Certain Inventory. The amount of Common Inventory included in the Assets is reasonably sufficient to operate the RC International Business and the Cott Business, on a combined basis, in each individual case as currently conducted by Seller and in compliance with the applicable Contracts listed on Schedule 1.1(a)(v) and the Cott Agreement, as applicable, without disruption.
Certain Inventory. All raw materials and work-in-progress inventory (collectively, the “Excluded Inventory”), which Excluded Inventory shall be retained by Seller for purposes of its performance under the Product Supply Agreement;
Certain Inventory. A. Fundex is in possession of Wet Pet inventory owned by Futech,, which inventory was to be marketed by Fundex. Futech agrees that Fundex will be entitled to retain such inventory and hereby assigns, transfers and conveys to Fundex free and clear of all liens, claims and encumbrances, all right, title and interest in such inventory. As consideration for the transfer of all the inventory to Fundex, Fundex hereby grants to Futech a credit against future purchases of inventory from Fundex by Futech in the amount of $50,000. Futech may use such credit against any purchases of inventory from Fundex during the twenty four (24) month period beginning on the Effective Date. Any unused credit will expire upon the expiration of such twenty four (24) month period. Futech will only be entitled to utilize such credit to the extent of fifty per. cent (50%) of the purchase price of inventory purchased from Fundex with respect to any order, until the entire credit is utilized. A price list is attached hereto and incorporated herein, Exhibit A.
B. Futech agrees to purchase from Castlespring Enterprises Ltd all inventory and components related to NASCAR Board Games previously marketed by Fundex. Fundex agrees that it will no longer market the NASCAR Board Games.
Certain Inventory. Any and all of Debtor’s goods held as inventory including, without limitation, all inventory acquired with funds loaned or provided by Secured Party for Debtor, whether due to draws under letters of credit issued at the application of Secured Party upon Debtor’s or a letter of credit beneficiary’s request to fund payment for inventory, as well as certain inventory already owned by Debtor acquired with other funds, all as more specifically described on Exhibit A, whether now owned or hereafter acquired, including without limitation, any and all such goods held for sale or lease or being processed for sale or lease in Debtor's business, as now or hereafter conducted, including all materials, goods and work in process, finished goods and other tangible property held for sale or lease or furnished or to be furnished under contracts of service or used or consumed in Debtor's business, along with all documents (including documents of title) covering such inventory. All of the aforesaid inventory acquired with funds loaned, provided or arranged by Secured Party shall hereinafter be collectively referred to as the “IRC Inventory”.
Certain Inventory. Prior to the Closing, the Company shall remove from the Stores all items of rental merchandise (other than rental merchandise that has never been rented before) that have not been rented by the Company at any time during the 180 days immediately preceding the Closing (the "Aged Inventory"). Such assets shall be Excluded Assets. The Company shall provide to the Acquiror a schedule of any such Aged Inventory that has not been so disposed of by the Company by the Closing Date (the "Aged Inventory Schedule").
Certain Inventory. (a) With respect to the Canadian finished good inventory of "GE" branded Accessories Products, and pending purchase orders therefor, purchased by Audiovox Canada Ltd. pursuant to the Asset Transfer Agreement (Canada), Purchaser is hereby appointed as Thomson Canada's and its Affiliates' authorized distributor and reseller with respect to such inventory and Purchaser covenants and agrees that it will, and will cause Audiovox Canada Ltd. to, only resell such inventory in the form packaged and provided by Thomson Canada and/or its Affiliates and will not otherwise engage in any use of any "GE" trademark unless separately licensed. Returns and replacements by customers and distributors of the Business's inventory of "GE" branded Accessories Products located in Canada have been taken into account in determining the level of the Warranty Reserve.
(b) With respect to the U.S. and Canadian finished good inventory of "Gyration" branded Accessories Products, and pending purchase orders therefor, pursuant to any of the Asset Transfer Agreements, Purchaser is hereby appointed as Thomson's and its Affiliates' authorized distributor and reseller with respect to such inventory and Purchaser covenants and agrees that it will, and will cause its Affiliates to, only resell such inventory in the form packaged and provided by Thomson and/or its Affiliates and will not otherwise engage in any use of any "Gyration" trademark unless separately licensed. Returns and replacements by customers and distributors of the Business' inventory of "Gyration" branded Accessories Products located in the U.S. and Canada have been taken into account in determining the level of the Warranty Reserve.
Certain Inventory. If any Inventory of the Debtors shall at any time be in the possession or control of any warehouseman or other bailee, such person shall authenticate a record acknowledging that it holds possession of such Inventory for the benefit of the Administrative Agent as secured party, and agreeing to act on the Administrative Agent's instructions without the further consent of the Debtors. The Debtors agree to promptly deliver to the Administrative Agent all Documents covering any Inventory of the Debtors. If any such Document is not in bearer form it shall be endorsed to the order of the Administrative Agent before it is delivered to the Administrative Agent.
Certain Inventory. Notwithstanding anything in the Loan Agreement to the contrary, inventory of Borrowers consisting of Christmas Gift items which otherwise satisfies all other requirements for Eligible Inventory may be included in the calculation of the Borrowing Base prior to May 1, 2004 (the date on which such inventory would otherwise be eligible for inclusion in accordance with the Loan Agreement); provided, however, the maximum amount of such inventory included in the calculation of the Borrowing Base (prior to the application of the applicable advance rate and prior to May 1, 2004) shall not exceed Two Hundred Eighty-Five Thousand Dollars ($285,000.00).
Certain Inventory. Any items of Inventory that are consumed, sold or disposed of in the ordinary course of business of the Business until the close of business on the Effective Date (collectively, the "Excluded Inventory");
Certain Inventory. Within 30 days after the Closing, Seller, at its expense, shall cause the inventory of the Business located at its Ohio distribution center to be delivered to the Texas and California distribution centers owned or leased by the Transferred Entities as determined by Buyer with notice to Seller within five Business Days after the Closing.
