Agreements Regarding Inventory. Borrower shall notify Bank promptly of all material returns and recoveries of Inventory. Without obtaining Bank’s prior consent and in compliance with the applicable terms of the Security Agreement, Borrower will not (i) accept any returns of Inventory outside the ordinary course of Borrower’s business, (ii) enter into any agreement, practice, arrangement, or transaction under which title to, or ownership of, any Inventory which is being sold by Borrower is, or purports to be, transferred to, or held by, a Person other than Borrower before such Inventory is delivered to such Person by Borrower, (iii) make a sale of Inventory to any customer on a bxxx-and-hold, guaranteed sale, sale and return, sale on approval, consignment or any other repurchase or return basis, or (iv) store any Inventory with, or place any Inventory in the possession or control of, any bailee, processor, warehouseman, consignee or any other Person, not a party to a bailee, warehouseman or similar agreement with Bank, under any arrangement, practice or agreement (oral or written).
Appears in 2 contracts
Samples: Financing Agreement (EQM Technologies & Energy, Inc.), Financing Agreement (EQM Technologies & Energy, Inc.)
Agreements Regarding Inventory. Borrower Borrowers shall notify Bank promptly of all material returns and recoveries of Inventory. Without obtaining Bank’s prior consent, which consent shall not be unreasonably withheld, and in compliance with the applicable terms of the Security Agreement, Borrower Borrowers will not (i) accept any returns of Inventory outside the ordinary course of the applicable Borrower’s business, (ii) enter into any agreement, practice, arrangement, or transaction under which title to, or ownership of, any Inventory which is being sold by any Borrower is, or purports to be, transferred to, or held by, a Person other than Borrower Borrowers before such Inventory is delivered to such Person by BorrowerBorrowers, (iii) make a sale of Inventory to any customer on a bxxx-and-hold, guaranteed sale, sale and return, sale on approval, consignment or any other repurchase or return basis, or (iv) store any Inventory with, or place any Inventory in the possession or control of, any bailee, processor, warehouseman, consignee or any other Person, not a party to a bailee, warehouseman or similar agreement with Bank, under any arrangement, practice or agreement (oral or written).
Appears in 1 contract
Agreements Regarding Inventory. Each Borrower shall notify Bank Agent promptly of all material returns and recoveries of Inventory. Without obtaining Bank’s Agent's prior consent and in compliance with the applicable terms of the Security Agreement, no Borrower will not (i) accept any returns of Inventory outside the ordinary course of Borrower’s business, (ii) enter into any agreement, practice, arrangement, or transaction under which title to, or ownership of, any Inventory which is being sold by a Borrower is, or purports to be, transferred to, or held by, a Person other than the applicable Borrower before such Inventory is delivered to such Person by the Borrower, (iii) make a sale of Inventory to any customer on a bxxxxxxx-and-hold, guaranteed sale, sale and or return, sale on approval, consignment or any other repurchase or return basis, or (iv) store any Inventory with, or place any Inventory in the possession or control of, any bailee, processor, warehouseman, consignee or any other Person, Person not a party to a bailee, warehouseman bailee or warehouseman's or similar agreement with Bank, Agent under any arrangement, practice or agreement (oral or written).
Appears in 1 contract
Agreements Regarding Inventory. Borrower Except as shown in Exhibit 7.2, Borrowers shall notify Bank promptly of all material returns and recoveries of Inventory. Without obtaining Bank’s 's prior consent and in compliance with the applicable terms of the Security Agreement, Borrower Borrowers will not (i) accept any returns of Inventory outside the ordinary course of Borrower’s business, except as shown in Exhibit 7.2, (ii) enter into any agreement, practice, arrangement, arrangement or transaction under which title to, or ownership of, any Inventory which is being sold by a Borrower is, or purports to be, transferred to, or held by, a Person other than a Borrower before such Inventory is delivered to such Person by a Borrower, (iii) make a sale of Inventory to any customer on a bxxxbill-andxxx-hold, guaranteed sale, sale and return, sale on approval, consignment or any other repurchase or return basis, or (iv) store any Inventory with, or place any Inventory in the possession or control of, any bailee, processor, warehouseman, consignee or any other Person, Person not a party to a bailee, warehouseman bailee or warehousemen's or similar agreement with Bank, Bank under any arrangement, practice or agreement (oral or written).
Appears in 1 contract