Backlog Orders Sample Clauses

Backlog Orders. All Seller's backlog of orders for products or services sold by Seller in the ordinary course of the Business, which are (i) accepted by Seller in the ordinary course of the Business prior to the Closing or (ii) listed in Schedule 1.1(p) and, in each case, not invoiced or shipped prior to the Closing.
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Backlog Orders. All of Corporation to be Sold's backlog of orders for --------------- products manufactured or sold by Corporation to be Sold in the ordinary course of business prior to the Effective Time of Closing and, in each case, not invoiced or shipped or cancelled prior to the Effective Time of Closing (collectively, the "Backlog Orders").
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Backlog Orders. All of Seller's backlog of orders for Products manufactured, fabricated or sold by Seller in the Business, which are listed in Schedule 2.1(e) hereto (collectively, the "Backlog Orders"). Copies of all Backlog Orders are included in the Scheduled Contracts delivered to Purchaser pursuant to Section 2.1(d) hereof.
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Backlog Orders. 1.4.1 In addition to the Assets being transferred to CM under Section 1.1, the parties agree that on the Effective Date Carsen will assign to CM, and CM will assume from Carsen, all unfilled (not shipped and not billed) sales orders of Carsen with respect to the Product Lines as of July 31, 2006 (the “Backlog Orders”). At the Closing, the parties will mutually prepare a schedule listing any and all Backlog Orders.
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Backlog Orders. 4.30 Business ...................
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Backlog Orders. 2.6.1 The Assets being transferred to Olympus under Section 2.1 include all unfilled purchase orders with respect to the Acquired Businesses from Carsen’s customers as of July 31, 2006 (the “Backlog Orders”). As a point of reference and for informational purposes only, by no later than July 15, 2006, Carsen shall deliver to Olympus a schedule listing in reasonable detail an estimate of all unfilled purchase orders with respect to the Acquired Businesses as of June 30, 2006. At the Closing, Carsen shall deliver to Olympus a schedule listing in reasonable detail an estimate of all Backlog Orders (the “Preliminary Backlog Schedule”). Within fifteen (15) days following the Closing, Carsen shall deliver to Olympus a true, correct and complete final schedule of Backlog Orders (the “Final Backlog Schedule”).
Sample 1
Backlog Orders. At the Closing, Carsen shall transfer and assign to Olympus, and Olympus shall assume and acquire from Carsen, all unfilled purchase orders from Carsen’s customers as of July 31, 2006 (the “Backlog Orders”). In consideration for such assignment, Olympus shall pay to Carsen a commission equal to (i) Carsen’s annual operating income percentage (as measured during the twelve month period ending July 31, 2005) of the purchase price payable by such customers under the Backlog Orders, plus (ii) the applicable sales commission owed to Carsen’s sales personnel with respect to the Backlog Orders, based on Carsen’s commission formula in effect as of July 31, 2006 (which shall not exceed Carsen’s commission formula in effect on August 1, 2005 or the commission formula of Olympus offered to Covered Employees if adopted by Carsen in accordance with Section 1.2.7). Such commission with respect to each assigned Backlog Order will be payable by Olympus to Carsen within fifteen (15) days following Olympus’s receipt of payment under the particular Backlog Order. Olympus shall assume and be solely responsible for order fulfillment, installation and in-service requirements with respect to the Backlog Orders. Olympus shall deliver to Carsen monthly status reports of Backlog Orders identifying the purchase order, ship date (anticipated or actual), and payment date (actual).
Sample 1
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Backlog Orders. All Seller's backlog of orders for products manufactured or sold by Seller in the ordinary course of the Business, which are (i) accepted by
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Backlog Orders. All of Xxxxxx'x backlog of orders for services or products (the "Backlog Orders").
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Related to Backlog Orders

  • Bunching Orders Client agrees that Subadviser may aggregate sales or purchase orders for the Account with similar orders being made simultaneously for other accounts managed by Subadviser, if in Subadviser's reasonable judgment such aggregation shall result in an overall economic benefit or more efficient execution to the Account taking into consideration the advantageous selling or purchase price, brokerage commission and other expenses. Client acknowledges that the determination of such economic benefit to the Account by Subadviser represents Subadviser's evaluation that the Account is benefited by relatively better purchase or sales prices, lower commission expenses and beneficial timing of transactions or a combination of these and other factors. In such event, allocation of the securities so purchased or sold, as well as expenses incurred in the transaction, will be made by Subadviser in a manner Subadviser considers to be most equitable and consistent with its fiduciary obligations to the Fund and to its other clients.

  • Backlog Set forth on Schedule 2.13 is the backlog of orders that the Company is to ship or contract work to be performed as of the date hereof (the "Backlog"). The Company either possesses sufficient inventory of parts, materials and personnel to produce the same within their scheduled delivery dates or such parts or materials have lead times such that the Company can acquire such parts and materials in time to produce and ship or perform such backlog in accordance with the scheduled performance dates.

  • Product Orders All Product orders shall be submitted by the Operators to DISTRIBUTOR and shall specify the location of the Operator’s Stores, the type of Product, and the quantity desired. Operators may place orders electronically (“Electronic Orders”) or by telephoning or faxing DISTRIBUTOR’s customer service center in accordance with the guidelines detailed below. All shipment expenses from DISTRIBUTOR’s distribution center to the Operator’s location shall be at DISTRIBUTOR’s expense unless otherwise noted elsewhere in this Agreement. Product order guides will be provided by DISTRIBUTOR to the Operators monthly via DISTRIBUTOR’s website and with a hard copy delivered to each Store, with availability of such order guides to be made prior to the beginning of the month, but only after review and approval of the order guide by COMPANY. The order guides will be organized by Product categories and will include, among other things, the Product Sell Price (as defined herein), Product units and new Products. DISTRIBUTOR will assign one product code number to each stock-keeping unit (“SKU”) of each Product, which will be common throughout its entire distribution system and will be used on all documents such as order guides, invoices, monthly reports, etc. SKU’s, and, accordingly, the assigned product code number, must differ for equivalent Products supplied by different suppliers. DISTRIBUTOR will use its best efforts to utilize the existing TCBY product item numbers. Only Products approved for sale to its Operators by the COMPANY will be listed on this order guide. Electronic Orders will be placed via telephone modem or internet using DISTRIBUTOR’s automated order entry system. All orders are subject to the standard order cut-off time of 4:00 p.m. local time, one (1) day prior to their scheduled delivery day for Stores located in the states of Florida and Georgia and 4:00 p.m. local time. In no event will Electronic Orders be required more than two (2) days prior to the scheduled delivery day. Operators will be notified prior to the time of final order cut-off if a product is expected to be out of stock so that an alternative may be ordered, subject to the provisions of Section 3.02. Operators will have until 5:00 p.m. local time, one (1) day before their order shipping day to modify or add-on to their order. Notwithstanding the foregoing, Stores that do not place Electronic Orders and have scheduled delivery days of Monday in Florida and Georgia, must have their orders placed by 4 p.m. local time, on the preceding Friday. DISTRIBUTOR may schedule deliveries any day of the week. Where reasonably possible, DISTRIBUTOR will schedule ordering days and delivery days that are mutually agreed upon by and between DISTRIBUTOR and each Operator and will provide notice to the affected Operator at least fourteen (14) days before routing changes. On an exception basis, DISTRIBUTOR will consider shortening the permissible time frames for scheduled deliveries for those Operators that, given unique and compelling business needs, require the same. Operator will be notified of any Product shortages at the time of order placement or, in the case of an Electronic Order, one (1) day prior to the loading of the delivery truck.

  • Aggregating Orders On occasions when the Manager deems the purchase or sale of a security to be in the best interest of the Fund as well as other advisory clients of the Manager, the Manager, to the extent permitted by applicable laws and regulations, may, but shall be under no obligation to, aggregate the securities to be so sold or purchased in order to obtain the most favorable price or lower brokerage commissions and efficient execution. In such event, allocation of securities so purchased or sold, as well as the expense incurred in the transaction, will be made by the Manager in the manner it considers to be most equitable and consistent with its fiduciary obligations to the Fund and its other clients.

  • Orders All orders Intermediary submits for transactions in Shares shall reflect orders received from its customers or shall be for its account for its own bona fide investment. Intermediary will date and timestamp its customer orders and forward them promptly each day and in any event prior to the time required by the applicable Fund prospectus (the “Prospectus,” which for purposes of this agreement includes the Statement of Additional Information incorporated therein). As agent for its customers, Intermediary shall not withhold placing customers’ orders for any Shares so as to profit Intermediary or its customers as a result of such withholding. Intermediary is hereby authorized to: (i) place its orders directly with the Company for the purchase of Shares and (ii) tender Shares directly to the Company for redemption, in each case subject to the terms and conditions set forth in the Prospectus and any operating procedures and policies established by Distributor or the Fund (directly or through its transfer agent) from time to time. All purchase orders Intermediary submits are subject to acceptance or rejection, and Distributor reserves the right to suspend or limit the sale of Shares. Intermediary is not authorized to make any representations concerning Shares except such representations as are contained in the Prospectus and in such supplemental written information that the Fund or Distributor (acting on behalf of the Fund) may provide to Intermediary with respect to a Fund. All orders that are accepted for the purchase of Shares shall be executed at the next determined public offering price per share (i.e., the net asset value (“NAV”) per share plus the applicable sales load, if any) and all orders for the redemption of Shares shall be executed at the next determined NAV per share and subject to any applicable redemption fee, in each case as described in the Prospectus.

  • Stop Orders The Company will advise the Subscribers, promptly after it receives notice of issuance by the Commission, any state securities commission or any other regulatory authority of any stop order or of any order preventing or suspending any offering of any securities of the Company, or of the suspension of the qualification of the Common Stock of the Company for offering or sale in any jurisdiction, or the initiation of any proceeding for any such purpose.

  • Forecasts and Orders 4.1 Customer shall provide IBM’s customer account representative with a Product demand forecast, which shall cover a minimum of twelve (12) months broken out by Product and month. By the fifth (5th) day of every month during the term of this Attachment, Customer will provide IBM’s customer account representative with an updated Product demand forecast covering a rolling twelve (12) month period (not to extend beyond the term of this Attachment), which will be reviewed for approval by IBM within ten (10) days of receipt by IBM. Forecasts shall constitute good faith estimates of Customer’s anticipated requirements for Products but shall not contractually obligate IBM to supply, nor contractually obligate Customer to purchase, the quantities of Product set forth in such forecasts.

  • Minimum Orders Client may order Manufacturing Services for batches of Products only in multiples of the Minimum Order Quantities as set out in Schedule B to a Product Agreement.

  • No Order Pending There shall not then be in effect any order enjoining or restraining the transactions contemplated by this Agreement.

  • Timeliness of Submitting Orders a. You are obliged to date and indicate the time of receipt of all orders you receive from your customers and to transmit promptly all orders to us in time to provide for processing at the price next determined after receipt by you, in accordance with the Prospectuses. You are not to withhold placing with us orders received from any customers for the purchase of shares. You shall not purchase shares through us except for the purpose of covering purchase orders already received by you, or for your bona fide investment.

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