Dealer Network; Rebates and Refunds Sample Clauses

Dealer Network; Rebates and Refunds. (a) Schedule 2.27 sets forth a true and complete list of Company’s top twenty (20) dealers in terms of Company’s sales, together with the sales made thereto, for each annual period from January 1, 2004, through December 31, 2006, and the accounts receivable for each such dealer as of December 31, 2006. A true and complete copy of all the Company’s standard form of dealer agreement has been delivered to Purchaser and except as set forth on Schedule 2.27, there are no material deviations from the Company’s standard form in the Company’s dealer agreements with its top twenty (20) dealers (by revenue). Except as shown on Schedule 2.27, since January 1, 2006, none of the Company’s top twenty (20) dealers (by revenue), has indicated to Company in writing, or to Seller’s Knowledge otherwise, that it does not intend to continue to carry Company’s products.
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Dealer Network; Rebates and Refunds. (a) The Parent has provided Company and Shareholders with a true and complete list of the Parent's and each Parent Subsidiary's dealers. True and complete copies of all dealer agreements have been delivered or made available to Company and Shareholders. To the knowledge of the Parent, there has been no adverse change in the Parent's relationship with its dealers.
Dealer Network; Rebates and Refunds. (a) The Company has delivered to Parent a true copy of all written agreements (including any amendments or modifications thereto) that it has with any automotive dealers related to the Business.
Dealer Network; Rebates and Refunds. (a) The Company has provided Parent and Acquisition Subsidiary with a true and complete list of the Company's top thirty (30) dealers in terms of the Company's sales, together with the sales made thereto, for the annual periods October 1, 2000 through September 30, 2002 and for the period October 1, 2002 through the date of this Agreement. True and complete copies of all dealer agreements have been delivered to Parent. To the knowledge of the Company, there has been no adverse change in the Company's relationship with any of the top thirty (30) dealers, nor, to the knowledge of the Company, has indicated to the Company that it does not intend to continue to carry the Products, nor has there been any adverse change in the Company's relationship with any such dealers.
Dealer Network; Rebates and Refunds. (a) The Company has provided Parent and Acquisition Subsidiary with a true and complete list of the Company's top thirty (30) dealers in terms of the Company's sales, together with the sales made thereto, for the annual periods January 1, 1998 through December 31, 2000, and for the periods January 1, 2000 through August 31, 2000 and January 1, 2001 through August 31, 2001. True and complete copies of all dealer agreements have been delivered to Parent and Acquisition Subsidiary. To the knowledge of the Company, there has been no adverse change in the Company's relationship with any of the top thirty (30) dealers (as of August 31, 2001), nor, to the knowledge of the Company, has any such dealer indicated to the Company that it does not intend to continue to carry the Company's Products.
Dealer Network; Rebates and Refunds. The Company has delivered to Parent a true copy of all written agreements (including any amendments or modifications thereto) that it has with any automotive dealers related to the Business. The Company has disclosed to Parent (i) all significant refunds, rebates, discounts and return policies or practices that the Company or Company Subsidiary has engaged in with respect to persons supplying goods and services to the Company or any Company Subsidiary and (ii) all annual programs relating to refunds, rebates, discounts and return policies or practices that the Company or Company Subsidiary has engaged in with respect to furnishing the products to others in connection with their business, including the Business. The Financial Statements accurately reflect an accrual of the amount owed, if any, to all dealers.
Dealer Network; Rebates and Refunds. (a) The Company has no dealer agreements.
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Dealer Network; Rebates and Refunds. (a) Section 3.27(a) of the Disclosure Schedule sets forth a true and complete list of the Company’s top ten (10) dealers (the “Top Dealers”) in terms of the Company’s sales, together with the sales made thereto, for the fiscal year ended January 2, 2010 and for the period January 3, 2010 through July 31, 2010. True and complete copies of any written dealer agreements, if any, with the Top Dealers have been delivered to Purchaser or made available on the Datasite. To the knowledge of the Company Parties, there has been no material adverse change in the Company’s relationship with any of the Top Dealers, nor, to the knowledge of the Company Parties has any such Top Dealer indicated to the Company in writing that it does not intend to continue to carry the Products.

Related to Dealer Network; Rebates and Refunds

  • End Users LICENSEE agrees to require all direct recipients of Licensed Products to whom Licensed Products are sold, leased, or otherwise disposed of by LICENSEE or its sublicensees, to look only to LICENSEE and not to LICENSOR or its affiliates for any claims, warranties, or liability relating to such Licensed Products. LICENSEE agrees to take all steps to reasonably assure itself that Licensed Products sold, leased or otherwise disposed of by or for LICENSEE is being used for permitted purposes only.

  • Third Party Payments Neither the Advisor nor any of its officers, directors, employees or stockholders shall receive any commissions, compensation, remuneration or payments whatsoever from any broker with which the Company carries an account for transactions executed in the Company’s account. The parties acknowledge that a familial relationship of any of the foregoing persons may receive floor brokerage commissions in respect of trades effected pursuant to the Advisor’s Trading Approach on behalf of the Company, which payment shall not violate the preceding sentence.

  • Rebates If any taxes paid by Boeing are subject to rebate or reimbursement, Seller shall take the necessary actions to secure such rebates or reimbursement and shall promptly refund to Boeing any amount recovered.

  • Reimbursement from Third Party Payors The accounts receivable of Holdings, the Borrower and the Restricted Subsidiaries have been and will continue to be adjusted to reflect the reimbursement policies required by all applicable Requirements of Law and other Third Party Payor Arrangements to which Holdings, the Borrower or such Restricted Subsidiary is subject, and do not exceed in any material respect amounts the Borrower or such Restricted Subsidiary is entitled to receive under any capitation arrangement, fee schedule, discount formula, cost-based reimbursement or other adjustment or limitation to usual charges. All xxxxxxxx by Holdings, the Borrower and each Restricted Subsidiary pursuant to any Third Party Payor Arrangements have been made in compliance with all applicable Requirements of Law, except where failure to comply would not, individually or in the aggregate, be reasonably likely to have a Material Adverse Effect. There has been no intentional or material over-billing or over-collection by the Borrower or any Restricted Subsidiary pursuant to any Third Party Payor Arrangements, other than as created by routine adjustments and disallowances made in the ordinary course of business by the Third Party Payors with respect to such xxxxxxxx.

  • THIRD PARTY PAYORS Company, Shareholders and each licensed professional employee or independent contractor of Company has timely filed all claims or other reports required to be filed with respect to the purchase of services by third-party payors, and all such claims or reports are complete and accurate, and has no liability to any payor with respect thereto. There are no pending appeals, overpayment determinations, adjustments, challenges, audit, litigation or notices of intent to open Medicare or Medicaid claim determinations or other reports required to be filed by Company, any Shareholder and each licensed professional employee of Company. Neither Company, nor any Shareholder, nor any licensed professional employee of Company has been convicted of, or pled guilty or nolo contendere to, patient abuse or negligence, or any other Medicare or Medicaid program related offense and none has committed any offense which may serve as the basis for suspension or exclusion from the Medicare and Medicaid programs or any other third party payor program. With respect to payors, Company, Shareholders and Company's licensed professional employees has not (a) knowingly and willfully making or causing to be made a false statement or representation of a material fact in any application for any benefit or payment; (b) knowingly and willfully making or causing to be made any false statement or representation of a material fact for use in determining rights to any benefit or payment; (c) failed to disclose knowledge of the occurrence of any event affecting the initial or continued right to any benefit or payment on its own behalf or on behalf of another, with the intent to fraudulently secure such benefit or payment; and (d) violated any applicable state anti-remuneration or self-referral statutes, rules or regulations.

  • Third Party Vendors Nothing herein shall impose any duty upon DST in connection with or make DST liable for the actions or omissions to act of the following types of unaffiliated third parties: (a) courier and mail services including but not limited to Airborne Services, Federal Express, UPS and the U.S. Mails, (b) telecommunications companies including but not limited to AT&T, Sprint, MCI and other delivery, telecommunications and other such companies not under the party’s reasonable control, and (c) third parties not under the party’s reasonable control or subcontract relationship providing services to the financial industry generally, such as, by way of example and not limitation, the National Securities Clearing Corporation (processing and settlement services), Fund custodian banks (custody and fund accounting services) and administrators (blue sky and Fund administration services), and national database providers such as Choice Point, Acxiom, TransUnion or Lexis/Nexis and any replacements thereof or similar entities, provided, if DST selected such company, DST shall have exercised due care in selecting the same. Such third party vendors shall not be deemed, and are not, subcontractors for purposes of this Agreement.

  • Stop Payments The Fund hereby authorizes the Transfer Agent to stop payment of checks issued in payment of dividends, but not presented for payment, when the payees thereof allege either that they have not received the checks or that such checks have been mislaid, lost, stolen, destroyed or, through no fault of theirs, are otherwise beyond their control and cannot be produced by them for presentation and collection, and the Transfer Agent shall issue and deliver duplicate checks in replacement thereof, and the Fund shall indemnify Transfer Agent against any loss or damage resulting from reissuance of the checks.

  • Goods and Services Tax (a) Subject to clause 13.3(b), all amounts referred to in this agreement which are relevant in determining a payment to be made by one party to another are exclusive of GST unless specifically indicated otherwise.

  • Payors EXHIBIT 2.28 sets forth a true, complete and correct list of the names and addresses of each payor of Company's services which accounted for more than 10% of revenues of Company in the preceding fiscal year. Company has good relations with all such payors and other material payors of Company and none of such payors has notified Company that it intends to discontinue its relationship with Company or to deny any claims submitted to such payor for payment.

  • SALES MATERIALS; PRIVACY 4.1. The Company will furnish, or will cause to be furnished, to the Trust and the Distributor, each piece of sales literature or other promotional material in which the Trust, the Distributor or Adviser is named, at least ten (10) Business Days prior to its intended use. No such material will be used if the Trust or the Distributor objects to its use in writing within ten (10) Business Days after receipt of such material.

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