Additional Inventory. For a period of three (3) years after the Closing Date, any Nortel Product that is returned for free by a Third Party (including customers) to any of the Designated Sellers shall be immediately transferred at no cost (other than costs for any shipping, storage or handling) to the relevant Designated Purchasers, including Nortel Products installed in the O2 network. Notwithstanding the preceding sentence and except for Nortel Products installed in the O2 network, in the event the Purchase Price has been reduced under Section 2.2.3 (iv) and/or the Seller has paid an amount in accordance with Section 2.2.5 (i) in connection with a shortfall in Inventory, the relevant Designated Purchaser shall pay to the relevant Designated Seller a price to be agreed between the Parties up to the net sum borne by the Seller under Sections 2.2.3 (iv) and/or 2.2.5 (i) (as such sum may be reduced by any previous payment which may have been made in accordance with this provision). This Section 5.12 shall not apply where a Product is returned to the Designated Party by a customer in connection with warranty obligations owed to such customer.
Additional Inventory.
(a) DLR grants to the Sponsor, or shall procure that TfL shall grant to the Sponsor, the first right to negotiate with DLR and TfL to acquire the any items of branding inventory and/or sponsorship and/or advertising opportunities which relate to the London Cable Car and which are controlled by DLR and/or any member of the TfL Group and which become available during the Term (the "Additional Inventory" in accordance with the provisions of this clause 4.2.
(b) DLR shall provide the Sponsor with full details of any Additional Inventory prior to the same being notified to any other sponsors or potential sponsors of the Additional Inventory. Upon receipt of any such notice, the parties shall and DLR shall procure that TfL shall exclusively negotiate the terms relating to the grant of any Additional Inventory in good faith for a minimum of thirty (30) days.
(c) If the parties cannot agree the terms on which the Sponsor shall acquire any Additional Inventory within the applicable deadlines set out in clause 4.2(b), DLR shall, and/or TfL shall, as applicable, be entitled to enter into negotiations with any other potential sponsor in relation to such rights and neither party shall be under any obligation to the other in respect of such rights.
Additional Inventory. CEOC and CIE shall cooperate to attempt to find mutual advertising inventory for each other to promote each other’s products and services (e.g., promotion space on TV at the World Series of Poker for unsold inventory and CEOC promoting to UK guests and on CEOC UK URLs).
Additional Inventory. Any additional Inventory beyond the Closing Inventory shall be purchased by Buyer from Seller at Seller's cost.
Additional Inventory. The parties agree that HOVIONE is not required to manufacture and hold in inventory an additional quantity of CAPTISOL equal to [***]% of the quantities specified by CYDEX in each of its purchase orders. Accordingly, Section 3.7 of the AGREEMENT is hereby deleted in its entirety.
Additional Inventory. 4.1 Seller represents and warrants that it is the owner of all right, title, and interest in and to the Additional Inventory described in Exhibit 3 hereto, except as explicitly set forth in subparagraph 4.
1. Seller previously pledged the Additional Inventory as collateral under a Revolving Credit Agreement with Mid-Peninsula Bank ("Bank"). Seller represents and warrants that simultaneous with the signing of this Agreement, Seller will pay any and all amounts due and outstanding under such Revolving Credit Agreement and will take all necessary steps to ensure that the Bank has released all claims in or to the Additional Inventory prior to the signing of this Agreement. On the Closing Date, Seller will deposit the Bank's Uniform Commercial Code releases with Seller's attorney provided that Buyer has wire transferred immediately available U.S. funds in the amount of not less than $1,280,000 to Seller's attorney's trust account.
4.2 Seller will bear the risk of loss, damage or destruction of the Additional Inventory prior to the execution of this Agreement. Buyer will bear the risk of loss upon execution of this Agreement.
4.3 Seller shall hold a lien on the Additional Inventory and the products or proceeds thereof in the amount not to exceed the balance of the Purchase Price owed by Buyer to Seller, until the Purchase Price is fully paid. Seller shall not file any financing statement under the Uniform Commercial Code based on said lien.
4.4 Seller will not charge Buyer for any pheromone components contained in the Additional Inventory.
Additional Inventory. Prior to December 16, 1995, if available, Purchaser shall have the right to purchase the inventory listed on Exhibit 6.1.d at the prices indicated. If prior to December 16, 1995, a third party expresses an interest in purchasing all or part of such inventory on a bona fide, arms length basis, Purchaser shall have a right of first refusal to purchase such inventory.
Additional Inventory. (a) Within 21 days after the Sale of the -------------------- Commencement Date, the Agent shall deliver to the Merchant a statement setting out any Merchandise ordered by the Merchant prior to the Sale Commencement Date and received by Agent within 14 days after the Sale Commencement Date and not included in the Inventory Taking (the "First Phase Additional Inventory"). With -------------------------------- such statement, Agent shall include a check in an amount equal to 75% of the Cost Value for all First Phase Additional Inventory.
(b) Within 40 days after the Sale Commencement Date, Agent shall deliver to Merchant a statement setting out any Merchandise ordered by Merchant prior to the Sale Commencement Date and received by Agent during the period commencing 15 days after the Sale Commencement Date and ending 30 days after the Sale Commencement Date and not included in the Inventory Taking (the "Second ------ Phase Additional Inventory"). With such statement, Agent shall include a check -------------------------- in an amount equal to 75% of the Cost Value for all Second Phase Additional Inventory times the complement of the then prevailing Sale discount. The First Phase Additional Inventory and the Second Phase Additional Inventory are collectively referred to herein as the "Additional Inventory"). -------------------- 5.
Additional Inventory. (a) Within 21 days after the Closing Date, the -------------------- Purchaser shall deliver to the Company a statement setting out any Merchandise ordered by the Debtors prior to the Closing Date and received by Purchaser within 14 days after the Closing Date and not included in the Inventory Taking (the "First Phase Additional Inventory"). With such statement, Purchaser shall -------------------------------- include a check in an amount equal to 81.6% of the Cost Value for all First Phase Additional Inventory.
(b) Within 40 days after the Closing Date, Purchaser shall deliver to the Company a statement setting out any Merchandise ordered by the Debtors prior to the Closing Date and received by Purchaser during the period commencing 15 days after the Closing Date and ending 30 days after the Closing Date and not included in the Inventory Taking (the "Second Phase Additional Inventory"). --------------------------------- With such statement, Purchaser shall include a check in an amount equal to 81.6% of the Cost Value for all Second Phase Additional Inventory times the complement of the then prevailing Store Closing sale discount.
Additional Inventory. On August 29, 2008, or such other date as may be mutually agreed to by the parties (the “Second Closing Date”), Purchaser shall purchase and Seller shall sell additional inventory as follows:
1.3.1. Purchaser shall purchase the following inventory (the “Additional Inventory”):
(a) All inventory of the type listed as “buckets” 1 through 3 and 11 through 13 (“WMS Inventory Categories”) in Exhibit 1.1.1.
(b) All inventory of the type listed in “buckets” 4 through 10 (“Other Inventory Categories”) in Exhibit 1.1.1 that is mutually agreed to by the parties and authorized as returnable by the supplier.
1.3.2. The purchase price for the Additional Inventory (the “Additional Inventory Purchase Price”) shall be equal to the aggregate supplier invoice cost of the Additional Inventory less, for each unit of the type listed in the Other Inventory Categories, (i) $0.31/unit and (ii) any supplier return handling fee. Purchaser shall deliver to Seller an itemized listing of the Additional Inventory received at Xxxxxxxx warehouse with supplier invoice costs as a condition of payment of the Additional Inventory Purchase Price. Upon request, Seller shall provide such supporting information as may reasonably be required to document such invoice costs.
