Inventory Balancing Sample Clauses

Inventory Balancing. Provided that the Distributor issues a simultaneous offsetting purchase order, Distributor may, once during each quarter, return for credit Product purchased for up to a maximum of [*****] of net dollar sales invoiced by AltiGen during the immediately preceding quarter. The credit issued for the returned inventory will be based on the [*****] at which the Products were available to Distributor during the period commencing with the date on which the Product was purchased and ending on the date the Product was returned, and may be used on a dollar-for-dollar basis solely to purchase additional Product pursuant to the offsetting purchase order. The right to balance inventory granted herein must be exercised by the last day of the second month of the quarter. Distributor shall submit a request for authorization to return Product for inventory balancing which shall state the quantity of Product to be returned. Upon receipt of such request, AltiGen shall issue a Return of Materials Authorization (RMA) number no later than 1 week after the request is acknowledged by AltiGen, Inc. Inventory returned under this section must be accompanied by a return of materials authorization number assigned by AltiGen and (i) in merchantable condition, in its factory-sealed packaging. All Product returned under this subsection (a) shall be returned within thirty (30) days of the date of issuance of the return of materials authorization number. AltiGen shall pay for the shipping of returned Products to AltiGen and Distributor shall pay for the shipping of replacement Product sent to Distributor.
Sample 1See All (4)
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Inventory Balancing. Provided that Distributor issues a simultaneous offsetting purchase order, Distributor may, once during each quarter, return for credit Product purchased in excess of the quarterly Purchase Objectives for up to a maximum of [*] dollar sales invoiced by AltiGen during the immediately preceding quarter. The credit issued for the returned inventory will be based on the [*] at which the Products were available to Distributor during the period commencing with the date on which the Product was purchased and ending on the date the Product was returned., and may be used on a dollar-for-dollar basis solely to purchase additional Product pursuant to the offsetting purchase order. The right to balance inventory granted herein must be exercised by the last day of the second month of the quarter. Distributor shall submit a request for authorization to return Product for inventory balancing which shall state the quantity of Product to be returned. Upon receipt of such request, AltiGen shall issue a return of materials authorization number. Inventory returned under this section must be accompanied by a return of materials authorization number assigned by AltiGen and (i) in merchantable condition, in its factory-sealed packaging, or (ii) if the returned Product is returned because defective by virtue of being in breach of the warranty provided for in the End-User Agreement, returned with the entire contents of such Product package. All Products returned under this subsection (5.1) shall be returned within thirty (30) days of the date of issuance of the return of materials authorization number. Distributor shall pay for the shipping of returned Products to AltiGen and AltiGen shall pay for the shipping of replacement Product sent to Distributor.
Sample 1
Inventory Balancing. Ramp will have the right to modify Product in ------------------- its inventory as needed via a software key to increase or decrease the number of users per model (for example, if Ramp needs 25-user units and only has 5-user units in inventory, Ramp can use a software key to upgrade the 5-user units to 25-user units). The detailed mechanics of how such upgrade shall be done will be mutually agreed to by the Parties. The charge or credit to Ramp (depending on the nature of the upgrade/downgrade) shall be the actual price difference between the models, and shall be reconciled and paid no later than fifteen (15) days following the end of each calendar quarter. *Material has been omitted pursuant to a request for confidential treatment. Such material has been filed separately with the Securities and Exchange Commission.
Sample 1
Inventory Balancing. Once, during each Fiscal Quarter, Rainmaker may ------------------- return for credit a quantity of excess inventory, the value of which shall not exceed [***] of Rainmaker's net dollar sales invoiced by Novell during the immediately preceding Fiscal Quarter for Novell Products. The credit issued for the returned inventory will be the actual purchase price paid by Rainmaker. This quarterly return may include defective product and new and upgrade product not designated by Novell as Exception Rotations in Section 8.e. In the event inventory was purchased on a promotional price basis, credit issued will be based on the promotional price Rainmaker paid for that Novell Product. This inventory balancing privilege shall apply only if:
Sample 1
Inventory Balancing. To reduce its inventory risk CUSTOMER shall be entitled to balance its Product inventory in accordance with the following:
Sample 1
Inventory Balancing. Once, during each Novell fiscal quarter OEM may return for credit a quantity of excess inventory of Novell Products, the value of which will not exceed twelve and one-half percent (12.5%) of OEM's net dollar sales invoiced by Novell during the immediately preceding Novell fiscal quarter. The credit issued for the returned inventory will be based on the then current U.S. list price, minus the contracted discount. This inventory balancing privilege will apply only if: (i) at the time the Novell Products are returned, OEM orders Novell Products equal in value to the issued credit; (ii) OEM obtains a Novell Return Material Authorization (RMA) prior to returning the Novell Products; (ii) the Novell Products have been in OEM's inventory more than sixty (60) days; and (iv) OEM completes and submits a Novell Stock Rotation Form. Novell reserves the right to make partial approvals of any Stock Rotation Form.
Sample 1
Inventory Balancing. Section 5.5 is amended to include the following as the final paragraph: "MS may, at its sole discretion, allow CUSTOMER to exceed the Inventory Balancing limits outlined above, provided that all such additional Inventory Balancing shall be subject to a [*] percent [*] handling fee. Should CUSTOMER's actual Inventory Balancing percentage for any two month period be less than the Inventory Balancing limits outlined above, the remainder of any such Inventory Balancing limit (i.e. [*] limit less .75% actual credit = [*] remaining credit) may be used to increase CUSTOMER's Inventory Balancing limit for any future period. Any additional Inventory Balancing limit accrued shall expire on June 30, 1997." * Confidential Treatment Requested MICROSOFT CONFIDENTIAL - DISCLOSURE PROHIBITED
Sample 1
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Related to Inventory Balancing

  • Inventory Adjustment (a) No more than three (3) days prior to Closing, a physical count of all saleable inventory, raw materials, castings, grates and other ancillary products included in the Seller Assets (the “Closing Inventory”) shall be carried out at the Designated Plants by representatives of each of the Seller and the Purchaser, which physical count shall be carried out in a manner mutually agreed upon by the parties. For the purposes of this Section 3.1(a), “saleable” inventory shall mean (i) finished goods, which are of first quality and saleable in the ordinary course without discount, and (ii) all raw materials, castings, grates and other ancillary products that are useable in the production of pipe and precast products or otherwise suitable for resale, unless obsolete, damaged or cosmetically impaired. The representatives of each of the Purchaser and the Seller shall attempt, in good faith, to resolve any disputes which may arise during the physical count of the inventory. Upon completion of the physical count of the inventory, the representatives of each of the Seller and the Purchaser shall agree upon and execute a statement setting forth either (i) the final physical count of the inventory in the event that the representatives agree on such final physical count or (ii) the final physical count of the inventory of each of the Seller and the Purchaser in the event that the representatives were unable to resolve in good faith any disputes during the physical inventory count, noting such items of dispute (the “Disputed Seller Inventory Items”) therein. The value of Closing Inventory shall be determined in accordance with the Inventory Methodology. In the event that there are any Disputed Seller Inventory Items, such Disputed Seller Inventory Items shall be resolved following the Closing pursuant to the dispute resolution procedures set forth in Section 3.2 and the final physical count agreed to by the parties or resolved pursuant to Section 3.2 shall be final and binding on the parties, including for purposes of determining the Closing Inventory. (b) No later than 90 days after the Closing Date (or if such day is not a Business Day, the next Business Day), the Purchaser shall deliver to the Seller a certificate executed by the

  • Inventory To the extent Inventory held for sale or lease has been produced by any Borrower, it has been and will be produced by such Borrower in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations and orders thereunder.

  • Accounts and Inventory Each Account or item of Inventory which Borrower shall, expressly or by implication, request Lender to classify as an Eligible Account or as Eligible Inventory, respectively, shall, as of the time when such request is made, conform in all respects to the requirements of such classification as set forth in the respective definitions of "Eligible Account" and "

  • Accounts Receivable; Inventory (a) For each Account with respect to which Advances are requested, on the date each Advance is requested and made, such Account shall be an Eligible Account.

  • Eligible Inventory As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

  • Inventory and Equipment with Bailees Store the Inventory or Equipment of Parent, Borrowers or their respective Subsidiaries at any time now or hereafter with a bailee, warehouseman, or similar party.

  • Equipment and Inventory With respect to any Equipment and/or Inventory of an Obligor, each such Obligor has exclusive possession and control of such Equipment and Inventory of such Obligor except for (i) Equipment leased by such Obligor as a lessee or (ii) Equipment or Inventory in transit with common carriers. No Inventory of an Obligor is held by a Person other than an Obligor pursuant to consignment, sale or return, sale on approval or similar arrangement.

  • Accounts Receivable; Inventories The accounts and notes receivable which are reflected on the Final Closing Balance Sheet are good and collectible in the ordinary course of business at the aggregate recorded amounts thereof, less the amount of the allowance for doubtful accounts reflected thereon, and are not subject to offsets. The accounts and notes receivable of the Company which were thereafter added and which will be reflected on the Final Closing Balance Sheet are good and collectible in the ordinary course of business at the aggregate amounts recorded in its books of account, less the amount of the allowance for doubtful accounts reflected thereon (which allowance was established on a basis consistent with prior practice), and are not subject to offsets. The inventories reflected on the Audited and Unaudited Balance Sheets, and thereafter added, as reflected on the Closing Date Balance Sheet, consist of items of a quality and quantity usable or saleable within one year (except as set forth on Schedule 5.7) in the ordinary course of business, except for obsolete materials, slow-moving items, materials of below standard quality and not readily marketable items, all of which have been written down to net realizable value or adequately reserved against on the books and records of the Company. To the extent there is inventory not listed on Schedule 5.7 of a quality and quantity not usable or saleable in the ordinary course of business within one year, in lieu of a claim for indemnification, Buyer shall sell and the Selling Shareholders shall purchase such items of inventory at the value carried on the Final Closing Balance Sheet. All inventories not written off are stated at the lower of cost or market.

  • Inventory and Supplies Administrator shall order, purchase and provide to the Group on a timely basis inventory and supplies, and such other ordinary, necessary or appropriate materials which are requested by the Group and which the Group shall reasonably determine to be necessary in the operation of the Practice on the same terms commercially available to Administrator. Such inventory, supplies and other materials shall be included in Practice Expenses at their cost to Parent or Administrator, as the case may be.

  • Location of Equipment and Inventory All Equipment and Inventory are (i) located at the locations indicated on Schedule 4 (ii) in transit to such locations or (iii) in transit to a third party purchaser which will become obligated on a Receivable to the Debtor upon receipt. Except for Equipment and Inventory referred to in clauses (ii) and (iii) of the preceding sentence, the Debtor has exclusive possession and control of the Inventory and Equipment.

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