Inventory Adjustments. For purposes of rebalancing your inventory, we will inform you in writing which Products you may return to us for credit, their inventory-adjustment categories, and any terms associated with these categories. We will issue a credit to you when we accept the returned Product. You may use the credit only after we issue it. We may charge you a handling charge for returned Products. We determine this charge by multiplying the inventory-adjustment credit amount for the Product by the handling-charge percent. We will inform you n writing of that percent. You agree to pay shipping charges for Products you return. They must be in our original, undamaged packages (unopened for Machines), and without any non-IBM labels. Certain Products may be acquired only as Machines and Programs packaged together as a solution. These Products must be returned with all their components intact. However, we do not require the shipping container to be unopened for some of these Products (for example, Selected Academic Solutions), as we determine. Returned Products must be unused and in new condition. You agree to ensure that the Products are free of any legal obligations or restrictions that prevent their return. We accept them only from locations to which we ship Products. We will reject any returned Product that does not comply with these terms and send it back to you at your expense.
Inventory Adjustments. Consists of charges or credits due to adjustments to inventory concerning revaluation to new standards, stock conversions, capitalized/amortized production variances, shortages or overages, and damage or obsolescence of regular on-hand inventory or products returned by customers. Each of these charges or credits can be identified to a specific product. Schedule 1.18 PATENT RIGHTS ATHEROGENICS, INC. U.S. PATENT PORTFOLIO AGI 1067 Updated July 1999 DOCKET MATTER NO. TITLE SERIAL FILING PATENT ISSUE RELATED LAST NAME NO. NO. DATE NO. DATE CASES ACTION ---------- ---------- ------------------------ ---------- -------- --------- -------- ---------- -------- ATH100 105001 Treatment for 07/969,934 10/30/92 5,380,747 01/10/95 Patented (EMU110) Atherosclerosis and other Cardiovascular and Inflammatory Diseases --------------------------------------------------------------------------------------------------------------------------------- ATH100 105023 Treatment for 08/722,438 10/17/96 5,877,203 3/2/99 FWC of Patented DIV Atherosclerosis and 08/257,821 other Cardiovascular and Inflammatory Diseases --------------------------------------------------------------------------------------------------------------------------------- ATH101 105012 Treatment for 08/486,239 06/07/95 5,792,787 8/11/98 CON of Patented DIV CON Atherosclerosis and 08/257,821 other Cardiovascular and Inflammatory Diseases --------------------------------------------------------------------------------------------------------------------------------- ATH101 105009 Treatment for 08/477,881 06/07/95 5,783,56 7/21/98 DIV of Patented DIV2 Atherosclerosis and 08/240,858 (ATH101 other Cardiovascular and DIV2) Inflammatory Diseases --------------------------------------------------------------------------------------------------------------------------------- ATH102 105004 Treatment for 08/317,399 10/04/94 5,807,884 9/15/98 CIP of Patented EMU110CIP2 Atherosclerosis and 08/240,858 other Cardiovascular and and CIP of Inflammatory Diseases 07/969,934 --------------------------------------------------------------------------------------------------------------------------------- ATH102 105008 Treatment for 08/483,335 06/07/95 5,811,449 9/22/98 DIV OF Patented DIV1 Atherosclerosis and 08/317,339 other Cardiovascular and Inflammatory Diseases --------------------------------------------------------------------------------------------------------------------------------- ATH102 105028 Treatment for 08/474,530 0...
Inventory Adjustments. (a) NetWolves agrees to provide Anicom with the opportunity to adjust its levels of NetWolves inventory of Products under the following conditions. NetWolves shall repurchase or exchange, at NetWolves' option (an "Inventory Adjustment"): (i) any newly introduced Products, defined as Products which are in the first six (6) months of the Product introduction period and were not previously stocked by Anicom (for purposes herein, the product introduction period begins upon first receipt of the Products by Anicom), and (ii) any slow move return items, defined as new, unused products in original cartons which (1) have been in Anicom's inventory for at least three months and (2) have not been reordered from NetWolves during such three month period.
(b) NetWolves agrees to exchange or credit to Anicom's account all Products in Anicom's inventory which have been replaced by updated, modified, enhanced, newly released and/or enhanced Products, New Versions and/or Competitive Products ("Improved Product Adjustment").
(c) NetWolves agrees that it will allow Anicom to exchange for Products of equal value up to fifteen percent (15%) of the prior purchases made during each of NetWolves' fiscal quarters subject to the following:
(i) Products returned must be unused, undamaged, sealed in their original packages and in merchantable condition;
(ii) all freight charges for said returns shall be paid by Anicom;
(iii) sales of special configurations of Products shall not be subject to exchange; and
(iv) Products returned to NetWolves as an Improved Product Adjustment shall not be included in determining the fifteen percent (15%) rotation amount.
Inventory Adjustments. We will specify in your Exhibit the Products and Services to which this section applies. Products and Services you return to us for credit must have been acquired directly from us. You must request and receive approval from us to return the Products and Services. Products and Services must be received by us within one month of our approving their return, unless we specify otherwise to you in writing. We will issue a credit to you when we accept the returned Products and Services. Certain Products may be acquired only as Machines and Programs packaged together as a solution. These Products must be returned with all their components intact. For certain Products and Services you return, a handling charge applies. We will specify the handling charge percentage in the Exhibit. We determine your total handling charge by multiplying the inventory adjustment credit amount for the Products and Services by the handling charge percent. You agree to pay transportation and associated charges for Products and Services you return. Unless we specify otherwise, returned Products and Services must be in their unopened and undamaged packages. You agree to ensure the returned Products and Services are free of any legal obligations or restrictions that prevent their return. We accept them only from locations within the country to which we ship Products and Services. We will reject any returned Products and Services that do not comply with these terms.
Inventory Adjustments. Adjusted EBITDA and Adjusted Operating Income for each fiscal year during the Measurement Period (but not Adjusted Net Income) shall be adjusted to eliminate the impact of any charges taken by the Company during the Measurement Period to reduce the recorded value of any inventories to net realizable value.
Inventory Adjustments a. Obsolete Product inventory may be returned to Memsic for credit, as stated below.
b. A request for authorization to return obsolete product inventory must be submitted to Memsic by Distributor within thirty (30) days after transmittal of notice by Memsic indicating such Product to be obsolete. Product allowance shall be the purchased unit cost for such obsolete Product prior to the aforementioned notice from Memsic indicating such Product to be obsolete.
(i) Each return goods request for obsolete Product inventory must be accompanied by an offsetting purchase order for other Product in value at least equal to the total value of obsolete Product inventory to be returned, and replacement Product identified in said purchase order must be scheduled for immediate delivery.
(ii) All returned (obsolete) Product must be shipped F.O.B. destination, freight prepaid.
c. All Product returned under this agreement is subject to inspection and approval by Memsic before Memsic will issue credit for such Product. All returned Product must be new, in original packing, and of marketable quality and condition upon receipt and inspection by Memsic. Memsic agrees to inspect returned Product within thirty (30) days of receipt. Product must be within Memsic’s standard warranty terms at the time of receipt by Memsic. All Product not meeting all of the above criteria, or rejected for other reasons, will be returned, freight collect, to Distributor and Memsic shall not issue any credit to Distributor for such Product. All Product returned by Distributor pursuant to the provisions of this Section 9 must be received by Memsic no later than thirty (30) days after Distributor has received the appropriate return authorization number.
Inventory Adjustments. The following replaces the second sentence in paragraph three: We will issue a credit to you after we accept the returned Products and we receive your invoice for the returned Products.
Inventory Adjustments. The purchase price of the Premier Inventory will be reduced, on a dollar for dollar basis, if and to the extent that, the value of Premier Inventory is less than $625,000. Such value shall be based upon a physical inventory conducted by representatives of Premier and OIS jointly, as soon as possible, after execution of this Agreement and will identify quantities and types of materials on hand. The value of the Premier Inventory, other than finished goods, shall then be determined by the application of historical or current cost, whichever is lower, of the raw materials or material components of work in process so identified. The value of any finished goods shall be based on the contract price for those products under the Manufacturing Agreement. Any purchases of raw materials, work in progress or finished goods from Premier Inventory by OIS before the Closing shall similarly cause a reduction in the value of Premier Inventory by the amount of the purchase.
Inventory Adjustments. 3.14.1 The contractor(s) shall accept the return of all parts considered non-moving or seasonal parts pulled during a six (6) month inventory adjustment at no cost or penalty.
Inventory Adjustments. Consists of charges or credits due to adjustments to inventory concerning revaluation to new standards, stock conversions, capitalized/amortized production variances, shortages or overages, and damage or obsolescence of regular on-hand inventory or products returned by customers. Each of these charges or credits can be identified to a specific product. Schedule 1.18 PATENT RIGHTS [ * ] 55 Schedule 2.1(e) Third Party Agreements License Agreement between Emory University and Atherogenics, Inc., dated January 11, 1995. License to the United States Government dated March 27, 1995. Patent Purchase Agreement between Sampxxx Xxxxxxxxxxxxx, Xx.D. and Atherogenics, Inc., dated April 26, 1995. Schedule 2.6(h) Development Work to be Performed by Licensor Pre-clinical: [ * ] SCHEDULE 2.6(i)
