and all funds from time to time on deposit in such account, including all cash equivalents, and all certificates and instruments from time to time representing or evidencing such cash equivalents.
Collateral Agent has the meaning assigned to such term in the preamble hereof.
Collateral Records means books, records, ledger cards, files, correspondence, customer lists, blueprints, technical specifications, manuals, computer software, computer printouts, tapes, disks and related data processing software and similar items that at any time evidence or contain information relating to any of the Security Agreement Collateral or are otherwise necessary or helpful in the collection thereof or realization thereupon.
Collateral Support means all property (real or personal) assigned, hypothecated or otherwise securing any Security Agreement Collateral, including pursuant to any Collateral Document.
Company has the meaning assigned to such term in the preamble hereof.
Company Guaranty has the meaning assigned to such term in the recitals hereof.
Control means the manner in which control is achieved under the UCC with respect to any Collateral for which the UCC specifies a method of achieving control.
Copyrights mean, collectively, with respect to each Pledgor, all copyrights (whether statutory or common law and whether established or registered in the United States or any other country) now owned or hereafter created or acquired by or assigned to such Pledgor, whether published or unpublished, and all copyright registrations and applications made by such Pledgor, including the copyrights, registrations and applications listed in Section II.A. of the Perfection Certificate, together with any and all (a) rights and privileges arising under applicable law with respect to such Pledgors use of any copyrights, (b) reissues, renewals, continuations and extensions thereof, (c) income, fees, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, including damages and payments for past, present or future infringements thereof, (d) rights corresponding thereto throughout the world and (e) rights to sue for past, present or future infringements thereof.
Credit Agreement has the meaning assigned to such term in the recitals hereof.
Credit Agreement L/C has the meaning assigned to such term in the recitals hereof.
Deposit Account means, collectively, with respect to each Pledgor, (a) all deposit accounts as such term is defined in the UCC and in any event shall include any account holding Cash Collateral and all accounts and sub-accounts relating to any of the foregoing accounts, and (b) all cash, funds, checks, notes and any instruments from time to time on deposit in any of the accounts or sub-accounts described in clause (a) of this definition.
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Distributions mean, collectively, with respect to each Pledgor, all dividends, cash, options, warrants, rights, instruments, distributions, returns of capital or principal, income, interest, profits and other property, interests (debt or equity) or proceeds, including as a result of a split, revision, reclassification or other like change of the Pledged Equity Interests, from time to time received, receivable or otherwise distributed to such Pledgor in respect of or in exchange for any or all of the Pledged Equity Interests or Pledged Intercompany Debt.
Documents Evidencing Goods means all Documents evidencing, representing or issued in connection with Goods.
Domestic Subsidiary Guaranty has the meaning assigned to such term in the recitals hereof.
HIL has the meaning assigned to such term in the recitals hereof.
Holdings has the meaning assigned to such term in the recitals hereof.
Indemnified Liabilities has the meaning assigned to such term in Section 7.04(a) .
Indemnitees has the meaning assigned to such term in Section 7.04(a) .
Instruments mean, collectively, with respect to each Pledgor, all instruments, as such term is defined in Article 9, rather than Article 3, of the UCC to the extent such instruments evidence any amounts payable under or in connection with any item of Security Agreement Collateral or such instruments constitute Proceeds of any item of Security Agreement Collateral, and in any event shall include all promissory notes, drafts, bills of exchange or acceptances.
Insurance means all insurance policies covering any or all of the Security Agreement Collateral (regardless of whether Collateral Agent is the loss payee thereof), and all key-man life insurance policies.
Intellectual Property means, collectively, with respect to each Pledgor, (a) all Patents, (b) all Trademarks, (c) all Copyrights, (d) all Licenses, (e) the goodwill connected with such Pledgors business including all goodwill connected with the use of and symbolized by any of the Intellectual Property in which such Pledgor has any interest, (f) all know-how, trade secrets, customer and supplier lists, proprietary information, inventions, methods, procedures, formulae, descriptions, compositions, technical data, drawings, specifications, name plates, catalogs, confidential information and the right to limit the use or disclosure thereof by any Person or entity, pricing and cost information, business and marketing plans and proposals, consulting agreements, engineering contracts and such other assets and (g) all systems software and applications software (including source code and object code), all documentation for such software, including, without limitation, user manuals, flowcharts, functional specifications, operations manuals, and all formulas, processes, ideas and know-how embodied in any of the foregoing.
Intercompany Indebtedness means Indebtedness (whether or not evidenced by a writing) of any Borrower or any Subsidiary thereof (including any Pledgor) payable to a Pledgor.
Issuer means any issuer of any Pledged Equity Interests.
Lenders has the meaning assigned to such term in the preamble hereof.
Licenses mean, collectively, with respect to each Pledgor, all license and distribution agreements, covenants not to sue or any other agreement with any other party with respect to any Patent,
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Trademark or Copyright, whether such Pledgor is a licensor or licensee, distributor or distributee, assignor or assignee under any such license, distribution agreement or any other agreement, together with any and all (a) renewals, extensions, supplements and continuations thereof, (b) income, fees, royalties, damages, claims and payments now and hereafter due or payable thereunder and with respect thereto, including damages and payments for past, present or future infringements or violations thereof, (c) rights to sue for past, present and future infringements or violations thereof, and (d) any other rights to use, exploit or practice any or all of the Patents, Trademarks or Copyrights.
Material Contract means any Contract or other arrangement that any Pledgor is a party to and for which breach, nonperformance, cancellation or failure to renew could reasonably be expected to have a Material Adverse Effect.
Non-payment Contract means any Contract or agreement to which any Pledgor is a party other than a contract whereby the account debtors principal obligation is a monetary obligation; provided that, Non-payment Contracts shall not include Receivables.
Patents mean, collectively, with respect to each Pledgor, all patents issued or assigned to and all patent applications made by such Pledgor (whether established or registered or recorded in the United States or any other country), including the patents, patent applications and recordings listed Section II.A. of the Perfection Certificate, together with any and all (a) rights and privileges arising under applicable law with respect to such Pledgors use of any patents, (b) inventions and improvements described and claimed therein, (c) reissues, divisions, continuations, renewals, extensions and continuations-in-part thereof, (d) income, fees, royalties, damages, claims and payments now or hereafter due or payable thereunder and with respect thereto including damages and payments for past, present or future infringements thereof, (e) rights corresponding thereto throughout the world, and (f) rights to sue for past, present or future infringements thereof.
Pledged Equity Interests mean, collectively, with respect to each Pledgor, (a) the issued and outstanding Equity Interests of each Person owned by such Pledgor, and (b) all rights, privileges, authority and powers of such Pledgor in and to each such Person or under the Organization Documents of each such Person, including without limitation, all voting rights and to the extent applicable, all management rights and all rights as and to become a member or partner of each such Person, and the certificates, instruments and agreements representing the Pledged Equity Interests and any and all interest of such Pledgor in the entries on the books of any financial intermediary pertaining to the Pledged Equity Interests. Notwithstanding anything herein to the contrary, the term Pledged Equity Interests shall not include any Excluded Assets.
Pledged Intercompany Debt means, with respect to each Pledgor, all Intercompany Indebtedness payable to such Pledgor by any Borrower or any Subsidiary thereof (and each other intercompany note hereafter acquired by such Pledgor) and all intercompany notes, certificates, Instruments or agreements evidencing such Intercompany Indebtedness, and all assignments, amendments, restatements, supplements, extensions, renewals, replacements or modifications thereof. Notwithstanding anything herein to the contrary, the term Pledged Intercompany Debt shall not include any Excluded Assets.
Pledgor has the meaning assigned to such term in the preamble hereof.
Receivables means all rights to payment, whether or not earned by performance, for Goods or other property sold, leased, licensed, assigned or otherwise disposed of, or services rendered or to be rendered, including all such rights constituting or evidenced by any Account, Chattel Paper, Instrument, General Intangible or Investment Related Property, together with all rights, if any, in any Goods or other property giving rise to such right to payment and all Collateral Support and Supporting Obligations related thereto and all Accounts, Chattel Paper, General Intangibles, Instruments and Receivables Records.
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Receivables Records means (a) all original copies of all documents, instruments or other writings or electronic records or other Records evidencing the Receivables; (b) all books, correspondence, credit or other files, Records, ledger sheets or cards, invoices, and other papers relating to Receivables, including all tapes, cards, computer tapes, computer discs, computer runs, record keeping systems and other papers and documents relating to the Receivables, whether in the possession or under the control of any Pledgor or any computer bureau or agent from time to time acting for any Pledgor or otherwise; (c) all evidences of the filing of financing statements and the registration of other instruments in connection therewith, and amendments, supplements or other modifications thereto, notices to other creditors or secured parties, and certificates, acknowledgments, or other writings, including lien-search reports, from filing or other registration officers; (d) all credit information, reports and memoranda relating thereto; and (e) all other written or nonwritten forms of information related in any way to the foregoing.
Restricted Securities Collateral has the meaning assigned to such term in Section 5.04(c) .
Secured Obligations means all Obligations of any Loan Party, including without limitation, all advances to, and debts, liabilities, obligations, covenants and duties of, any Loan Party arising under any Loan Document or otherwise with respect to any Loan, Letter of Credit, Secured Cash Management Agreement or Secured Hedge Agreement, whether direct or indirect (including those acquired by assumption), absolute or contingent, due or to become due, now existing or hereafter arising and including interest and fees that accrue after the commencement by or against any Loan Party or any Affiliate thereof of any proceeding under any Debtor Relief Laws naming such Person as the debtor in such proceeding, regardless of whether such interest and fees are allowed claims in such proceeding; provided that the Secured Obligations shall exclude any Excluded Swap Obligations.
Securities Act means the Securities Act of 1933, as amended.
Securities Collateral means, collectively, the Pledged Equity Interests, the Pledged Intercompany Debt and the Distributions.
Security Agreement Collateral has the meaning assigned to such term in Section 2.01 .
Software Embedded in Goods means, with respect to any Goods, any computer program embedded in such Goods and any supporting information provided in connection with a transaction relating to such program if (a) the program is customarily considered part of such Goods or (b) by becoming the owner of such Goods a Person acquires a right to use such program in connection therewith.
Trademarks mean, collectively, with respect to each Pledgor, all trademarks (including service marks), slogans, logos, certification marks, domain names, trade dress, corporate names and trade names, whether registered or unregistered, owned by or assigned to such Pledgor and all registrations and applications for the foregoing (whether statutory or common law and whether established or registered in the United States or any other country) including the registrations and applications listed in Section II.A. of the Perfection Certificate, together with any and all (a) rights and privileges arising under applicable law with respect to such Pledgors use of any trademarks, (b) reissues, continuations, extensions and renewals thereof, (c) income, fees, royalties, damages and payments now and hereafter due or payable thereunder and with respect thereto, including damages, claims and payments for past, present or future infringements thereof, (d) rights corresponding thereto throughout the world, and (e) rights to sue for past, present and future infringements thereof.
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UCC means the Uniform Commercial Code as in effect from time to time in the State of New York; provided that, if by reason of mandatory provisions of law, the perfection or the effect of perfection or nonperfection or priority of, or remedies with respect to, the security interest in any item or portion of the Security Agreement Collateral is governed by the Uniform Commercial Code as in effect in a jurisdiction other than the State of New York, UCC also means the Uniform Commercial Code as in effect in such other jurisdiction for purposes of the provisions hereof relating to such perfection or effect of perfection or nonperfection, priority or remedies.
SECTION 1.02. Interpretation . The rules of interpretation specified in the Credit Agreement, including Sections 1.02 thereof, shall be applicable to this Agreement. If any conflict or inconsistency exists between this Agreement and the Credit Agreement, the Credit Agreement shall govern.
SECTION 1.03. Perfection Certificate . Collateral Agent and each Pledgor agree that the Perfection Certificate and all descriptions of Security Agreement Collateral, schedules, amendments and supplements thereto are and shall at all times remain a part of this Agreement.
ARTICLE II
GRANT OF SECURITY AND SECURED OBLIGATIONS
SECTION 2.01. Pledge . As collateral security for the payment and performance in full of all the Secured Obligations, each Pledgor hereby grants to Collateral Agent, for its benefit and for the benefit of the Secured Parties, a security interest in and continuing lien on all personal property of such Pledgor, including all of such Pledgors right, title and interest in, to and under all of the following property, wherever located, whether now owned or existing, or hereafter arising or acquired from time to time (collectively, the Security Agreement Collateral ):
(i) all Accounts;
(ii) all Chattel Paper;
(iii) all Commercial Tort Claims now or hereafter set forth on Schedule 3.04(b) hereto;
(iv) all Contracts (including, in any event, Material Contracts and Non-payment Contracts);
(v) all Deposit Accounts;
(vi) all Documents;
(vii) all General Intangibles;
(viii) all Goods (including, in any event, Equipment, Fixtures, Inventory, Documents Evidencing Goods and Software Embedded in Goods);
(ix) all Instruments;
(x) all Insurance;
(xi) all Intellectual Property;
(xii) all Investment Property and Financial Assets;
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(xiii) all Letters of Credit and Letter-of-Credit Rights;
(xiv) all Money;
(xv) all Receivables;
(xvi) all Securities Collateral;
(xvii) all books and Records relating to any and/or all of the foregoing;
(xviii) to the extent not otherwise included above, all Collateral Records, Collateral Support and Supporting Obligations relating to any and/or all of the foregoing; and
(xix) to the extent not otherwise included above, all other personal property and all Proceeds and products of, accessions and additions to, profits and rents from, and replacements for or in respect of any of the foregoing;
it being understood that, subject to the other provisions hereof and of the Credit Agreement, the foregoing grant of a security interest shall not diminish any Pledgors exclusive right and license to use, or grant to other Persons license or sublicenses in, the Intellectual Property.
SECTION 2.02. Certain Limited Exclusions . Notwithstanding anything herein to the contrary, in no event shall the security interest granted under Section 2.01 attach to, and the Security Agreement Collateral shall not include any Excluded Assets; provided , that the exclusions referred to in the definition of Excluded Assets as it relates to any property or asset owned or hereafter acquired by any Pledgor shall not include any Proceeds of such assets, unless such Proceeds are also Excluded Assets. Collateral Agent agrees that, at any Pledgors reasonable request and expense, it will provide such Pledgor confirmation that the assets described in this Section 2.02 are in fact excluded from the Security Agreement Collateral.
SECTION 2.03. Secured Obligations; Continuing Liability .
(a) Security for Obligations . This Agreement secures, and the Security Agreement Collateral is collateral security for, the payment and performance in full when due of all the Secured Obligations.
(b) Continuing Liability under Security Agreement Collateral . Notwithstanding anything herein to the contrary, (i) each Pledgor shall remain liable under each of the obligations and agreements included in the Security Agreement Collateral, including any obligations or agreements relating to any Pledged Equity Interests, to perform all of the obligations undertaken by it thereunder, all in accordance with the terms and provisions thereof, and neither Collateral Agent nor any Secured Party shall have any obligation or liability (x) under any of such agreements by reason of this Agreement or any other document relating hereto, or (y) to make any inquiry regarding the nature or sufficiency of any payment received by it, or have any obligation to take any action to collect or enforce any rights under any agreement included in the Security Agreement Collateral, including any agreements relating to any Pledged Equity Interests; (ii) the exercise by Collateral Agent of any of its rights hereunder shall not release any Pledgor from any of its duties or obligations under the contracts and agreements included in the Security Agreement Collateral; and (iii) nothing herein is intended to or shall be a delegation of duties to Collateral Agent or any other Secured Party.
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ARTICLE III
PERFECTION; SUPPLEMENTS; FURTHER ASSURANCES; USE OF SECURITY AGREEMENT COLLATERAL
SECTION 3.01. Delivery of Certificated Pledged Equity Interests . All certificates, agreements or instruments representing or evidencing the Pledged Equity Interests, to the extent not previously delivered to Collateral Agent, shall promptly upon receipt thereof by any Pledgor be delivered to and held by or on behalf of Collateral Agent pursuant hereto. All certificated Pledged Equity Interests shall be in suitable form for transfer by delivery or shall be accompanied by duly executed instruments of transfer or assignment in blank, all in form and substance satisfactory to Collateral Agent. Collateral Agent shall have the right, at any time upon the occurrence and during the continuance of any Event of Default, to endorse, assign or otherwise transfer to or to register in the name of Collateral Agent or any of its nominees or endorse for negotiation any or all of Pledged Equity Interests, without any indication that such Pledged Equity Interests are subject to the security interest hereunder. In addition, Collateral Agent shall have the right, at any time upon the occurrence and during the continuance of any Event of Default, to exchange certificates representing or evidencing Pledged Equity Interests for certificates of smaller or larger denominations.
SECTION 3.02. Perfection of Uncertificated Pledged Equity Interests . None of the Pledged Equity Interests constituting Security Agreement Collateral and consisting of an interest in a partnership or a limited liability company (i) is dealt in or traded on a securities exchange or in a securities market, (ii) is registered as an investment company, or (iii) by its terms expressly provides that it is a security governed by Article 8 of the Uniform Commercial Code of any jurisdiction. If any Issuer of Pledged Equity Interests is organized in a jurisdiction that does not permit the use of certificates to evidence equity ownership, or if any of the Pledged Equity Interests are at any time not evidenced by certificates of ownership, then each applicable Pledgor shall, to the extent permitted by applicable law, record such pledge on the equityholder register or the books of the Issuer. In addition, if any Pledged Equity Interest is an Uncertificated Security, upon request by the Collateral Agent such Pledgor shall cause the issuer thereof to agree in writing with such Pledgor and the Collateral Agent that such Issuer will comply with instructions with respect to such Uncertificated Security originated by the Collateral Agent without further consent of such Pledgor, such agreement to be in form and substance reasonably satisfactory to the Agent.
SECTION 3.03. Financing Statements, Notices and Other Filings . Each Pledgor agrees that at any time and from time to time, at the sole cost and expense of the Pledgors, it will execute and file and refile (in accordance with Section 3.04 ), or permit Collateral Agent to file and refile, (a) such financing statements, continuation statements and other documents (including this Agreement), in form acceptable to Collateral Agent, in such offices as Collateral Agent may deem necessary or appropriate, wherever required by law to perfect, continue and maintain a valid, enforceable, first-priority security interest in the Security Agreement Collateral as provided herein and to preserve the other rights and interests granted to Collateral Agent hereunder, as against third parties, with respect to any Security Agreement Collateral, (b) with regard to Copyrights, a Notice of Grant of Security Interest in Copyrights substantially in the form of Exhibit A or other form acceptable to the Collateral Agent, (c) with regard to Patents, a Notice of Grant of Security Interest in Patents for filing with the USPTO substantially in the form of Exhibit B or other form acceptable to the Collateral Agent, and (d) with regard to Trademarks, a Notice of Grant of Security Interest in Trademarks for filing with the USPTO substantially in the form of Exhibit C or other form acceptable to the Collateral Agent. The foregoing notwithstanding, so long as no Event of Default has occurred and is continuing, the Pledgors obligations hereunder to reimburse the Collateral Agent or the other Secured Parties for any filings or recordations contemplated hereby shall be limited to the reimbursement of costs and expenses reasonably incurred in connection with the filing and recordation of UCC financing statements and continuation statements.
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SECTION 3.04. Other Actions . To further ensure the attachment, perfection and priority of, and the ability of Collateral Agent to enforce, Collateral Agents security interest in the Security Agreement Collateral, each Pledgor acknowledges and agrees as follows:
(a) UCC Financing Statements . Each Pledgor hereby irrevocably authorizes Collateral Agent at any time and from time to time to file in any relevant jurisdiction any financing statements (including fixture filings), continuation statements, and amendments thereto that contain the information required by Article 9 of the UCC of each applicable jurisdiction for the filing of any financing statement or amendment, including (i) whether the Pledgor is an organization, the type of organization and any organizational identification number issued to such Pledgor and (ii) in the case of a financing statement filed as a fixture filing, a sufficient description of the real property to which such Security Agreement Collateral relates. The Pledgor agrees to provide such information to Collateral Agent promptly upon request. Such financing statements or amendments may describe the Security Agreement Collateral as all assets or all personal property, whether now owned or hereafter acquired, or in any other manner that Collateral Agent, in its sole discretion, deems necessary, advisable or prudent to ensure the perfection of the security interests granted hereunder. Each Pledgor hereby ratifies its authorization for Collateral Agent to file in any relevant jurisdiction any financing statements or amendments thereto if filed prior to the date hereof.
(b) Commercial Tort Claims . No Pledgor has any Commercial Tort Claims other than those described on Schedule 3.04(b) . If any Pledgor shall at any time after the date hereof hold or acquire a Commercial Tort Claim and such Pledgor, in the exercise of its reasonable business judgment, elects to pursue such commercial tort claim, such Pledgor shall contemporaneously with the delivery of financial statements in accordance with Section 6.01(a) or (b) of the Credit Agreement deliver to Collateral Agent a written supplement to Schedule 3.04(b) hereto containing the brief details thereof and grant to Collateral Agent in such writing a security interest therein and in the Proceeds thereof, all in accordance with this Agreement, with such writing to be in form and substance satisfactory to Collateral Agent.
(c) Instruments, Tangible Chattel Paper and Documents . If any amount payable under or in connection with any of the Collateral shall be or become evidenced by any Instrument or Tangible Chattel Paper having an aggregate principal amount equal to or in excess of $250,000 individually or $1,000,000 in the aggregate, or if any property constituting Collateral shall be stored or shipped subject to a Document and such property has a value equal to or in excess of $250,000 individually or $1,000,000 in the aggregate, such Pledgor shall ensure that such Instrument, Tangible Chattel Paper or Document is either in the possession of such Pledgor at all times or, if requested by the Collateral Agent to perfect its security interest in such Collateral, is delivered to the Collateral Agent duly endorsed in a manner reasonably satisfactory to the Collateral Agent. Such Pledgor shall ensure that any Collateral consisting of Tangible Chattel Paper is marked with a legend acceptable to the Collateral Agent indicating the Collateral Agents security interest in such Tangible Chattel Paper.
(d) Electronic Chattel Paper and Uncertificated Investment Property . If any Collateral shall consist of Electronic Chattel Paper having an aggregate principal amount equal to or in excess of $250,000 individually or $1,000,000 in the aggregate or uncertificated Investment Property, upon request of the Collateral Agent, such Pledgor shall cause to be executed and delivered to the Collateral Agent all assignments, instruments or other documents as reasonably requested by the Collateral Agent for the purposes of obtaining and maintaining Control of such Security Agreement Collateral; provided , that, in any case, no Pledgor shall be required to deliver control agreements with respect to any Deposit Account, Securities Account or Commodity Account.
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SECTION 3.05. Supplements; Further Assurances . (a) The Pledgors shall cause each Person that, from time to time after the date hereof, shall be required to pledge any assets to Collateral Agent for the benefit of the Secured Parties pursuant to the provisions of the Credit Agreement, to execute and deliver to Collateral Agent a Joinder Agreement (in form and substance reasonably satisfactory to the Collateral Agent) and, upon such execution and delivery, such Person shall constitute a Pledgor for all purposes hereunder with the same force and effect as if originally named as a Pledgor herein. The execution and delivery of such Joinder Agreement shall not require the consent of any Pledgor hereunder. The rights and obligations of each Pledgor hereunder shall remain in full force and effect notwithstanding the addition of any new Pledgor as a party to this Agreement.
(b) Upon obtaining any Pledged Equity Interests of any Person, each Pledgor shall accept the same in trust for the benefit of Collateral Agent and within the timeframe required by the terms of the Credit Agreement deliver to Collateral Agent the certificates and other documents required under this ARTICLE III in respect of the additional Pledged Equity Interests, or evidence of the recordation of such pledge on the equityholder register or the books of the Issuer in respect of uncertificated Pledged Equity Interests, in each case, that is to be pledged pursuant to this Agreement, and confirming the attachment of the Lien hereby created on and in respect of such additional Pledged Equity Interests.
(c) Upon the filing of any applications for, or the issuance or registration of, any Copyrights, Patents or Trademarks of any Pledgor, each Pledgor shall deliver to Collateral Agent within the timeframe required by the terms of the Credit Agreement, a Notice of Grant of Security Interest in Copyrights substantially in the form of Exhibit A or other form reasonably acceptable to the Collateral Agent in respect of any such Copyrights, a Notice of Grant of Security Interest in Patents for filing with the USPTO substantially in the form of Exhibit B or other form reasonably acceptable to the Collateral Agent in respect of any such Patents, and a Notice of Grant of Security Interest in Trademarks for filing with the USPTO substantially in the form of Exhibit C or other form reasonably acceptable to the Collateral Agent in respect of any such Trademarks, in each case, that are pledged pursuant to this Agreement, and confirming the attachment of the Lien hereby created on and in respect of such Copyrights, Patents or Trademarks.
(d) Subject to Section 6.13 of the Credit Agreement, each Pledgor agrees to take such further actions, and to execute and deliver to Collateral Agent such additional assignments, agreements, supplements, powers and instruments, as Collateral Agent may in its reasonable judgment deem necessary or appropriate, to perfect, preserve and protect the security interest in the Security Agreement Collateral as provided herein and the rights and interests granted to Collateral Agent hereunder, to carry into effect the purposes hereof or to better assure and confirm unto Collateral Agent or permit Collateral Agent to exercise and enforce its rights, powers and remedies hereunder with respect to any Security Agreement Collateral. By way of example, such actions may include appearing in and defending any action or proceeding, at Collateral Agents request, that may affect such Pledgors title to or Collateral Agents security interest in all or any part of the Security Agreement Collateral. Upon the reasonable request of Collateral Agent, each Pledgor shall further make, execute, endorse, acknowledge, file or refile or deliver to Collateral Agent from time to time such lists, descriptions and designations of the Security Agreement Collateral, copies of warehouse receipts, receipts in the nature of warehouse receipts, bills of lading, documents of title, vouchers, invoices, schedules, confirmatory assignments, supplements, additional security agreements, conveyances, financing statements, transfer endorsements, powers of attorney, certificates, reports and other assurances or instruments. If an Event of Default has occurred and is continuing, Collateral Agent may institute and maintain, in its own name or in the name of any Pledgor, such suits and proceedings as Collateral Agent deems necessary or expedient to prevent any impairment of the security interest in or the perfection thereof in the Security Agreement Collateral. All of the foregoing shall be at the sole cost and expense of the Pledgors.
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(e) For the avoidance of doubt, the Pledgors and Collateral Agent acknowledge that this Agreement is intended to grant to Collateral Agent, for the benefit of the Secured Parties, a security interest in and continuing Lien on the Security Agreement Collateral, and does not constitute a present assignment of ownership rights, a transfer of ownership or title to any Security Agreement Collateral, except as otherwise provided herein following the occurrence and during the continuance of an Event of Default. Unless an Event of Default shall have occurred and be continuing, Collateral Agent agrees from time to time to deliver, upon written request of any Pledgor and at such Pledgors sole cost and expense (including reasonable expenses of counsel to, among other things, review the effect thereof on Collateral Agents security interest granted hereunder), any and all instruments, certificates or other documents, in a form reasonably requested by such Pledgor, necessary or appropriate in the reasonable judgment of such Pledgor to enable such Pledgor to continue to exploit, license, use and protect the Security Agreement Collateral in accordance with the terms hereof and of the Credit Agreement.
ARTICLE IV
REPRESENTATIONS, WARRANTIES AND COVENANTS
Each Pledgor represents, warrants and covenants as follows:
SECTION 4.01. Title . Except for the security interest granted to Collateral Agent for its benefit and for the benefit of the Secured Parties pursuant to this Agreement and Permitted Liens, such Pledgor owns the rights in each item of Security Agreement Collateral pledged by it hereunder, and with regard to each item of Security Agreement Collateral now existing or hereafter acquired, will continue to own or have such rights, in each case free and clear of any and all Liens or claims of others. No effective financing statement or other public notice with respect to all or any part of the Security Agreement Collateral is on file or of record in any public office, except such as have been filed in favor of Collateral Agent pursuant to this Agreement, are permitted by the Credit Agreement, or for which proper termination statements or other release documentation have been delivered to Collateral Agent for filing. No Person other than Collateral Agent has control or possession of all or any part of the Security Agreement Collateral, except as permitted hereby or by the Credit Agreement.
SECTION 4.02. Organization; Authority; Enforceability . Such Pledgor (a) is duly organized or incorporated and validly existing under the laws of the jurisdiction of its organization or incorporation, (b) has all requisite power and authority to enter into this Agreement and to carry out the obligations hereunder, and (c) has duly executed and delivered this Agreement. This Agreement and each other document, statement, or instrument relating hereto, when executed and delivered by such Pledgor, will constitute, a legal, valid and binding obligation of such Pledgor, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
SECTION 4.03. Authorizations and Approvals . No authorization, approval or other action by, and no notice to or filing with, any Governmental Authority is required for either (i) the pledge or grant by such Pledgor of the Liens purported to be created in favor of Collateral Agent hereunder, or (ii) the exercise by Collateral Agent of any rights or remedies in respect of any Security Agreement Collateral, in each case except for (a) the filings and registrations contemplated under the Collateral Documents, including filings necessary to perfect (or, in the case of equity interests of Foreign Subsidiaries, create or enforce) Liens created under the Loan Documents, and as may be required in connection with the disposition of any Securities Collateral (by laws generally affecting the offering and sale of securities) or by laws pertaining to Intellectual Property, (b) the authorizations, approvals, actions, notices and filings listed on Schedule 5.03 of the Credit Agreement, all of which have been duly obtained, taken, given or
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made and are in full force and effect, and (c) consents, approvals, registrations, filings or actions the failure of which to obtain or perform could not reasonably be expected to result in a Material Adverse Effect.
SECTION 4.04. Goods and Receivables . Such Pledgor shall (a) not deliver any negotiable Document evidencing any Goods to any Person other than the issuer of such negotiable Document to claim the Goods evidenced therefor or the Collateral Agent and (b) each of the Pledgors will collect and enforce, in accordance with past practices and in the ordinary course of business, all amounts due to such Pledgor under the Receivables owned by it. Such Pledgor will deliver to the Collateral Agent promptly upon its reasonable request after the occurrence and during the continuance of an Event of Default duplicate invoices with respect to each Receivable owned by it, bearing such language of assignment as the Collateral Agent shall reasonably specify in connection with its exercise of remedies hereunder.
SECTION 4.05. Limitation on Liens . Such Pledgor shall, at its own cost and expense, defend title to the Security Agreement Collateral pledged by it hereunder and the security interest therein and Lien thereon granted to Collateral Agent against all claims and demands of all Persons, at its own cost and expense, at any time claiming (except to the extent related to a Permitted Lien) any interest therein adverse to Collateral Agent or any other Secured Party.
SECTION 4.06. Other Financing Statements . So long as any of the Secured Obligations remain unpaid, or the Commitments of the Lenders to make any Loan or to issue any Credit Agreement L/Cs shall not have expired or been sooner terminated, such Pledgor shall not execute, authorize or permit to be filed in any public office any financing statement (or similar statement or instrument of registration under the law of any jurisdiction) or statements relating to any Security Agreement Collateral, except, in each case, financing statements filed or to be filed in respect of and covering the security interests granted by such Pledgor to the holder of Permitted Liens.
SECTION 4.07. Chief Executive Office; Change of Name; Jurisdiction of Organization . (a) As of the Closing Date, such Pledgors exact legal name, type and jurisdiction of organization or incorporation, federal taxpayer and organizational identification numbers of such Pledgor (if applicable) is set forth in the Perfection Certificate, and its chief executive office is set forth in the Perfection Certificate. Such Pledgor shall not (i) change its corporate name, (ii) change its identity or type of organization or corporate structure, or (iii) change its federal taxpayer identification number or organizational identification number (including by merging with or into any other entity, reorganizing, dissolving, liquidating, reincorporating or incorporating in any other jurisdiction) unless (A) it shall have given Collateral Agent not less than 30 days prior written notice of its intention so to do, clearly describing such change and providing such other information in connection therewith as Collateral Agent may request, and (B) with respect to such change, such Pledgor shall have taken all action that Collateral Agent deems necessary or desirable to maintain the perfection of the security interest of Collateral Agent for the benefit of the Secured Parties in the Security Agreement Collateral intended to be granted hereby. Each Pledgor agrees to promptly provide Collateral Agent with certified organizational documents reflecting any of the changes described in the preceding sentence.
(b) Such Pledgor agrees to maintain, at its own cost and expense, such complete and accurate records with respect to the Security Agreement Collateral owned by it as is consistent with its current practices and in accordance with such prudent and standard practices used in industries that are the same as or similar to those in which such Pledgor is engaged, but in any event to include complete accounting records as required by the Credit Agreement, and, at such time or times as Collateral Agent may request, promptly to prepare and deliver to Collateral Agent a duly certified schedule or schedules in form and detail satisfactory to Collateral Agent showing in summary form the identity, amount and location of any and all Security Agreement Collateral (except Security Agreement Collateral in the possession or control of Collateral Agent).
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SECTION 4.08. Certain Provisions Concerning Securities Collateral . (a) Such Pledgor has delivered to Collateral Agent true, correct and complete copies of its Organization Documents with respect to its organization or domestication in any State or territory of the United States, which are in full force and effect and have not as of the date hereof been amended or modified except as permitted by the Credit Agreement. Such Pledgor shall deliver to Collateral Agent a copy of any notice of default given or received by it under any Organization Document within ten days after such Pledgor gives or receives such notice.
(b) Such Pledgor is not in default in the payment of any portion of any mandatory capital contribution, if any, required to be made under any agreement to which such Pledgor is a party relating to the Pledged Equity Interests pledged by it, and such Pledgor is not in violation of any other provisions of any such agreement to which such Pledgor is a party, or otherwise in default or violation thereunder, except where such default or noncompliance, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect. No Securities Collateral pledged by such Pledgor is subject to any defense, offset or counterclaim, nor have any of the foregoing been asserted or alleged against such Pledgor by any Person with respect thereto, and as of the date hereof, there are no certificates, instruments, documents or other writings (other than the Organization Documents and certificates, if any, delivered to Collateral Agent) that evidence any Pledged Equity Interests of such Pledgor.
(c) So long as no Event of Default shall have occurred and be continuing (and the Borrowers and such Pledgor have not received written notice relating to such Event of Default from Collateral Agent):
(i) Such Pledgor shall be entitled to exercise any and all voting and other consensual rights pertaining to the Securities Collateral or any part thereof for any purpose not inconsistent with the terms or purposes hereof, the Credit Agreement, or any other Loan Document evidencing the Secured Obligations; provided that, such Pledgor shall not in any event exercise such rights in any manner that would reasonably be expected to have a material adverse effect on the value of the Security Agreement Collateral or the Lien and security interest intended to be granted to Collateral Agent hereunder;
(ii) Such Pledgor shall be entitled to receive and retain, and to utilize free and clear of the Lien hereof, any and all Distributions, but only if and to the extent made in accordance with the provisions of the Credit Agreement; provided that, any and all such Distributions consisting of rights or interests in the form of certificated securities shall be delivered to Collateral Agent to hold as Security Agreement Collateral and shall, if received by such Pledgor, be received in trust for the benefit of Collateral Agent, be segregated from the other property or funds of such Pledgor and be delivered to Collateral Agent as Security Agreement Collateral in the same form as so received (with any necessary endorsement), in each case as and when required pursuant to ARTICLE III hereof; and
(iii) Without further action or formality, Collateral Agent shall be deemed to have granted to such Pledgor all necessary consents relating to voting rights and shall, if necessary, upon written request of such Pledgor and at the sole cost and expense of the Pledgors, from time to time execute and deliver (or cause to be executed and delivered) to such Pledgor all such instruments as such Pledgor may reasonably request to permit such Pledgor to exercise the voting and other rights that it is entitled to exercise pursuant to Section 4.08(c)(i) and to receive the Distributions that it is authorized to receive and retain pursuant to Section 4.08(c)(i) .
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(d) Upon the occurrence and during the continuance of any Event of Default (and once any Borrower or any Pledgor has received written notice relating to such Event of Default from Collateral Agent):
(i) All rights of such Pledgor to exercise the voting and other consensual rights it would otherwise be entitled to exercise pursuant to Section 4.08(c)(i) without any action or the giving of any notice shall cease, and all such rights shall thereupon become vested in Collateral Agent, which shall thereupon have the sole right to exercise such voting and other consensual rights; and
(ii) All rights of such Pledgor to receive Distributions that it would otherwise be authorized to receive and retain pursuant to Section 4.08(c)(ii) shall cease and all such rights shall thereupon become vested in Collateral Agent, who shall thereupon have the sole right to receive and hold as Security Agreement Collateral such Distributions;
provided that, the rights described in clauses (i) and (ii) above shall revert back to such Pledgor following the cure or waiver of such Event of Default.
(e) Such Pledgor shall, at its sole cost and expense, from time to time execute and deliver to Collateral Agent appropriate instruments as Collateral Agent may request to permit Collateral Agent to exercise the voting and other rights that it may be entitled to exercise pursuant to Section 4.08(d)(i) and to receive all Distributions that it may be entitled to receive under Section 4.08(d)(ii) .
(f) All Distributions that are received by such Pledgor contrary to the provisions of Section 4.08(d)(ii) shall be received in trust for the benefit of Collateral Agent, shall be segregated from other funds of such Pledgor and shall promptly be paid over to Collateral Agent as Security Agreement Collateral in the same form as so received (with any necessary endorsement).
(g) Each Pledgor hereby authorizes and instructs each Issuer with respect to any Pledged Equity Interests to (A) comply with any written instruction received by it from the Collateral Agent that (1) states that an Event of Default has occurred and is continuing and (2) is otherwise in accordance with the terms of this Agreement, without any other or further instructions from such Pledgor, and each Pledgor agrees that each Issuer shall be fully protected in so complying following receipt of such notice and prior to the time that such Event of Default is no longer continuing, and (B) except as otherwise expressly permitted hereby, pay any dividends, distributions or other payments with respect to any Pledged Equity Interests directly to the Collateral Agent.
SECTION 4.09. Certain Provisions Concerning Intellectual Property . (a) Such Pledgor agrees that it will not, nor will it knowingly permit or authorize any of its licensees to, do any act, or omit to do any act, whereby any issued Patent may become invalidated, dedicated to the public, or unenforceable, and agrees that it shall continue to mark any products covered by a Patent with the relevant Patent Number or indication that such product is subject to a pending Patent application as necessary and sufficient to establish and preserve its maximum rights under applicable patent laws, except where the failure to so mark would not be reasonably likely to result in a Material Adverse Effect.
(b) Such Pledgor (either itself or through its licensees or its sublicensees) will, for each material Trademark, (i) maintain such Trademark in full force free from any claim of abandonment or invalidity for nonuse, (ii) not materially diminish the value of such Trademark or the goodwill associated therewith, (iii) display such Trademark with notice of federal or foreign registration to the extent necessary and sufficient to establish and preserve its maximum rights under applicable law, except where the failure to display with such notice would not be reasonably likely to result in a Material Adverse Effect, and (iv) not knowingly use or knowingly permit the use of such Trademark in violation of any third party rights.
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(c) Such Pledgor (either itself or through licensees) will, for each work covered by a material Copyright, continue to publish, reproduce, display, adopt and distribute the work with appropriate copyright notice as necessary and sufficient to establish and preserve its maximum rights under applicable copyright laws, except where the failure to include notice would not be reasonably likely to result in a Material Adverse Effect.
(d) Such Pledgor shall notify Collateral Agent promptly if it knows or has reason to know that any Intellectual Property material to such Pledgors business (whether individually or in the aggregate) may become, or knows of circumstances that would cause any such Intellectual Property to become: (i) abandoned, lost or dedicated to the public; (ii) invalid or unenforceable; or (iii) subject to any adverse determination or development regarding such Pledgors ownership of any Intellectual Property, its right to register the same, or to keep and maintain the same.
(e) Such Pledgor will take all reasonable steps in the United States Patent and Trademark Office, United States Copyright Office or any office or agency in any political subdivision of the United States, Canada or in any other country, to maintain and pursue each application relating to the Intellectual Property (and to obtain the relevant grant or registration) and to maintain each issued Patent and each registration of the Trademarks and Copyrights, including timely filings of applications for renewal, affidavits of use, affidavits of incontestability and payment of maintenance fees, and to initiate opposition, interference and cancellation proceedings against third parties, in each case where necessary for the operation of such Pledgors business as presently conducted and as contemplated by the Credit Agreement.
(f) In the event that such Pledgor knows that any Security Agreement Collateral consisting of Intellectual Property material to the conduct of such Pledgors business has been or is about to be infringed, misappropriated or diluted by a third party, such Pledgor promptly shall notify Collateral Agent and shall promptly sue for infringement, misappropriation or dilution and to recover any and all damages for such infringement, misappropriation or dilution, or take such other actions as are appropriate under the circumstances to protect such Security Agreement Collateral, except where the failure to so notify or take such actions would not be reasonably likely to result in a Material Adverse Effect.
(g) Upon the occurrence and during the continuance of an Event of Default, such Pledgor shall use its commercially reasonable efforts to obtain all requisite consents or approvals by the licensor of each License to effect the assignment of all of such Pledgors right, title and interest thereunder to the Security Agreement Collateral Agent or its designee.
(h) Solely for the purpose of enabling Collateral Agent to exercise its rights and remedies upon the occurrence of an Event of Default, such Pledgor hereby grants to Collateral Agent, to the extent assignable, an irrevocable, nonexclusive and assignable license (exercisable without payment of royalty or other compensation to such Pledgor) to use, license or sublicense or otherwise exploit any of the Intellectual Property now owned or hereafter acquired by such Pledgor, wherever the same may be located, including in such license access to all media in which any of the licensed items may be recorded or stored and to all software and computer programs used for the compilation or printout thereof.
(i) Except with the prior consent of Collateral Agent or as permitted under the Credit Agreement, such Pledgor shall not execute any financing statement or other document or instrument, and there will not be on file in any public office any effective financing statement or other document or instruments, except financing statements or other documents or instruments filed or to be filed in favor of Collateral Agent or in respect of Permitted Liens, and such Pledgor shall not sell, assign,
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transfer, license, grant any option in, or create any Lien, claim, security interest or other encumbrance on or with respect to the Intellectual Property, or suffer to exist any effective Lien, claim, security interest or other encumbrance on or with respect to the Intellectual Property, except for the security interest created by and under this Security Agreement and Permitted Liens as otherwise permitted by the Credit Agreement.
(j) It shall hereafter use commercially reasonable efforts so as not to permit the inclusion in any contract to which it hereafter becomes a party of any provision that would materially impair or prevent the creation of a security interest in, or the assignment of, such Pledgors rights and interests in any property included within the definitions of any Intellectual Property acquired under such contracts.
SECTION 4.10. Inspection and Verification . Collateral Agent or any representative designated by Collateral Agent shall have the same access and inspection rights as granted to the Administrative Agent by the Borrowers pursuant to Section 6.10 of the Credit Agreement; provided that, upon the occurrence and during the continuance of an Event of Default, Collateral Agent and its representatives shall at all times have the right to enter any premises of such Pledgor and inspect any property of such Pledgor where any of the Security Agreement Collateral of such Pledgor is located for the purpose of inspecting the same, observing its use, protecting its interests therein, or otherwise exercising the remedies provided under Article V at any time during normal business hours and without advance notice. For the avoidance of doubt, in respect of Accounts or Security Agreement Collateral in the possession of any third Person, upon the occurrence and during the continuance of an Event of Default, Collateral Agent or any designated representative shall have the right to contact such account debtors or third Persons in possession of such Security Agreement Collateral for verification purposes. Collateral Agent shall have the absolute right to share any information it gains from such inspection or verification with any other Secured Party.
SECTION 4.11. Payment of Taxes; Contesting Liens; Claims . Such Pledgor represents and warrants that all Charges imposed on or assessed against the Security Agreement Collateral have been paid and discharged except to the extent such Charges constitute Permitted Liens of the types set forth in clause (c) and (d) of Section 7.01 of the Credit Agreement. Notwithstanding the foregoing, such Pledgor may at its own expense contest the validity, amount or applicability of any Charges so long as the contest thereof shall satisfy the Contested Collateral Lien Conditions. Notwithstanding the foregoing provisions of this Section 4.11 , no contest of any such obligation may be pursued by such Pledgor if such contest would expose Collateral Agent or any other Secured Party to any possible criminal liability.
SECTION 4.12. Transfers and Other Liens . Such Pledgor shall not sell, convey, assign or otherwise dispose of, or grant any option with respect to, any of the Security Agreement Collateral pledged by it hereunder except as permitted by the Credit Agreement. Such Pledgor shall not make or permit to be made an assignment for security, pledge or hypothecation of the Security Agreement Collateral or shall grant any other Lien in respect of the Security Agreement Collateral, except as permitted by Section 7.01 of the Credit Agreement.
SECTION 4.13. Government Contracts . Such Pledgor shall promptly notify the Collateral Agent, in writing, if it enters into any contract with a Governmental Authority under which such Governmental Authority, as account debtor, owes a monetary obligation to any Pledgor under any Account in excess of $1,000,000.
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ARTICLE V
REMEDIES
SECTION 5.01. Remedies . Upon the occurrence and during the continuance of any Event of Default, Collateral Agent may from time to time exercise in respect of the Security Agreement Collateral, in addition to the other rights and remedies provided for herein or otherwise available to it by any applicable Law (including, but not limited to, levy of attachment, garnishment and the rights and remedies set forth in the UCC of the jurisdiction applicable to the affected Security Agreement Collateral), the rights and remedies of a secured party under the UCC (regardless of whether the UCC is the law of the jurisdiction where the rights and remedies are asserted and regardless of whether the UCC applies to the affected Security Agreement Collateral):
(a) Personally, or by agents or attorneys, immediately take possession of the Security Agreement Collateral or any part thereof, from any Pledgor or any other Person who then has possession of any part thereof with or without notice or process of law, and for that purpose may enter on any Pledgors premises where any of the Security Agreement Collateral is located without any obligation to a Pledgor to pay rent, remove such Security Agreement Collateral with or without judicial process, remain present at such premises to receive copies of all communications and remittances relating to the Security Agreement Collateral and use in connection with such removal and possession any and all services, supplies, aids and other facilities of any Pledgor;
(b) Demand, sue for, collect or receive any money or property at any time payable or receivable in respect of the Security Agreement Collateral and file any claim or take any other action or proceeding to protect and realize upon the security interest of the Secured Parties in the Security Agreement Collateral, including notifying, or requiring any Pledgor to notify, the obligor or obligors on any agreement, instrument or other obligation constituting part of the Security Agreement Collateral of the security interest of the Collateral Agent therein and/or instructing, or requiring any Pledgor to instruct, such obligor to make any payment required by the terms of such agreement, instrument or other obligation directly to Collateral Agent, and in connection with any of the foregoing, compromise, settle, extend the time for payment and make other modifications with respect thereto; provided that, in the event that any such payments are made directly to any Pledgor, prior to receipt by any such obligor of such notice and/or instruction, such Pledgor shall segregate all amounts received pursuant thereto in trust for the benefit of Collateral Agent and shall promptly (but in no event later than one Business Day after receipt thereof) pay such amounts into the Collateral Account; the Collateral Agent shall have the right, but not the obligation, to make test verifications of the Accounts in any manner and through any medium that it reasonably considers advisable, and the Pledgors shall furnish all such reasonable assistance and information as the Collateral Agent may reasonably require in connection with such test verifications, and the Collateral Agent in its own name or in the name of others may communicate with account debtors on the Accounts to verify with them to the Collateral Agents satisfaction the existence, amount and terms of any Accounts;
(c) Sell, assign, grant a license to use or otherwise liquidate, or direct any Pledgor to sell, assign, grant a license to use or otherwise liquidate, any and all investments made in whole or in part with the Security Agreement Collateral or any part thereof, and take possession of the proceeds of any such sale, assignment, license or liquidation;
(d) Take possession of the Security Agreement Collateral or any part thereof by directing any Pledgor in writing to deliver the same to Collateral Agent at any place or places so designated by Collateral Agent, in which event such Pledgor shall at its own expense: (i) forthwith cause the same to be moved to the place or places designated by Collateral Agent and there delivered to Collateral Agent, (ii) store and keep any Security Agreement Collateral so delivered to Collateral Agent at
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such place or places pending further action by Collateral Agent and (iii) while the Security Agreement Collateral shall be so stored and kept, provide such security and maintenance services as shall be necessary to protect the same and to preserve and maintain them in good condition. Each Pledgors obligation to deliver the Security Agreement Collateral as contemplated in this Section 5.01(d) is of the essence hereof. Upon application to a court of equity having jurisdiction, Collateral Agent shall be entitled to a decree requiring specific performance by any Pledgor of such obligation;
(e) Withdraw all moneys, instruments, securities and other property in any bank, financial securities, deposit or other account of any Pledgor constituting Security Agreement Collateral for application to the Secured Obligations as provided in Article VIII of the Credit Agreement;
(f) Retain and apply the Distributions to the Secured Obligations as provided in the Credit Agreement;
(g) Exercise any and all rights as beneficial and legal owner of the Security Agreement Collateral, including perfecting assignment of and exercising any and all voting, consensual and other rights and powers with respect to any Security Agreement Collateral; and
(h) All the rights and remedies of a secured party on default under the UCC, and Collateral Agent may also in its sole discretion, without notice except as specified in Section 5.02 , sell, assign or grant a license to use the Security Agreement Collateral or any part thereof in one or more parcels at public or private sale, at any exchange, brokers board or at any of Collateral Agents offices or elsewhere, for cash, on credit or for future delivery, and at such price or prices and on such other terms as Collateral Agent deems commercially reasonable. Collateral Agent or any other Secured Party or any of their respective Affiliates may be the purchaser, licensee, assignee or recipient of any or all of the Security Agreement Collateral at any such public sale, and to the extent permitted by law, upon any such private sale, and shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Security Agreement Collateral sold, assigned or licensed at such sale, credit bid, to use and apply any of the Secured Obligations owed to such Person as a credit on account of the purchase price of any Security Agreement Collateral payable by such Person at such sale. Each purchaser, assignee, licensee or recipient at any such sale shall acquire the property sold, assigned or licensed absolutely free from any claim or right on the part of any Pledgor, and each Pledgor hereby waives and releases, to the fullest extent permitted by law, all rights or equities of redemption, stay and appraisal that it now has or may at any time in the future have under any rule of law or statute now existing or hereafter enacted. The Collateral Agent may sell the Security Agreement Collateral without giving any warranties as to the Security Agreement Collateral. The Collateral Agent may specifically disclaim or modify any warranties of title or the like. Collateral Agent shall not be obligated to make any sale of Security Agreement Collateral regardless of notice of sale having been given. Collateral Agent may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. Each Pledgor hereby waives, to the fullest extent permitted by law, any claims against Collateral Agent arising by reason of the fact that the price at which any Security Agreement Collateral may have been sold, assigned or licensed at such a private sale was less than the price that might have been obtained at a public sale, even if Collateral Agent accepts the first offer received and does not offer such Security Agreement Collateral to more than one offeree. The Collateral Agent may also in its sole discretion, and it would not be deemed commercially unreasonable, to dispose of the Security Agreement Collateral or any portion thereof by using Internet sites that provide for the auction of assets of the types included in the Security Agreement Collateral or that have the reasonable capability of doing so, or that have the reasonable capability of doing so, or that match buyers and sellers of assets. Each Pledgor agrees that the internet shall constitute a place for purposes of Section 9-610(b) of the UCC and that any sale of Security Agreement Collateral to a licensor pursuant to the terms of a license agreement between such licensor and a Pledgor is sufficient to constitute a commercially reasonable sale (including as to method, terms, manner, and time) within the meaning of Section 9-610 of the UCC.
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(i) Upon the written demand of Collateral Agent, each Pledgor shall execute and deliver to Collateral Agent an assignment or assignments of the registered Intellectual Property and such other documents as are necessary or appropriate to carry out the intent and purposes hereof.
(j) In the event of any Disposition of any of the Intellectual Property by the Collateral Agent pursuant to the exercise of remedies under this ARTICLE V, the goodwill of the business connected with and symbolized by any Trademarks subject to such Disposition shall be included, and the applicable Pledgor shall supply the Collateral Agent or its designee with such Pledgors know-how and expertise, and with documents and things embodying the same, relating to the exploitation of such Intellectual Property, including the manufacture, distribution, advertising, marketing and sale of products or the provision of services under such Intellectual Property, and such Pledgors customer lists and other records and documents relating to such Intellectual Property and to the manufacture, distribution, advertising, marketing and sale of such products and services.
SECTION 5.02. Notice of Sale . Each Pledgor acknowledges and agrees that, to the extent notice of sale shall be required by law, ten days notice to such Pledgor of the time and place of any public sale or of the time after which any private sale or other intended disposition is to take place shall be commercially reasonable notification of such matters. No notification need be given to any Pledgor if it has signed, during the occurrence of an Event of Default, a statement renouncing or modifying any right to notification of sale or other intended disposition.
SECTION 5.03. Waiver of Notice and Claims . Each Pledgor hereby waives, to the fullest extent permitted by applicable law, notice or judicial hearing in connection with Collateral Agents taking possession or Collateral Agents disposition of any of the Security Agreement Collateral, including any and all prior notice and hearing for any prejudgment remedy or remedies and any such right that such Pledgor would otherwise have at law or under equity, and each Pledgor hereby further waives, to the fullest extent permitted by applicable law: (a) all damages occasioned by such taking of possession, (b) all other requirements as to the time, place and terms of sale or other requirements with respect to the enforcement of Collateral Agents rights hereunder and (c) all rights or equities of redemption, appraisal, valuation, stay, extension and moratorium now or hereafter in force under any applicable law. Collateral Agent shall not be liable for any incorrect or improper payment made pursuant to this ARTICLE V in the absence of gross negligence or willful misconduct. Any sale of, or the grant of options to purchase, or any other realization on, any Security Agreement Collateral shall operate to divest all right, title, interest, claim and demand, either at law or in equity, of the applicable Pledgor therein and thereto, and shall be a perpetual bar both at law and in equity against such Pledgor and against any and all Persons claiming or attempting to claim the Security Agreement Collateral so sold, optioned or realized on, or any part thereof, from, through or under such Pledgor.
SECTION 5.04. Certain Security Agreement Collateral .
(a) Each Pledgor recognizes that, by reason of certain prohibitions contained in the Securities Act, and applicable state securities laws, Collateral Agent may be compelled, with respect to any sale of all or any part of the Securities Collateral, to limit purchasers to Persons who will agree, among other things, to acquire such Securities Collateral for their own account, for investment and not with a view to the distribution or resale thereof. Each Pledgor acknowledges that any such private sales may be at prices and on terms less favorable to Collateral Agent than those obtainable through a public sale without such restrictions (including a public offering made pursuant to a registration statement under the Securities Act), and, notwithstanding such circumstances, agrees that any such private sale shall be deemed to have been made in a commercially reasonable manner and that Collateral Agent shall have no
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obligation to engage in public sales and no obligation to delay the sale of any Securities Collateral for the period of time necessary to permit the issuer thereof to register it for a form of public sale requiring registration under the Securities Act or under applicable state securities laws, even if such issuer would agree to do so.
(b) If the Collateral Agent shall determine that in order to exercise its right to sell any or all of the Securities Collateral it is necessary or advisable to have such Collateral registered under the provisions of the Securities Act (any such Collateral, the Restricted Securities Collateral ), the relevant Pledgor will cause each applicable Issuer (and the officers and directors thereof) that is a Pledgor or a Subsidiary of a Pledgor to (A) execute and deliver all such instruments and documents, and do or cause to be done all such other acts as may be, in the opinion of the Collateral Agent, necessary or advisable to register such Restricted Securities Collateral, or that portion thereof to be sold, under the provisions of the Securities Act, (B) use its commercially reasonable efforts to cause the registration statement relating thereto to become effective and to remain effective for a period of one year from the date of the first public offering of such Restricted Securities Collateral, or that portion thereof to be sold, and (C) make all amendments thereto and/or to the related prospectus which, in the opinion of the Collateral Agent, are necessary or advisable, all in conformity with the requirements of the Securities Act and the rules and regulations of the Securities and Exchange Commission applicable thereto. Each Pledgor agrees to cause each applicable Issuer (and the officers and directors thereof) to comply with the provisions of the securities or Blue Sky laws of any and all jurisdictions which the Collateral Agent shall designate and to make available to its security holders, as soon as practicable, an earnings statement (which need not be audited) which will satisfy the provisions of the Securities Act.
(c) Each Pledgor agrees to use its commercially reasonable efforts to do or cause to be done all such other acts as may be necessary to make such sale or sales of all or any portion of the Restricted Securities Collateral valid and binding and in compliance with any and all other applicable Laws. Each Pledgor further agrees that a breach of any of the covenants contained in this ARTICLE V will cause irreparable injury to the Collateral Agent and the other Secured Parties, that the Collateral Agent and the other Secured Parties have no adequate remedy at law in respect of such breach and, as a consequence, that each and every covenant contained in this ARTICLE V shall be specifically enforceable against such Pledgor, and such Pledgor hereby waives and agrees not to assert any defenses against an action for specific performance of such covenants except for a defense that no Event of Default has occurred under the Credit Agreement.
SECTION 5.05. No Waiver; Cumulative Remedies . (a) No failure on the part of Collateral Agent to exercise, no course of dealing with respect to, and no delay on the part of Collateral Agent in exercising, any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy; nor shall Collateral Agent be required to look first to, enforce or exhaust any other security, collateral or guarantees. The remedies herein provided are cumulative and are not exclusive of any remedies provided by law.
(b) In the event that Collateral Agent shall have instituted any proceeding to enforce any right, power or remedy under this Agreement by foreclosure, sale, entry or otherwise, and such proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to Collateral Agent, then and in every such case, the Pledgors, Collateral Agent and each other Secured Party shall be restored to their respective former positions and rights hereunder with respect to the Security Agreement Collateral, and all rights, remedies and powers of Collateral Agent and the other Secured Parties shall continue as if no such proceeding had been instituted.
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SECTION 5.06. Application of Proceeds . After the exercise of remedies provided for in ARTICLE VIII of the Credit Agreement (or after the Loans have automatically become immediately due and payable and the L/C Obligations have automatically been required to be Cash Collateralized as set forth in ARTICLE VIII of the Credit Agreement) any payments in respect of the Secured Obligations and any proceeds of the Collateral, when received by the Collateral Agent or any Secured Party in cash or cash equivalents will be applied in reduction of the Secured Obligations in the order set forth in the Credit Agreement. Each Pledgor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Security Agreement Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by any Secured Party to collect such deficiency.
ARTICLE VI
OBLIGATIONS ABSOLUTE; WAIVERS
SECTION 6.01. Liability of the Pledgors Absolute . Each Pledgor agrees that its obligations hereunder are irrevocable, absolute, independent, unconditional, and shall not be affected by any circumstance that constitutes a legal or equitable discharge of a pledgor or surety, except for payment in full of the Secured Obligations. In furtherance of the foregoing and without limiting the generality thereof, each Pledgor agrees as follows:
(a) the obligations of each Pledgor hereunder are independent of the obligations of each other Pledgor and each guarantor of the obligations of the Loan Parties, and separate actions may be brought and prosecuted against such Pledgor whether or not any action is brought against any other Pledgor or guarantor, and whether or not such other Pledgor or guarantor is joined in any such actions;
(b) payment by any Loan Party of a portion of the Secured Obligations shall in no way limit, affect, modify or abridge such Pledgors grant hereunder securing any portion of the Secured Obligations that has not been paid. By way of example and without limiting the generality of the foregoing, if Collateral Agent is awarded a judgment in any suit brought to enforce any Loan Partys covenant to pay a portion of the Secured Obligations, such judgment shall not be deemed to release such Pledgor from its grant hereunder securing the portion of the Secured Obligations that is not the subject of such suit, and such judgment shall not, except to the extent satisfied by such Pledgor, limit, affect, modify or abridge any other Pledgors grant hereunder securing the Secured Obligations;
(c) upon such terms as Collateral Agent deems appropriate, without obligation to give notice or demand, without affecting the validity or enforceability hereof, and without giving rise to any reduction, limitation, impairment, discharge or termination of the security interests granted hereunder or such Pledgors liability hereunder, Collateral Agent may, from time to time, (i) renew, extend, accelerate, increase the rate of interest on, or otherwise change the time, place and manner or terms of payment of any of the Secured Obligations in accordance with the terms of the other Loan Documents; (ii) settle, compromise, release or discharge, or accept or refuse any offer of performance with respect to, or substitutions for, any of the Secured Obligations or any agreement relating thereto, or subordinate the payment of the same to the payment of any other obligations; (iii) request and accept other pledges as security for any of the Secured Obligations, and take and hold security for the payment hereof or any of the Secured Obligations; (iv) release, surrender, exchange, substitute, compromise, settle, rescind, waive, alter, subordinate or modify, with or without consideration, any security for payment of any of the Secured Obligations, any guarantees of any of the Secured Obligations, or any other obligation of any Person (including any other Pledgor) with respect to any of the Secured Obligations; (v) enforce and apply any security now or hereafter held by it in respect hereof or any of the Secured Obligations, and direct the order or manner of sale thereof, or exercise any other right or remedy that it may have against any such security, including foreclosure on any such security in accordance with one or more judicial or
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nonjudicial sales, whether or not every aspect of any such sale is economically reasonable, and even though such action operates to impair or extinguish any right of reimbursement or subrogation or other right or remedy of any Pledgor against any other Loan Party, or any security for any of the Secured Obligations; and (vi) exercise any other rights available to it under the Loan Documents; and
(d) this Agreement and such Pledgors obligations hereunder shall be valid and enforceable, and shall not be subject to any reduction, limitation, impairment, discharge or termination for any reason (other than payment in full of all the Secured Obligations), including the occurrence of any of the following (whether or not such Pledgor shall have had notice or knowledge of any of them): (i) any failure or omission to assert or enforce, any agreement or election not to assert or enforce, or any stay or enjoining by order of any court, by operation of law or otherwise, of the exercise or enforcement of any claim or demand, or any right, power or remedy (whether arising under the Loan Documents, at law, in equity, or otherwise) with respect to the Secured Obligations or any agreement related thereto, or with respect to any other guarantee of or security for the payment of the Secured Obligations; (ii) any rescission, waiver, amendment or modification of, or any consent to departure from, any of the terms or provisions (including provisions relating to events of default) hereof, any of the other Loan Documents, any agreement or instrument executed pursuant thereto, or any guarantee or other security for the Secured Obligations or any agreement relating thereto at any time being found to be illegal, invalid or unenforceable in any respect; (iv) the application of payments received from any source (other than payments received pursuant to the other Loan Documents or from the proceeds of any security for the Secured Obligations, except to the extent such security also serves as collateral for Indebtedness other than the Secured Obligations); (v) consent of Collateral Agent or any other Secured Party to the change, reorganization or termination of the corporate structure or existence of any Loan Party or any Subsidiary thereof, and to any corresponding restructuring of the Secured Obligations; (vi) any failure to perfect or continue perfection of a security interest in any collateral that secures any of the Secured Obligations; (vii) any defenses, set-offs or counterclaims that any Loan Party may allege or assert against Collateral Agent or any other Secured Party in respect of the Secured Obligations, including failure of consideration, breach of warranty, payment, statute of frauds, statute of limitations, accord and satisfaction, and usury; and (viii) any other act, thing or omission, or delay to do any other act or thing, that in any manner and to any extent may vary such Pledgors risk as a grantor of security securing the Secured Obligations.
SECTION 6.02. General Waivers . Each Pledgor hereby waives, for the benefit of Collateral Agent and the Secured Parties: (a) all rights to require Collateral Agent or any other Secured Party, as a condition to exercising Collateral Agents rights hereunder against the Security Agreement Collateral, to (i) proceed against any other Loan Party, any other pledgor (including any other Pledgor) of security securing any of the Secured Obligations, or any other Person, (ii) proceed against or exhaust any security held from any other Loan Party, any such other pledgor or any other Person, (iii) proceed against or have resort to any balance of any Deposit Account or credit on the books of Collateral Agent or any other Secured Party in favor of any other Loan Party or any other Person, or (iv) pursue any other remedy whatsoever in the capacity of secured party; (b) any defense arising by reason of incapacity, lack of authority, or any disability or other defenses of any other Loan Party, including any defense based on or arising from the lack of validity or enforceability of any of the Secured Obligations or any agreement or instrument relating thereto, or by reason of the cessation of the liability of any other Loan Party from any cause other than the payment in full of all the Secured Obligations; (c) any defense based on any statute or rule of law that provides that the obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal; (d) any defense based on errors or omissions by Collateral Agent or any other Secured Party in the administration of any of the Secured Obligations, except behavior that amounts to bad faith, gross negligence or willful misconduct; (e) any principles or provisions of law, statutory or otherwise, that are or may be in conflict with the terms hereof, and any legal or equitable discharge of such Pledgors obligations hereunder; (f) the benefit of any statute of limitations affecting such Pledgors counterclaims; (g) promptness, diligence and any requirement that
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Collateral Agent or any other Secured Party protect, secure, perfect or insure any security interest or Lien or any property subject thereto; (h) notices, demands, presentments, protests, notices of protest, notices of dishonor and notices of any action or inaction, including acceptance hereof, notices of default hereunder, notices of any renewal, extension or modification of any of the Secured Obligations or any agreement related thereto, notices of any extension of credit to any other Loan party and notices of any of the matters referred to in Section 6.01, and any right to consent to any thereof; and (i) any defenses or benefits that may be derived from or afforded by law that limit the liability of or exonerate pledgors or sureties, or that may conflict with the terms hereof.
SECTION 6.03. California Waivers . For purposes of this Section 6.03 only, references to the principal include each Loan Party and references to the creditor include each Secured Party. In accordance with Section 2856 of the California Civil Code, each Pledgor waives all rights and defenses (i) available to such Pledgor by reason of Sections 2787 through 2855, 2899, and 3433 of the California Civil Code, including all rights or defenses such Pledgor may have by reason of protection afforded to the principal with respect to any of the Secured Obligations, or to any other Person liable for any of the Secured Obligations, in either case in accordance with the antideficiency or other laws of the State of California limiting or discharging the principals Indebtedness or such Persons obligations, including Sections 580a, 580b, 580d and 726 of the California Code of Civil Procedure; and (ii) arising out of an election of remedies by the creditor, even though such election, such as a nonjudicial foreclosure with respect to security for any Secured Obligation (or any obligation of any other Person of any of the Secured Obligations), has destroyed such Pledgors right of subrogation and reimbursement against the principal (or such other Person), by operation of Section 580d of the California Code of Civil Procedure or otherwise. No other provision of this Agreement shall be construed as limiting the generality of any of the covenants and waivers set forth in this Section 6.03 . As provided below, this Agreement shall be governed by, and shall be construed and enforced in accordance with the laws of the State of New York. This Section 6.03 is included solely out of an abundance of caution, and shall not be construed to mean that any of the above-referenced provisions of California law are in any way applicable to this Agreement or to any of the Secured Obligations.
SECTION 6.04. Other Security . To the extent that any of the Secured Obligations are now or hereafter secured by property other than the Security Agreement Collateral (including, without limitation, real property and securities owned by a Pledgor), or by a guarantee, endorsement or property of any other Person, then the Collateral Agent shall have the right to proceed against such other property, guarantee or endorsement upon the occurrence of any Event of Default, and the Collateral Agent shall have the right, in its sole discretion, to determine which rights, security, liens, security interests or remedies the Collateral Agent shall at any time pursue, relinquish, subordinate, modify or take with respect thereto, without in any way modifying or affecting any of them or the Secured Obligations or any of the rights of the Collateral Agent or the Secured Parties under this Agreement, under any other of the Loan Documents or under any other document relating to the Secured Obligations.
ARTICLE VII
MISCELLANEOUS
SECTION 7.01. Concerning Collateral Agent . (a) Collateral Agent has been appointed as Collateral Agent pursuant to Article IX of the Credit Agreement. The actions of Collateral Agent hereunder are subject to the provisions of the Credit Agreement. Collateral Agent shall have the right hereunder to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking action (including the release or substitution of the Security Agreement Collateral), in accordance with this Agreement and the Credit Agreement. Collateral Agent
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may employ agents and attorneys-in-fact in connection herewith. Collateral Agent may resign and a successor Collateral Agent may be appointed in the manner provided in the Credit Agreement. Upon the acceptance of any appointment as Collateral Agent by a successor Collateral Agent, that successor Collateral Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Collateral Agent under this Agreement, and the retiring Collateral Agent shall thereupon be discharged from its duties and obligations under this Agreement. After any retiring Collateral Agents resignation, the provisions hereof shall inure to its benefit as to any actions taken or omitted to be taken by it under this Agreement while it was Collateral Agent.
(b) Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Security Agreement Collateral in its possession if such Security Agreement Collateral is accorded treatment substantially equivalent to that which Collateral Agent, in its individual capacity, accords its own property consisting of similar instruments or interests, it being understood that neither Collateral Agent nor any of the Secured Parties shall have responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to any Securities Collateral, whether or not Collateral Agent or any other Secured Party has or is deemed to have knowledge of such matters, or (ii) taking any necessary steps to preserve rights against any Person with respect to any Security Agreement Collateral.
(c) Collateral Agent shall be entitled to rely on any written notice, statement, certificate, order or other document or any telephone message believed by it to be genuine and correct and to have been signed, sent or made by the proper Person, and, with respect to all matters pertaining to this Agreement and its duties hereunder, on advice of counsel selected by it.
(d) With respect to any of its rights and obligations as a Lender, Collateral Agent shall have and may exercise the same rights and powers hereunder. The term Lenders, Lender or any similar terms shall, unless the context clearly otherwise indicates, include Collateral Agent in its individual capacity as a Lender. Collateral Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with such Pledgor or any Affiliate of such Pledgor to the same extent as if Collateral Agent were not acting as Collateral Agent.
(e) If any item of Security Agreement Collateral also constitutes collateral granted to Collateral Agent under any other Collateral Document, in the event of any conflict between the provisions hereof and the provisions of such other Collateral Document in respect of such collateral, Collateral Agent, in its sole discretion, shall select which provision or provisions shall control.
SECTION 7.02. Collateral Agent May Perform; Collateral Agent Appointed Attorney-in-Fact . If an Event of Default shall have occurred and be continuing, Collateral Agent may (but shall not be obligated to) remedy or cause to be remedied any such breach, and may expend funds for such purpose; provided that, Collateral Agent shall in no event be bound to inquire into the validity of any tax, lien, imposition or other obligation that such Pledgor fails to pay or perform as and when required hereby and that such Pledgor does not contest in accordance with the provision of Section 7.01 of the Credit Agreement. Any and all amounts so expended by Collateral Agent shall be paid by the Pledgors in accordance with the provisions of Section 7.03 . Neither the provisions of this Section 7.02 nor any action taken by Collateral Agent pursuant to the provisions of this Section 7.02 shall prevent any such failure by any Pledgor to observe any covenant contained in this Agreement nor any breach of warranty from constituting an Event of Default. Each Pledgor hereby appoints Collateral Agent its attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, or otherwise, from time to time during the continuance of an Event of Default in Collateral Agents discretion to take any action and to execute any instrument consistent with the terms hereof and the other Loan Documents that Collateral Agent may deem necessary or advisable to accomplish the purposes hereof, including, without limitation, any or all of the following actions:
(i) to demand, collect, settle, compromise, adjust, give discharges and releases, all as the Collateral Agent may reasonably determine;
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(ii) to commence and prosecute any actions at any court for the purposes of collecting any Collateral and enforcing any other right in respect thereof;
(iii) to defend, settle or compromise any action brought and, in connection therewith, give such discharge or release as the Collateral Agent may deem reasonably appropriate;
(iv) to receive, open and dispose of mail addressed to a Pledgor and endorse checks, notes, drafts, acceptances, money orders, bills of lading, warehouse receipts or other instruments or documents evidencing payment, shipment or storage of the goods giving rise to the Collateral of such Pledgor on behalf of and in the name of such Pledgor, or securing, or relating to such Collateral;
(v) to sell, assign, transfer, make any agreement in respect of, or otherwise deal with or exercise rights in respect of, any Collateral or the goods or services which have given rise thereto, as fully and completely as though the Collateral Agent were the absolute owner thereof for all purposes;
(vi) to adjust and settle claims under any insurance policy relating thereto;
(vii) to execute and deliver all assignments, conveyances, statements, financing statements, continuation financing statements, security agreements, affidavits, notices and other agreements, instruments and documents that the Collateral Agent may determine necessary in order to perfect and maintain the security interests and liens granted in this Agreement and in order to fully consummate all of the transactions contemplated herein;
(viii) to institute any foreclosure proceedings that the Collateral Agent may deem appropriate;
(ix) to sign and endorse any drafts, assignments, proxies, stock powers, verifications, notices and other documents relating to the Collateral;
(x) to exchange any of the Pledged Equity or other property upon any merger, consolidation, reorganization, recapitalization or other readjustment of the Issuer thereof and, in connection therewith, deposit any of the Pledged Equity with any committee, depository, transfer agent, registrar or other designated agency upon such terms as the Collateral Agent may reasonably deem appropriate;
(xi) after written notice to such Pledgor in accordance with Section 4.08, to vote for a shareholder resolution, or to sign an instrument in writing, sanctioning the transfer of any or all of the Pledged Equity into the name of the Collateral Agent or one or more of the Secured Parties or into the name of any transferee to whom the Pledged Equity or any part thereof may be sold pursuant to ARTICLE V hereof;
(xii) to pay or discharge taxes, liens, security interests or other encumbrances levied or placed on or threatened against the Collateral;
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(xiii) to direct any parties liable for any payment in connection with any of the Collateral to make payment of any and all monies due and to become due thereunder directly to the Collateral Agent or as the Collateral Agent shall direct;
(xiv) to receive payment of and receipt for any and all monies, claims, and other amounts due and to become due at any time in respect of or arising out of any Collateral;
(xv) in the case of any Intellectual Property, execute and deliver, and have recorded, any and all agreements, instruments, documents and papers as the Collateral Agent may request to evidence the security interests created hereby in such Intellectual Property and the goodwill and General Intangibles of such Pledgor relating thereto or represented thereby; and
(xvi) do and perform all such other acts and things as the Collateral Agent may reasonably deem to be necessary, proper or convenient in connection with the Collateral.
The foregoing grant of authority is an irrevocable power of attorney coupled with an interest and such appointment shall be irrevocable for the term hereof. Each Pledgor hereby ratifies all that such attorney shall lawfully do or cause to be done by virtue hereof. The Collateral Agent shall be under no duty to exercise or withhold the exercise of any of the rights, powers, privileges and options expressly or implicitly granted to the Collateral Agent in this Agreement, and shall not be liable for any failure to do so or any delay in doing so. The Collateral Agent shall not be liable for any act or omission or for any error of judgment or any mistake of fact or law in its individual capacity or its capacity as attorney-in-fact except acts or omissions resulting from its gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. This power of attorney is conferred on the Collateral Agent solely to protect, preserve and realize upon its security interest in the Collateral and shall not impose any duty upon the Collateral Agent or any other Secured Party to exercise any such powers.
SECTION 7.03. Expenses . Each Pledgor will promptly pay to Collateral Agent the amount of any and all costs and expenses, including the reasonable fees and expenses of its counsel and the fees and expenses of any experts and agents, that Collateral Agent may incur in connection with this Agreement, including all costs and expenses relating to (a) any and all filings and other actions taken to ensure the attachment, perfection and priority of, and the ability of Collateral Agent to enforce, Collateral Agents security interest in the Security Agreement Collateral; (b) any action, suit or other proceeding affecting the Security Agreement Collateral or any part thereof commenced, in which action, suit or proceeding Collateral Agent is made a party or participates or in which the right to use the Security Agreement Collateral or any part thereof is threatened, or in which it becomes necessary in the judgment of Collateral Agent to defend or uphold the Lien hereof (including any action, suit or proceeding to establish or uphold the compliance of the Security Agreement Collateral with any requirements of any Governmental Authority or law); (c) the collection of the Secured Obligations; (d) the enforcement and administration hereof; (e) the custody or preservation of, or the sale of, collection from, or other realization on, any of the Security Agreement Collateral; (f) the exercise or enforcement of any of the rights of Collateral Agent or any Secured Party hereunder; or (g) the failure by any Pledgor to perform or observe any of the provisions hereof All amounts expended by Collateral Agent and payable by any Pledgor under this Section 7.03 shall be due upon demand therefor (together with interest thereon accruing at the default rate during the period from and including the date on which such funds were so expended to the date of repayment) and shall be part of the Secured Obligations. Each Pledgors obligations under this Section 7.03 shall survive the termination hereof and the discharge of such Pledgors other obligations under this Agreement, the Credit Agreement and the other Loan Documents.
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SECTION 7.04. Indemnity .
(a) Indemnity . Each Pledgor agrees to indemnify, defend and hold harmless Collateral Agent and each of the other Secured Parties, and the officers, directors, employees, agents and Affiliates of Collateral Agent and each of the other Secured Parties (collectively, the Indemnitees ) from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs (including settlement costs), expenses or disbursements of any kind or nature whatsoever (including the fees and disbursements of counsel for such Indemnitees in connection with any investigative, administrative or judicial proceeding, commenced or threatened, whether or not such Indemnitee shall be designated a party thereto) that may be imposed on, incurred by, or asserted against that Indemnitee, in any manner relating to or arising out of this Agreement or any other Loan Document (including any misrepresentation by any Pledgor in this Agreement or any other Loan Document) (the Indemnified Liabilities ); provided that, no Pledgor shall have any obligation to an Indemnitee hereunder with respect to Indemnified Liabilities if it has been determined by a final decision of a court of competent jurisdiction that such Indemnified Liabilities arose from the gross negligence or willful misconduct of that Indemnitee. To the extent that the undertaking to indemnify, pay and hold harmless set forth in the preceding sentence may be unenforceable because it is violative of any law or public policy, each Pledgor shall contribute the maximum portion that it is permitted to pay and satisfy under applicable law to the payment and satisfaction of all Indemnified Liabilities incurred by the Indemnitees or any of them.
(b) Survival . The obligations of the Pledgors contained in this Section 7.04 shall survive the termination hereof and the discharge of the Pledgors other obligations under this Agreement, the Credit Agreement, any Guaranty, any Secured Hedge Agreement, any Secured Cash Management Agreement and under the other Loan Documents.
(c) Reimbursement . Any amounts paid by any Indemnitee as to which such Indemnitee has the right to reimbursement shall constitute Secured Obligations secured by the Security Agreement Collateral.
SECTION 7.05. Continuing Security Interest; Assignment .
(a) This Agreement shall create a continuing security interest in the Security Agreement Collateral and shall (a) remain in full force and effect until the Discharge of Secured Obligations, (b) be binding on the Pledgors, their respective successors and assigns, and (b) inure, together with the rights and remedies of the Lender hereunder, to the benefit of Collateral Agent and the other Secured Parties and each of their respective permitted successors, transferees and assigns. No other Persons (including any other creditor of any Pledgor) shall have any interest herein or any right or benefit with respect hereto. Without limiting the generality of the foregoing clause (b), any Secured Party may assign or otherwise transfer any Secured Obligation held by it to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Secured Party, herein or otherwise, subject however, to the provisions of the other Loan Documents and any Secured Hedge Agreement or Secured Cash Management Agreement to which such Secured Party is a party; provided , that in the case of any such assignment or transfer of Secured Obligation in connection with any Secured Hedge Agreement or Secured Cash Management Agreement to a Person other than a Hedge Bank or a Cash Management Bank, as the case may be, such obligation shall cease to be a Secured Obligation and such other Person shall not become vested with the benefits in respect thereof granted to the transferring Secured Party.
(b) This Agreement shall continue to be effective or be automatically reinstated, as the case may be, if at any time payment, in whole or in part, of any of the Secured Obligations is rescinded or must otherwise be restored or returned by the Collateral Agent or any Secured Party as a preference, fraudulent conveyance or otherwise under any Debtor Relief Law, all as though such payment had not been
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made; provided that in the event payment of all or any part of the Secured Obligations is rescinded or must be restored or returned, all reasonable costs and expenses (including without limitation any reasonable legal fees and disbursements) incurred by the Collateral Agent or any Secured Party in defending and enforcing such reinstatement shall be deemed to be included as a part of the Secured Obligations.
SECTION 7.06. Termination; Release . Upon Discharge of Secured Obligations, or upon any partial release of Security Agreement Collateral in accordance with the other Loan Documents, the security interests granted hereby shall terminate hereunder and of record, and all rights to the Security Agreement Collateral shall revert to the Pledgors, it being understood that in the case any such partial release, the security interests granted hereby shall terminate hereunder and of record only with respect to such Security Agreement Collateral subject to such partial release. Upon any such termination, Collateral Agent shall, at the Pledgors expense, execute and deliver to the Pledgors such documents, and take such other actions, as the Pledgors reasonably request to evidence such termination.
Notwithstanding anything to the contrary contained herein, in connection with Section 9.10 of the Credit Agreement, Collateral Agent and the other Secured Parties agree to cooperate with each Pledgor with respect to any sale of Security Agreement Collateral permitted by Section 7.05 of the Credit Agreement and under the other Loan Documents and promptly take such action and execute and deliver such instruments and documents necessary to release the Liens and security interests created hereby relating to any of the assets or property affected by any sale of Security Agreement Collateral permitted by Section 7.05 of the Credit Agreement and under the other Loan Documents (including, without limitation, any necessary Uniform Commercial Code amendment, termination or partial termination statement).
SECTION 7.07. Modification in Writing . No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Credit Agreement and unless in writing and signed by Collateral Agent. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement or any other document evidencing the Secured Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.
SECTION 7.08. Notices . Unless otherwise provided herein or in the Credit Agreement, any notice or other communication herein required or permitted to be given shall be given in the manner and become effective as set forth in the Credit Agreement, if to any Pledgor, addressed to it at the address of the Company set forth in the Credit Agreement, and if to Collateral Agent, addressed to it at the address set forth in the Credit Agreement, or in each case at such other address as shall be designated by such party in a written notice to the other party complying as to delivery with the terms of this Section 7.08 .
SECTION 7.09. Governing Law; Jurisdiction; Consent to Service of Process . (a) THIS AGREEMENT AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAW OF THE STATE OF NEW YORK (INCLUDING SECTIONS 5-1401 AND 5-1402 OF THE GENERAL OBLIGATIONS LAW OF THE STATE OF NEW YORK), EXCEPT TO THE EXTENT, IN ACCORDANCE WITH CHOICE-OF-LAW PRINCIPLES, THAT THE PERFECTION OF THE SECURITY INTERESTS GRANTED HEREUNDER, OR REMEDIES HEREUNDER IN RESPECT OF ANY ITEM OR TYPE OF SECURITY AGREEMENT COLLATERAL ARE GOVERNED BY THE LAWS OF A JURISDICTION OTHER THAN THE STATE OF NEW YORK.
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(b) Each Pledgor hereby irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against the Collateral Agent or any Secured Party, or any related party of the foregoing in any way relating to this Agreement or the transactions relating hereto in any forum other than the courts the Supreme Court of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and each of the parties hereto hereby irrevocably and unconditionally submits to the jurisdiction of such courts and agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York State or, to the extent permitted by law, in such federal court. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement or any other Loan Document shall affect any right that Collateral Agent or any other Secured Party may otherwise have to bring any action or proceeding relating to this Agreement or any other Loan Document against any Pledgor or its properties in the courts of any jurisdiction.
(c) Each Pledgor hereby irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement in any court referred to in Section 7.09(b) . Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.
(d) Each party to this Agreement irrevocably consents to service of process in the manner provided for notices in Section 7.08 . Nothing in this Agreement will affect the right of any party to this Agreement to serve process in any other manner permitted by law.
SECTION 7.10. WAIVER OF JURY TRIAL . EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 7.10.
SECTION 7.11. Severability of Provisions . Any provision hereof that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
SECTION 7.12. Execution in Counterparts . This Agreement and any amendments, waivers, consents or supplements hereto may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original, but all such counterparts together shall constitute one and the same agreement.
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SECTION 7.13. Business Days . In the event any time period or any date provided in this Agreement ends or falls on a day other than a Business Day, then such time period shall be deemed to end and such date shall be deemed to fall on the next succeeding Business Day, and performance herein may be made on such Business Day, with the same force and effect as if made on such other day.
SECTION 7.14. No Credit for Payment of Taxes or Imposition . Each Pledgor shall not be entitled to any credit against the principal, premium (if any), or interest payable under the Credit Agreement, and such Pledgor shall not be entitled to any credit against any other sums that may become payable under the terms thereof or hereof, by reason of the payment of any Tax on the Security Agreement Collateral or any part thereof.
SECTION 7.15. No Claims Against Collateral Agent . Nothing contained in this Agreement shall constitute any consent or request by Collateral Agent, express or implied, for the performance of any labor or services or the furnishing of any materials or other property in respect of the Security Agreement Collateral or any part thereof, nor as giving any Pledgor any right, power or authority to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Collateral Agent in respect thereof or any claim that any Lien based on the performance of such labor or services or the furnishing of any such materials or other property is prior to the Lien hereof.
SECTION 7.16. No Release Under Agreements; No Liability of Collateral Agent or Secured Parties . Nothing set forth in this Agreement shall relieve the Pledgor from the performance of any term, covenant, condition or agreement on the Pledgors part to be performed or observed under or in respect of any of the Security Agreement Collateral, or from any liability to any Person under or in respect of any of the Security Agreement Collateral, or shall impose any obligation on Collateral Agent or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Pledgors part to be so performed or observed, or shall impose any liability on Collateral Agent or any other Secured Party for any act or omission on the part of the Pledgor relating thereto or for any breach of any Secured Hedge Agreement or Secured Cash Management Agreement, any representation or warranty on the part of the Pledgor contained in this Agreement, the Credit Agreement, the Guaranties or the other Loan Documents, or under or in respect of the Security Agreement Collateral or made in connection herewith or therewith. The obligations of the Pledgor contained in this Section 7.16 shall survive the termination hereof and the discharge of the Pledgors other obligations under this Agreement, the Credit Agreement, any Guaranty, any Secured Hedge Agreement, any Secured Cash Management Agreement and the other Loan Documents.
SECTION 7.17. Obligations Absolute . Subject to Section 9.10 of the Credit Agreement, all obligations of each Pledgor hereunder shall be absolute and unconditional irrespective of:
(a) any bankruptcy, insolvency, reorganization, arrangement, readjustment, composition, liquidation or the like of any Pledgor or any other Loan Party;
(b) any lack of validity or enforceability of the Credit Agreement, any Guaranty, any Secured Hedge Agreement, any Secured Cash Management Agreement or any other Loan Document, or any other agreement or instrument relating thereto;
(c) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any Guaranty any other Loan Document, any Secured Hedge Agreement, any Secured Cash Management Agreement or any other agreement or instrument relating thereto;
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(d) any pledge, exchange, release or nonperfection of any other Collateral, or any release or amendment or waiver of or consent to any departure from any Guaranty, for all or any of the Secured Obligations, except to the extent that any such amendment, waiver or consent expressly relieves such Pledgor of any obligations;
(e) any exercise, nonexercise or waiver of any right, remedy, power or privilege under or in respect hereof, the Credit Agreement, any Guaranty, any Secured Hedge Agreement, any Secured Cash Management Agreement or any other Loan Document except as specifically set forth in a waiver granted pursuant to the provisions of Section 5.03 ; or
(f) any other circumstances that might otherwise constitute a defense available to, or a discharge of, any Pledgor.
SECTION 7.18. Marshaling; Payments Set Aside . Collateral Agent shall not be under any obligation to marshal any assets in favor of any Pledgor or any other Person or against or in payment of any or all of the Secured Obligations.
SECTION 7.19. Release of Pledgors . If any Pledgor is released from its Guaranty in accordance with the provisions of the Credit Agreement and of such Guaranty, then Collateral Agent shall (at the expense of the Borrowers) take all action necessary to release its security interest in that portion of the Security Agreement Collateral owned by such Pledgor, and shall release such Pledgor from its obligations hereunder (other than obligations intended to survive the termination hereof), in each case subject to and in accordance with Section 9.10 of the Credit Agreement.
SECTION 7.20. Consent of Issuers of Pledged Equity Interests . Any Pledgor that is an Issuer hereby acknowledges, consents and agrees to the grant of the security interests in such Pledged Equity Interests by the applicable Pledgors pursuant to this Agreement, together with all rights accompanying such security interest as provided by this Agreement and applicable Law, notwithstanding any anti-assignment provisions in any operating agreement, limited partnership agreement or similar organizational or governance documents of such Issuer.
SECTION 7.21. Secured Parties . Each Secured Party that is not a party to the Credit Agreement who obtains the benefit of this Agreement shall be deemed to have acknowledged and accepted the appointment of the Collateral Agent pursuant to the terms of the Credit Agreement, and with respect to the actions and omissions of the Collateral Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Collateral Agent and each of its Affiliates shall be entitled to all of the rights, benefits and immunities conferred under Article IX of the Credit Agreement.
SECTION 7.22. Amendment and Restatement . This Agreement amends and restates the Existing Security Agreement in its entirety, and nothing in this Agreement shall be deemed to constitute a novation of the Existing Security Agreement, the Secured Obligations (as defined therein) or any other obligations owing to the Secured Parties under the Existing Security Agreement or the other agreements and documents executed in connection therewith. This Agreement does not evidence a termination or release of the security interests granted under the Existing Security Agreement in the Security Agreement Collateral (as defined in the Existing Security Agreement). All such security interests are hereby confirmed and ratified and shall be continuing in all respects as amended and restated pursuant to this Agreement and in addition to the security interest granted herein in the Security Agreement Collateral (as defined herein). All references in any other Loan Document to the Existing Security Agreement shall, or on after the date hereof, be deemed to be references to this Agreement.
[Signature Pages Follow]
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IN WITNESS WHEREOF, the Pledgors and Collateral Agent have caused this Agreement to be duly executed and delivered by their duly authorized officers as of the date first above written.
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HERBALIFE INTERNATIONAL, INC., a Nevada corporation, as a Pledgor |
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| HERBALIFE INTERNATIONAL OF AMERICA, INC., a Nevada corporation, as a Pledgor | ||
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| HERBALIFE INTERNATIONAL OF EUROPE, INC., a California corporation, as a Pledgor | ||
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HERBALIFE TAIWAN, INC., a California corporation, as a Pledgor |
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| HERBALIFE INTERNATIONAL DO BRASIL, LTDA., a corporation dually organized in Brazil and Delaware, as a Pledgor | ||
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| HERBALIFE KOREA CO., LTD., a corporation dually organized in Korea and Delaware, as a Pledgor | ||
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| HERBALIFE VENEZUELA HOLDINGS, LLC, a Delaware corporation, as a Pledgor | ||
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| HERBALIFE MANUFACTURING LLC, a Delaware limited liability company, as a Pledgor | ||
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| BANK OF AMERICA, N.A., as Collateral Agent | ||
| By: |
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| Name: | ||
| Title: | ||
| BANK OF AMERICA, N.A., as Administrative Agent | ||
| By: |
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| Name: | ||
| Title: | ||
37
SCHEDULE 3.04(b)
COMMERCIAL TORT CLAIMS
None.
38
EXHIBIT A
[FORM OF]
NOTICE
OF
GRANT OF SECURITY INTEREST
IN
COPYRIGHTS
United States Copyright Office
Ladies and Gentlemen:
Please be advised that pursuant to the Amended and Restated Security Agreement dated as of May 4, 2015 (as amended, restated, supplemented or otherwise modified from time to time, the Agreement ), by and among the Pledgors party thereto (each a Pledgor and collectively, the Pledgors ) and Bank of America, N.A., as administrative agent (in such capacity and together with any successors in such capacity, the Administrative Agent ) and as pledgee, collateral agent and secured party (in such capacities and together with any successors in such capacities, the Collateral Agent ) for the Secured Parties referenced therein, the undersigned Pledgor has granted a continuing security interest in and continuing lien upon the copyrights and copyright applications shown on Schedule 1 attached hereto to the Collateral Agent for the ratable benefit of the Secured Parties.
The undersigned Pledgor and the Collateral Agent, on behalf of the Secured Parties, hereby acknowledge and agree that the security interest in the foregoing copyrights and copyright applications (a) may only be terminated in accordance with the terms of the Agreement and (b) is not to be construed as an assignment of any copyright or copyright application.
| Very truly yours, | ||
| [PLEDGOR] | ||
| By: |
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| Name: |
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| Title: |
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|
| Acknowledged and Accepted: | ||
| BANK OF AMERICA, N.A., as Administrative Agent and Collateral Agent | ||
| By: |
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| Name: |
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| Title: |
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39
EXHIBIT B
[FORM OF]
NOTICE
OF
GRANT OF SECURITY INTEREST
IN
PATENTS
United States Patent and Trademark Office
Ladies and Gentlemen:
Please be advised that pursuant to the Amended and Restated Security Agreement dated as of May 4, 2015 (as amended, restated, supplemented or otherwise modified from time to time, the Agreement ), by and among the Pledgors party thereto (each a Pledgor and collectively, the Pledgors ) and Bank of America, N.A., as administrative agent (in such capacity and together with any successors in such capacity, the Administrative Agent ) and as pledgee, collateral agent and secured party (in such capacities and together with any successors in such capacities, the Collateral Agent ) for the Secured Parties referenced therein, the undersigned Pledgor has granted a continuing security interest in and continuing lien upon the patents and patent applications shown on Schedule 1 attached hereto to the Collateral Agent for the ratable benefit of the Secured Parties.
The undersigned Pledgor and the Collateral Agent, on behalf of the Secured Parties, hereby acknowledge and agree that the security interest in the foregoing patents and patent applications (a) may only be terminated in accordance with the terms of the Agreement and (b) is not to be construed as an assignment of any patent or patent application.
| Very truly yours, | ||
| [PLEDGOR] | ||
| By: |
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| Name: |
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| Title: |
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| Acknowledged and Accepted: | ||
| BANK OF AMERICA, N.A., as Administrative Agent and Collateral Agent | ||
| By: |
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| Name: |
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| Title: |
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40
EXHIBIT C
[FORM OF]
NOTICE
OF
GRANT OF SECURITY INTEREST
IN
TRADEMARKS
United States Patent and Trademark Office
Ladies and Gentlemen:
Please be advised that pursuant to the Amended and Restated Security Agreement dated as of May 4, 2015 (as amended, restated, supplemented or otherwise modified from time to time, the Agreement ), and among the Pledgors party thereto (each a Pledgor and collectively, the Pledgors ) and Bank of America, N.A., as administrative agent (in such capacity and together with any successors in such capacity, the Administrative Agent ) and as pledgee, collateral agent and secured party (in such capacities and together with any successors in such capacities, the Collateral Agent ) for the Secured Parties referenced therein, the undersigned Pledgor has granted a continuing security interest in and continuing lien upon the trademarks and trademark applications shown on Schedule 1 attached hereto to the Collateral Agent for the ratable benefit of the Secured Parties.
The undersigned Pledgor and the Collateral Agent, on behalf of the Secured Parties, hereby acknowledge and agree that the security interest in the foregoing trademarks and trademark applications (a) may only be terminated in accordance with the terms of the Agreement and (b) is not to be construed as an assignment of any trademark or trademark application.
| Very truly yours, | ||
| [PLEDGOR] | ||
| By: |
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| Name: |
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| Title: |
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|
| Acknowledged and Accepted: | ||
| BANK OF AMERICA, N.A., as Administrative Agent and Collateral Agent | ||
| By: |
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| Name: |
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| Title: |
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41
Exhibit 31.1
Section 302 Certification
I, Michael O. Johnson, certify that:
1. I have reviewed this Quarterly Report on Form 10-Q of Herbalife Ltd.;
2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
4. The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a -15(f) and 15d-15(f)) for the registrant and have:
(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
(b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;
(c) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
(d) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and
5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):
(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and
(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.
| By: |
/s/ MICHAEL O. JOHNSON |
|
|
Michael O. Johnson Chief Executive Officer |
Dated: May 5, 2015
Exhibit 31.2
Section 302 Certification
I, John G. DeSimone, certify that:
1. I have reviewed this Quarterly Report on Form 10-Q of Herbalife Ltd.;
2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
4. The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a -15(f) and 15d-15(f)) for the registrant and have:
(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
(b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;
(c) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
(d) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and
5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):
(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and
(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.
| By: |
/s/ JOHN G. DESIMONE |
|
|
John G. DeSimone Chief Financial Officer |
Dated: May 5, 2015
Exhibit 32.1
CERTIFICATION
Pursuant to 18 U.S.C. Section 1350
Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
In connection with the Quarterly Report of Herbalife Ltd., or the Company, on Form 10-Q for the fiscal quarter ended March 31, 2015 as filed with the U.S. Securities and Exchange Commission on the date hereof, or the Report, and pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned officers of the Company certifies that:
| | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and |
| | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
| By: |
/s/ MICHAEL O. JOHNSON |
|
|
Michael O. Johnson Chief Executive Officer |
Dated: May 5, 2015
| By: |
/s/ JOHN G. DESIMONE |
|
|
John G. DeSimone Chief Financial Officer |
Dated: May 5, 2015
A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.