Distribution Center Expenses Sample Clauses

Distribution Center Expenses. All Distribution Center Merchandise and certain Inventory under Open Purchase Orders (as agreed to by Agent and Buyer) shall be delivered from the Distribution Centers to the Stores in accordance with the Allocation Schedule and, solely as between Agent and Buyer, the Letter Agreement. Notwithstanding the foregoing, all costs and expenses of operating the Distribution Centers, including, but not limited to, use and occupancy expenses, Distribution Center employee payroll and other obligations, and/or processing, transferring, consolidating, shipping, and/or delivering goods within or from the Distribution Centers (the “Distribution Center Expenses”), shall remain the sole obligation of Merchant for the period prior to Closing and Buyer after the Closing.
Sample 1Sample 2
AutoNDA by SimpleDocs
Distribution Center Expenses. Agent shall be responsible for allocating and designating the shipment of Merchandise, including Agent's Additional Merchandise, from the Merchant's distribution centers to the Stores. Merchant and Agent shall cooperate with each other and shall mutually agree upon a schedule and allocation to the Stores of the On-Order/In-Transit Merchandise. Agent shall be responsible for the delivery and freight costs associated with transferring all On-Order/In-Transit Merchandise from the distribution centers to the Stores prior to the Sale Termination Date. Notwithstanding the foregoing, the actual costs and expenses, including without limitation use and occupancy expenses, payroll expenses, and all other costs of the operations of the Distribution Centers, transfer and delivery related to the processing, transfer and consolidation of Merchandise in the Distribution Center (the "Distribution Center Expenses") shall remain the obligation of the Merchant, except as provided for in section 4.1(t).
Sample 1
Distribution Center Expenses. To the extent that Agent and Merchant agree to include any Distribution Center Inventory in the Sale, Agent shall be responsible for allocating and designating the shipment of the Distribution Center Inventory to the Stores. The actual costs and expenses, including use and occupancy at the Distribution Centers, transfer and delivery (ticketed in the ordinary course consistent with historic practices), related to the processing, transfer and consolidation of Distribution Center Inventory from the Distribution Center to the Stores (collectively, the “Distribution Center Expenses”) for a period commencing on the Sale Commencement Date through the Sale Termination Date shall be the obligation of the Merchant; provided however, that in the event Agent chooses to use a method of picking-up or transportation in a manner that is not consistent with Merchant’s ordinary course method of transport, then Agent shall be solely responsible for all increased costs and expenses associated with such modification (such additional costs shall be treated as an Expense hereunder); provided further, no Distribution Center Inventory shall be shipped to the Stores prior to the Inventory Date for any applicable Store.
Sample 1
Distribution Center Expenses. Although Agent shall be responsible for allocating and designating the shipment of the On-Order and Distribution Center Merchandise to the Stores, the actual costs and expenses, including use and occupancy at the Distribution Center, transfer and delivery (ticketed in the ordinary course consistent with historic practices), related to the processing, transfer and consolidation of On-Order and Distribution Center Merchandise from the Distribution Center to the Stores (collectively, the “Distribution Center Expenses”) shall be the obligation of the Merchant. On or prior to the Sale Commencement Date, after consulting with Merchant, Merchant and Agent shall cooperate with each other and shall mutually agree upon a schedule and allocation of the On-Order and Distribution Center Merchandise to the Stores (as reflected on Exhibit 5.5 hereof), which schedule and allocation will be based upon an objective of having the On-Order and Distribution Center Merchandise shipped to the Stores prior to the Interim Receipt Deadline (the “Pre-Sale Allocation”).
Sample 1
Distribution Center Expenses. Agent shall be responsible for allocating and designating the shipment of Merchandise from Merchant’s Distribution Centers to the Stores. All costs and expenses of operating the Distribution Centers, including, but not limited to, use and occupancy expenses, Distribution Center employee payroll and other obligations, and/or processing, transferring, consolidating, shipping, and/or delivering goods within or from the Distribution Centers (the “Distribution Center Expenses”), shall be borne by Agent as an Expense except to the extent provided for in the Wind-Down Budget.
Sample 1
Distribution Center Expenses. (i) Although Agent shall be responsible for allocating and designating the shipment of the Distribution Center Merchandise to the Stores, the actual costs and expenses, including use and occupancy at the Distribution Centers, transfer and delivery (ticketed in the ordinary course consistent with historic practices), related to the processing, transfer and consolidation of Distribution Center Merchandise from the Distribution Center to the Stores (collectively, the “Distribution Center Expenses”) for a period commencing on the Sale Commencement Date through the earlier of: (a) December 15, 2008; or (b) the date that the subject Distribution Center is vacated (the “Distribution Center Occupancy Period”) shall be the obligation of the Merchant; provided however, (i) in the event Agent chooses to use a method of picking-up or transportation in a manner that is not consistent with the Pre-Sale Allocation (as defined below), then Agent shall be solely responsible for all increased costs and expenses associated with such modification(such additional costs shall be treated as an Expense hereunder); and (ii) in the event that all Distribution Center Merchandise has not been removed at the conclusion of the Distribution Center Occupancy Period, other than as a result of Merchant’s inability to execute the transfer of the Distribution Center Merchandise in accordance with its maximum weekly capacity, Agent shall be obligated to pay all Distribution Center Expenses incurred after such date; provided however, in the event that Distribution Center Merchandise cannot be transferred from the Distribution Center to one or more Stores, because such Store does not have the capacity to take in such Distribution Center Merchandise, as represented by Agent, such inability shall not be deemed Merchant’s inability to execute the transfer. Agent acknowledges that Merchant’s maximum weekly capacity for shipping from the Distribution Centers to the Stores is approximately $60,000,000 (retail price) from Distribution Centers to the Stores. On or prior to October 20, 2008, after consulting with Merchant, Merchant and Agent shall cooperate with each other and shall mutually agree upon a schedule and allocation of the Distribution Center Merchandise and On-Order Merchandise to the Stores (as reflected on Exhibit 5.5 hereof), which schedule and allocation will be based upon an objective of having the Distribution Center Merchandise shipped to the Stores prior to the Interim Receipt Deadl...
Sample 1
Distribution Center Expenses. Agent shall be responsible for allocating and designating the shipment of the Distribution Center Inventory and Return to Vendor Inventory to the Stores. The actual costs and expenses, including use and occupancy at the Distribution Centers, transfer and delivery (ticketed in the ordinary course consistent with historic practices), related to the processing, transfer and consolidation of Distribution Center Inventory and Return to Vendor Inventory from the Distribution Center to the Stores (collectively, the “Distribution Center Expenses”) for a period commencing on the Sale Commencement Date through the Sale Termination Date shall be the obligation of the Merchant; provided however, that in the event Agent chooses to use a method of picking-up or transportation in a manner that is not consistent with Merchant’s ordinary course method of transport, then Agent shall be solely responsible for all increased costs and expenses associated with such modification (such additional costs shall be treated as an Expense hereunder); provided further, no Distribution Center Inventory or Return to Vendor Inventory shall be shipped to the Stores prior to the Inventory Date for any applicable Store unless Merchant and Agent can mutually agree on a method to account for such inventory. On or prior to July 14, 2011, Merchant and Agent shall cooperate with each other and shall mutually agree upon a schedule and allocation of the Distribution Center Inventory and Return to Vendor Inventory to the Stores (the “Pre-Sale Allocation”).
Sample 1
AutoNDA by SimpleDocs

Related to Distribution Center Expenses

  • Collection Expenses The Borrower further agrees, subject only to any limitation imposed by applicable law, to pay all expenses, including reasonable attorneys’ fees, incurred by the holder of this Note in endeavoring to collect any amounts payable hereunder which are not paid when due.

  • Travel Expenses CONTRACTOR shall not be allowed or paid travel expenses unless set forth in this Agreement.

  • Reimbursement of Travel Expenses If the Servicer provides access to the Review Materials at one of its properties, the Issuer will reimburse the Asset Representations Reviewer for its reasonable travel expenses incurred in connection with the Review on receipt of a detailed invoice.

  • Collection Costs In the event collection efforts are required to obtain payment on this Account, to the extent permitted by law, You agree to pay all court costs, private process server fees, investigation fees or other costs incurred in collection and reasonable attorneys' fees incurred in the course of collecting any amounts owed under this Agreement or in the recovery of any Collateral.

  • Business and Travel Expenses Upon presentation of reasonable substantiation and documentation as the Company may specify from time to time, the Employee shall be reimbursed in accordance with the Company’s expense reimbursement policy, for all reasonable out-of-pocket business and travel expenses incurred and paid by the Employee during the Employment Term and in connection with the performance of the Employee’s duties hereunder.

  • Relocation Expenses 19841 Provides relocation expenses for involuntary transfer or promotion requiring a change in residence.

Time is Money Join Law Insider Premium to draft better contracts faster.