To the best of Seller Parties’ Knowledge,   Seller owns all right, title and interest in and to all trade names used in the Business, Seller’s logo, all assumed business names, trade names, trademarks, service marks and applications pertaining to the Business, free and clear of liens and has the right to use all such assets without payment to a third party. Section 5.18 of the Disclosure Schedules contains a complete and accurate list of all assigned intellectual property that is issued or registered or subject to application for issuance of registration. Seller owns or is licensed to use, free and clear of all liens, all rights in Seller’s interest in the intellectual property rights that are necessary for the operation of the Business. Any licenses not comprising off-the-shelf and commercially available software are identified on Section 5.18 of the Disclosure Schedules. No action is pending or has been threatened by Seller with respect to any intellectual property rights in connection with the operation of the Business, except for a claim against Cindy Mitchell et al. for transferring certain confidential information to Roger Gilmore. Roger Gilmore and Mindy Chezem are employees of Black River Commodities, LLC which is a competitor of the Business. To the best of Seller Parties’ Knowledge, the operation and conduct of the Business by Seller does not infringe, misappropriate, or dilute, and has not infringed, misappropriated, or diluted any intellectual property rights of any third party.