Disposition of Products Sample Clauses

Disposition of Products. Upon termination of this Agreement by Licensee or Foundation, pursuant to Section 10.1, 10.2, or 10.3, Licensee will provide Foundation with a written inventory of all Products in process of manufacture, in use, or in stock. Licensee may dispose of any such Products within the ninety (90) day period following such termination, provided, however, that Licensee will pay Royalties and render reports to Foundation thereon in the manner specified herein. Upon the natural expiration of this Agreement, Licensee will provide Foundation with a written inventory of all Products in process of manufacture, in use, or in stock (“Stock Products”). Licensee may [***]
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Disposition of Products. (a) Except as provided in Section 10.1(d), each Member shall be sold and take in kind its share of all Products. Each Member may thereafter separately dispose of the Products it has purchased from the Company. Each Member shall bear directly all costs and expenses incurred in connection with such separate disposition. AMENDED AND RESTATED LLC AGREEMENT OF EUREKA MOLY, LLC – Page 40 (b) On or before the date that is sixty (60) days prior to the anticipated date of Commercial Production and not later than sixty (60) days prior to the beginning of each calendar year thereafter, the Manager shall deliver to the Management Committee an estimate of the quantity and timing of production of Products for such calendar year or other period, provided, that such estimate shall not be binding on the Manager. Within thirty (30) days after receipt of such estimate, the Representatives of each Member shall deliver to the Manager its nomination, based on the Manager’s estimate, of the types (i.e. powder, briquette or ferromoly) and relative amount of each such type requested to be sold to such Member in kind based on its Percentage Interest. The Representatives shall thereafter work together in good faith to agree upon an annual forecast (the “Annual Forecast”) of monthly scheduled sales of Products to the Members during the relevant period based on the foregoing estimate and nominations. To the extent of actual production, the Manager shall thereafter sell or distribute to each Member, or sell on behalf of the Company, such Member’s share (based upon the Member’s Percentage Interest) of Products, as directed and in the types and amounts specified by the Member, to the extent practicable in accordance with the Annual Forecast, except to the extent such sales of such amounts and types create an unreasonable burden on the Company or any other Member. The Manager shall give the Members notice at least ten (10) days in advance of the delivery date upon which their respective shares of Products will be available for sale. The Products shall be sold to the Members at the price determined quarterly by the entire Management Committee; provided that the price shall be a representative market price taking into consideration the competitive market conditions, along with normal volume discounts, commissions, and transportation differentials; and provided, further, that the price shall not be higher than the price received by Nevada Moly or any of its Affiliates for external spot sales...
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Disposition of Products. CONSIGNMENT a. Principal agrees to send out “samples” and other items it deems necessary to gain the new business. b. The Agent will not be billed for any samples.
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Disposition of Products. Upon termination of this Agreement or a portion of the license, ProCyte (and its Affiliates and sublicensees) shall have the right to complete any work in progress and sell or otherwise dispose of any affected Product within the next twelve (12) months.
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Disposition of Products. Paragraphs 14.6 and 14.7 Patent Prosecution and Maintenance · Article 16 Limited Warranty · Article 17 Limitation on Liability · Article 18 Indemnification · Article 19 Confidentiality · Article 20 Notices
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Disposition of Products. ON HAND UPON TERMINATION 8.1 Upon termination of this Agreement by LICENSOR., LICEN- SEE shall provide LICENSOR with a written inventory of all PRODUCTS in process of manufacture, in use or in stock and shall have the privilege of disposing of such PRODUCTS, but not more, within a period of Ninety (90) Days, provided, however, that LICENSEE shall pay royalties thereon and shall render reports thereon in the manner herein provided.
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Disposition of Products. With respect to the processing or other beneficiation of Products prior to their shipment to a smelter or refinery, the Members hereby agree that the Company, at the Manager’s discretion, may enter into a toll milling agreement with FGMI. A framework for the form of the Toll Milling Agreement is attached hereto as Exhibit F. The Members further agree that the Manager may negotiate the final terms and conditions of the Toll Milling Agreement and enter into and deliver the Toll Milling Agreement without any further approval from the Management Committee, and that in negotiating the final form of Toll Milling Agreement with FGMI, the Manager may agree to such changes to the form as the Manager may deem reasonably necessary, after consultation with the other Member; provided, however, that the Manager may not agree to a profit margin payable to FGMI by the Company pursuant to Exhibit G of the Toll Milling Agreement in excess of 20% or any term (other than the nature and components of the costs charged by FGMI) that materially increases the allocation of liabilities to the Company pursuant to the Toll Milling Agreement without the unanimous approval of the Management Committee.
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Disposition of Products. Upon termination of this Agreement or any rights and licenses granted hereunder solely as provided in Section 15.2 the Party having its rights and licenses terminated shall have a period of sixty (60) days from the date of termination to sell, transfer or dispose of any previously manufactured licensed products held in its inventory as of the date of such termination; provided, however, that such sale or other disposition shall be subject to making the royalty payments provided for in Articles 5 and 6 as applicable thereto.
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Disposition of Products 
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Related to Disposition of Products

  • Disposition of Property Dispose of any of its property, whether now owned or hereafter acquired, or, in the case of any Subsidiary, issue or sell any shares of such Subsidiary’s Capital Stock to any Person, except: (a) the Disposition of (i) obsolete or worn out property or (ii) any property that is no longer used or useful in the conduct of the business of the Borrower or its Subsidiaries, in each case in the ordinary course of business; (b) the Disposition of inventory in the ordinary course of business; (c) Dispositions permitted by clause (i) of Section 7.4(b), Investments permitted under Section 7.7 (other than Section 7.7 (m)) and Restricted Payments permitted under Section 7.6; (d) the sale or issuance of any Subsidiary’s Capital Stock to the Borrower or any Wholly Owned Subsidiary; provided that any sale or issuance of any Subsidiary Guarantor’s Capital Stock shall only be to the Borrower or another Subsidiary Guarantor; (e) Dispositions of any Related Eligible Assets (i) in connection with the AESOP Financing Program or the Centre Point Financing Program, (ii) to any Securitization Entity or (iii) in connection with the incurrence of any Securitization Indebtedness; (f) the sale of the Budget Truck Division for fair market value as determined by the board of directors of the Borrower; (g) the Disposition of other property having a fair market value not to exceed $1,000,000,000 in the aggregate for any fiscal year of the Borrower; (h) the Dispositions listed on Schedule 7.5(h); (i) Dispositions of properties subject to condemnation, eminent domain or taking; (j) leases, subleases, licenses and sublicenses of real or personal property, and Intellectual Property in the ordinary course of business, and any intercompany licenses and sublicenses of Intellectual Property; (k) dispositions or use of cash and Cash Equivalents in the ordinary course of business; (l) the abandonment, termination or other disposition of Intellectual Property or leasehold properties in the ordinary course of business; and (m) dispositions, discounts or forgiveness of accounts receivable in connection with the collection or compromise thereof; (n) Dispositions of non-core assets acquired in connection with an Investment permitted under Section 7.7, including a Specified Transaction; (o) Dispositions by the Borrower or any of its Subsidiaries of any Foreign Subsidiary to any other Foreign Subsidiary so long as at least 65% of the Capital Stock of such other Foreign Subsidiary (or any parent company of such other Foreign Subsidiary) is pledged to the Administrative Agent pursuant to Section 6.9; (p) Dispositions of minority interests in joint ventures; and (q) any Disposition of any Foreign Subsidiary and any holding company formed in connection with the Avis Europe Acquisition to the Borrower or any of its Subsidiaries. provided that all Dispositions permitted under paragraphs (f) and (g)(i) and (g)(ii) of this Section 7.5 shall be made for fair value and in the case of any such Disposition (or series of related Dispositions) that yields gross proceeds to any Loan Party in excess of $25,000,000, for at least 75% cash consideration (excluding, in the case of an Asset Sale (or series of related Asset Sales), any consideration by way of relief from, or by any other Person assuming responsibility for, any liabilities, contingent or otherwise, that are not Indebtedness) (it being understood that for the purposes of the foregoing proviso, the following shall be deemed to be cash consideration: (1) Cash Equivalents, (2) the assumption of Indebtedness of the Borrower (other than Disqualified Stock of the Borrower) or any Subsidiary and the release of the Borrower and its Subsidiaries from all liability with respect to payment of such Indebtedness, (3) Indebtedness of any Subsidiary that is no longer a Subsidiary as a result of such Disposition, to the extent that the Borrower and each other Subsidiary are released from any Guarantee Obligations or any other obligations to provide credit support in respect of such Indebtedness and (4) securities received by the Borrower or any Subsidiary from the transferee that are converted by the Borrower or such Subsidiary into cash within 180 days); provided, further, that if the Group Member’s action or event meets the criteria of more than one of the types of Dispositions described in the clauses above, the Borrower in its sole discretion may classify (and reclassify) such action or event in one or more clauses (including in part under one such clause and in part under another such clause).

  • Reformulation of Products As of the Effective Date, and continuing thereafter, Products that Xxxxxx Xxxxxx directly manufactures, imports, distributes, sells, or offers for sale in California shall either: (a) be Reformulated Products pursuant to § 2.2, below; or (b) be labeled with a clear and reasonable exposure warning pursuant to §§ 2.3 and 2.4, below. For purposes of this Settlement Agreement, a “Reformulated Product” is a Product that is in compliance with the standard set forth in § 2.2, below. The warning requirement set forth in §§ 2.3 and 2.4 shall not apply to any Reformulated Product.

  • Disposition The HSP will not, without the LHIN’s prior written consent, sell, lease or otherwise dispose of any assets purchased with Funding, the cost of which exceeded $25,000 at the time of purchase.

  • Sale of Products (a) All shipments, services, sales, and quotations between Sierra Packaging and Converting, LLC, a Nevada limited liability company (“Seller”) and the undersigned purchaser (“Purchaser”) for the purchase of products (“Products”) shall be subject to these Terms and Conditions of Sale, including all exhibits and attachments hereto (these “Terms” or this “Agreement”). Purchaser acknowledges receipt hereof and accepts these Terms. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS CONTAINED IN ANY RESPONSE HERETO BY PURCHASER OR IN PURCHASER’S INITIAL ORDER ARE HEREBY REJECTED BY SELLER WITHOUT NEED OF FURTHER NOTICE OF REJECTION AND SHALL BE OF NO EFFECT AND IN NO CIRCUMSTANCES BINDING ON SELLER. Seller’s acceptance of any order offered by Purchaser is EXPRESSLY MADE CONDITIONAL on Purchaser’s assent to these Terms, and under no circumstances will any terms other than these Terms apply to Seller’s sale of the Products. (b) Seller’s quotations are binding on Seller for sixty (60) days after receipt by Purchaser. Each order of Products shall be in writing and no order of Purchaser shall be binding on Seller until the earlier of (i) shipment to Purchaser of Products or (ii) transmittal of a written acceptance by Seller. Seller’s failure to respond to Purchaser’s order within two (2) weeks after receipt of the order shall be a rejection of the order. (c) Purchaser may not cancel any order after it has become binding pursuant to subsection (b) above. Notwithstanding the foregoing, either party may cancel an accepted order which has not yet been produced if the other party (i) makes an assignment for the benefit of creditors, (ii) becomes party to a voluntary or involuntary proceeding of insolvency, bankruptcy or reorganization, (iii) generally becomes unable to pay its debts as they become due, (iv) in the case of Seller, if Purchaser fails to remit payment to Seller in accordance with the terms hereof and such failure continues for 10 days after Purchaser's receipt of notice from Seller concerning Purchaser’s non-payment, or (v) breaches any other material term, provision or condition contained in these Terms which breach continues for 30 days after such party receives written notice of such breach. If Purchaser terminates an order in accordance with the foregoing, Purchaser shall nevertheless be liable to Seller for the full purchase price for all Products represented by such terminated order completed at the time of termination but not yet shipped and for all of Seller’s costs and expenses (but not the profit component) for all Products in process at the time of termination. (d) All references in sales brochures, data sheets, and offers as to specifications, price, and other details of the Products are approximate and shall not be binding on the Seller unless expressly set out in an accepted quotation or order or otherwise agreed to in writing. Seller may, from time to time, update and replace Products in its line. Seller reserves the right to substitute updated Products, provided that such updated Products meet the requirements of this Agreement and the specifications of the ordered Products in all material respects and are sold for the same price as the ordered Products. (e) Purchaser acknowledges that Seller’s acceptance of any purchase order is dependent on Seller’s prior approval of Purchaser’s credit. Purchaser shall cooperate should Seller from time to time request reasonable assurances of Purchaser’s continuing ability to pay by requesting such trade or banking references or a letter of credit or such other information as reasonably deemed adequate by Seller.

  • Disposition of Proceeds The Security Documents contain an assignment by the Borrower and/or the Guarantors unto and in favor of the Collateral Agent for the benefit of the Lenders of all of the Borrower’s or each Guarantor’s interest in and to their as-extracted collateral in the form of production and all proceeds attributable thereto which may be produced from or allocated to the Mortgaged Property. The Security Documents further provide in general for the application of such proceeds to the satisfaction of the Obligations described therein and secured thereby. Notwithstanding the assignment contained in such Security Documents, until the occurrence of an Event of Default, (a) the Administrative Agent and the Lenders agree that they will neither notify the purchaser or purchasers of such production nor take any other action to cause such proceeds to be remitted to the Administrative Agent or the Lenders, but the Lenders will instead permit such proceeds to be paid to the Borrower and its Subsidiaries and (b) the Lenders hereby authorize the Administrative Agent to take such actions as may be necessary to cause such proceeds to be paid to the Borrower and/or such Subsidiaries.

  • DISPOSITION OF EQUIPMENT The Grantee shall provide to the State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by the State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory the State shall provide the Grantee with a list of the items on the inventory that the State will take title to. All other items shall become the property of the Grantee. The State shall arrange for delivery from the Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by the State.

  • Data Disposition When the contracted work has been completed or when the Data is no longer needed, except as noted above in Section 5.b, Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: Data stored on: Will be destroyed by:

  • Disposition of Data Upon written request from the LEA, Provider shall dispose of or provide a mechanism for the LEA to transfer Student Data obtained under the Service Agreement, within sixty (60) days of the date of said request and according to a schedule and procedure as the Parties may reasonably agree. Upon termination of this DPA, if no written request from the LEA is received, Provider shall dispose of all Student Data after providing the LEA with reasonable prior notice. The duty to dispose of Student Data shall not extend to Student Data that had been De-Identified or placed in a separate student account pursuant to section II 3. The LEA may employ a “Directive for Disposition of Data” form, a copy of which is attached hereto as Exhibit “D”. If the LEA and Provider employ Exhibit “D,” no further written request or notice is required on the part of either party prior to the disposition of Student Data described in Exhibit “D.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Return of Products No Products or part shall be returned to Seller without an approved Return Goods Authorization (“RMA”) from Seller. Custom and special order Products are non-returnable. Returns are subject to a restocking fee.