Hot Shot Deliveries Sample Clauses

Hot Shot Deliveries. If ordered Products are not delivered by Distributor on the scheduled delivery date (including Key Drop Deliveries), or ordered Products are delivered damaged or not meeting the required specifications or standards, Distributor will make a special delivery to redeliver the Products as quickly as possible at no additional charge (each a “Hot Shot Delivery”). In addition, Distributor shall take back all Products that are damaged or out of specification (except produce or refrigerated or frozen Products): (i) at the time of delivery; or (ii) for Key Drop Deliveries, at the time of the Hot Shot Delivery, if the Hot Shot Delivery is performed by Distributor, and if not, Distributor shall take back such damaged or out of specification Products during the next regularly scheduled delivery and in either event credit the applicable Participant for the amount charged by Distributor for such damaged or out of specification Product. Hot Shot Deliveries of Products to the Retail Outlets shall not be made by any person other than a Distributor-owned or controlled carriage unless expressly authorized by UFPC in writing. Distributor shall use its best efforts to promptly satisfy any emergency needs of a Participant for Products. If the emergency results from Distributor’s non-delivery of critical Products, Distributor will arrange a Hot Shot Delivery or other special delivery as quickly as possible and at no charge to Participant. Distributor shall not impose any minimum dollar order amount per delivery for regularly scheduled deliveries. If a Hot Shot Delivery is necessitated by the action or inaction of a Supplier, UFPC shall use its commercially reasonable efforts to work with Distributor and the applicable Supplier to encourage Supplier to reimburse Distributor for its actually incurred costs for the Hot Shot Delivery.
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Hot Shot Deliveries. Stocking Exhaust Products shall also be made available to certain Midas Shops by AutoZone under the Hot Shot Program described in Section 2(b) of this Agreement. Those Midas Shops to which AutoZone is commercially able to make same-day deliveries from the twenty-five (25) AutoZone hub stores listed on Schedule 5.2 attached hereto and incorporated herein by reference shall be entitled to purchase Stocking Exhaust Products under the Hot Shot Program. AutoZone shall expand the sale of Stocking Exhaust Products under the Hot Shot Program (“Exhaust Hot Shot Coverage”) to [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION] additional AutoZone hub stores to be determined by AutoZone (the “Initial Expansion”), and may expand Exhaust Hot Shot Coverage to [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION] additional AutoZone hub stores on the following basis: if AutoZone determines that Exhaust Hot Shot Coverage meets AutoZone’s internal criteria for return on investment in all of the stores in the Initial Expansion, AutoZone will add Exhaust Hot Shot Coverage in [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION] additional AutoZone hub stores to be determined by AutoZone (the “Second Expansion”); and if AutoZone determines that Exhaust Hot Shot Coverage meets AutoZone’s internal criteria for return on investment in all stores in the Second Expansion, AutoZone will add Exhaust Hot Shot Coverage in [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION] additional AutoZone hub stores to be determined by AutoZone (the “Third Expansion”). AutoZone reserves the right (a) to determine, in its sole discretion, whether the Exhaust Hot Shot Coverage in any AutoZone hub store meets AutoZone’s internal criteria for return on investment, and (b) to eliminate Exhaust Hot Shot Coverage in any AutoZone hub store where such criteria are not met. Notwithstanding the foregoing, commencing with the second quarter of 2006, AutoZone shall be required to pay to MIC a penalty (the “Hub Store Penalty”) for each quarter in which AutoZone operates, on a continuous basis, fewer than [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION] AutoZone Exhaust Hub Stores (as hereinafter defined). For purposes of this Agreement, “AutoZone Exhaust Hub Store” shall mean an AutoZone hub store located within the U.S. which continuously maintained (and made available to Midas Shops for purchase under the Hot Sh...
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Hot Shot Deliveries a. Any order entered into BisTrack by 10:00 AM that will fit safely in a pickup truck or on a 1-ton flatbed will be delivered sometime during that same business day (Monday through Friday).
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Related to Hot Shot Deliveries

  • Other Deliveries At or prior to Closing, Parent shall have delivered to the Company (i) copies of resolutions and actions taken by Parent’s board of directors and stockholders in connection with the approval of this Agreement and the transactions contemplated hereunder, and (ii) such other documents or certificates as shall reasonably be required by the Company and its counsel in order to consummate the transactions contemplated hereunder.

  • Deliveries (a) On or prior to the Closing Date, the Company shall deliver or cause to be delivered to each Purchaser the following:

  • Closing Date Deliveries On the Closing Date, the Company shall have delivered to the Representative executed copies of the Representative’s Purchase Option.

  • Effective Date Deliveries On the Effective Date, the Company shall have delivered to the Representative executed copies of the Trust Agreement, the Warrant Agreement, the Registration Rights Agreement, all of the Insider Letters and the Subscription Agreement.

  • Seller’s Deliveries At the Closing, Seller shall deliver to Buyer:

  • Buyer’s Deliveries At the Closing, Buyer shall deliver the following to Seller:

  • Post-Closing Deliveries (a) The Borrower hereby agrees to deliver, or cause to be delivered, to the Administrative Agent, in form and substance reasonably satisfactory to the Administrative Agent, the items described on Schedule 5.15 hereof on or before the dates specified with respect to such items, or such later dates as may be agreed to by, or as may be waived by, the Administrative Agent in its sole discretion.

  • Seller Deliveries At the Closing, Seller shall deliver to Purchaser:

  • Pre-Closing Deliveries (i) At least ten Business Days prior to the Closing, the Seller will furnish to the Buyer a certificate (the “Estimated Purchase Price Certificate”) setting forth (i) a good faith estimate of the Closing Net Working Capital; (ii) the Estimated Indebtedness (including Paid Indebtedness); (iii) the estimated Seller’s Expenses that remain unpaid as of the Closing; (iv) a good faith estimate of the Company Cash; and (v) a reasonably detailed calculation of the Purchase Price using the Company’s good faith calculation of the foregoing estimates and other amounts (the “Estimated Purchase Price”). The Estimated Purchase Price Certificate will be prepared in accordance with the Calculation Principles, and will not include any changes in assets or liabilities as a result of purchase accounting adjustments arising from, or resulting as a consequence of, the Transactions. The Seller shall (x) provide supporting documentation as may be reasonably requested by the Buyer in order to allow it to review the calculations set forth in the Estimated Purchase Price Certificate, and (y) make appropriate revisions to the Estimated Purchase Price Certificate as are mutually agreed upon by the Seller and the Buyer acting in good faith; provided that if the parties cannot mutually agree upon any proposed revisions to the Estimated Purchase Price Certificate, then, the parties shall use estimates set forth in the Estimated Purchase Price Certificate as prepared by the Seller for Closing, and the Buyer may thereafter seek adjustments pursuant to the remaining provisions of this Section 1.8; and

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