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.
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. 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. The Parties acknowledge and understand that the categorization of Inventory as Other Retail Inventory, Liquidation Inventory and Walmart Inventory, quantities of such Inventory and determination of the corresponding Inventory Purchase Price, as currently set forth in Exhibit B, is subject to adjustment upon mutual agreement of the Parties. The Parties shall cooperate in good faith to reclassify any Inventory and adjust its corresponding Inventory Purchase Price as reasonably necessary for Licensee to sell or liquidate such Inventory at a mutually agreeable price. Each Party acknowledges that it has inspected and verified the quantity, product type and estimated retail or liquidation value, as applicable, of and evaluated sales opportunities for the Inventory. Licensee shall maintain an adequate record of the Other Retail Inventory, Liquidation Inventory and Walmart Inventory, including Inventory categorizations, the corresponding Inventory Purchase Price, quantities of Inventory on hand, quarterly Inventory reconciliations, and sales, transfers or other movements or transactions in Inventory. Licensee shall update such records as necessary to reflect any mutually agreed upon adjustments to the categorization and/or Inventory Purchase Price of the Inventory. For any Other Retail Inventory and Liquidation Inventory which is reclassified by Licensee as Non-Saleable Inventory, the corresponding Inventory Purchase Price shall be reduced to $0 and such Inventory shall either be destroyed by Licensee or returned to Licensor at Licensor’s request and sole expense. [***]: CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED INFORMATION.
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. 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 a. Obsolete Product inventory may be returned to Memsic for credit, as stated below.
