Common use of Inventory; Perpetual Inventory Clause in Contracts

Inventory; Perpetual Inventory. Each Borrower represents and warrants to the Lender and agrees with the Lender that all of the Inventory owned by the Borrowers is and will be held for sale or lease, or to be furnished in connection with the rendition of services, in the ordinary course of the Borrowers' business, and is and will be fit for such purposes. Each Borrower will keep its Inventory in good and marketable condition, except for damaged or defective goods arising in the ordinary course of the Borrower's business. Borrowers will not, without the prior written consent of the Lender, acquire or accept any Inventory on consignment or approval. Each Borrower agrees that all Inventory produced by the Borrower in the United States of America will be produced in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations, and orders thereunder. Each Borrower will conduct a physical count of the Inventory at least once per Fiscal Year, and after and during the continuation of an Event of Default, at such other times as the Lender requests. Each Borrower will maintain a perpetual inventory reporting system at all times. No Borrower will, without the Lender's written consent, sell any Inventory on a bill-xxx-hold, guaranteed sale, sale and return, sale on approval, consignment, or other repurchase or return basis.

Inventory; Perpetual Inventory. Each Borrower represents and warrants ------------------------------ to the Lender Agent and the Lenders and agrees with the Lender Agent and the Lenders that all of the Inventory owned by the Borrowers Borrower is and will be held for sale or lease, or to be furnished in connection with the rendition of services, in the ordinary course of the Borrowers' Borrower's business, and is and will be fit for such purposes. Each The Borrower will keep its Inventory in good and marketable condition, except for damaged or defective goods arising in the ordinary course of the Borrower's businessat its own expense. Borrowers Borrower will not, without the prior written consent knowledge of the LenderAgent, acquire or accept any Inventory on consignment or approval. Each The Borrower agrees that all Inventory produced by the Borrower in the United States of America will be produced in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations, and orders thereunder. Each The Borrower will conduct a physical count of the Inventory at least once per Fiscal Year, and after and during the continuation of an Event of Default, at such other times as the Lender Agent requests. Each The Borrower will maintain a perpetual inventory reporting system at all times. No Except as disclosed to Agent in writing, the Borrower willwill not, without the LenderAgent's written consent, sell any Inventory on a billxxxx-xxxand-hold, guaranteed sale, sale and return, sale on approval, consignment, or other repurchase or return basisbasis other than as provided herein.

Inventory; Perpetual Inventory. Each The Borrower represents and warrants to the Lender Agent and the Lenders and agrees with the Lender Agent and the Lenders that all of the Inventory owned by the Borrowers Borrower is and will be held for sale or lease, or to be furnished in connection with the rendition of services, in the ordinary course of the Borrowers' Borrower's business, and is and will be fit for such purposes. Each The Borrower will keep its Inventory in good and marketable conditioncondition subject to ordinary wear and tear, except for damaged or defective goods arising in the ordinary course of the Borrower's businessat its own expense. Borrowers Borrower will not, without the prior written consent of the LenderAgent, acquire or accept any Inventory on consignment or approvalapproval (except in the ordinary course of business). Each The Borrower agrees that all Inventory produced by the Borrower in the United States of America will be produced in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations, and orders thereunder. Each The Borrower will maintain accurate records of Inventory and will (i) continue to perform "cycle" counts in a manner consistent with past practices or (ii) conduct a physical count of the inventory at least once during each Fiscal Year. The Borrower will also conduct a physical count of the Inventory at least once per Fiscal Year, and after and during the continuation of an Event of Default, at such other time or times as the Lender Agent requests. Each .The Borrower will maintain a perpetual inventory reporting system at all times. No Borrower will, without the Lender's written consent, sell any Inventory on a bill-xxx-hold, guaranteed sale, sale and return, sale on approval, consignment, or other repurchase or return basis.

Inventory; Perpetual Inventory. Each The Borrower represents and warrants to the Lender Co- Agents and the Lenders and agrees with the Lender Co-Agents and the Lenders that all of the Inventory owned by the Borrowers Borrower is and will be held for sale or lease, or to be furnished in connection with the rendition of services, in the ordinary course of the Borrowers' Borrower's business, and is and will be fit for such purposes. Each The Borrower will keep its Inventory in good and marketable condition, except for damaged or defective goods arising in the ordinary course of the Borrower's business. Borrowers Borrower will not, without the prior written consent of the LenderCo-Agents, acquire or accept any Inventory on consignment or approval. Each The Borrower agrees that all Inventory Inventory, if any, produced by the Borrower in the United States of America will be produced in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations, and orders thereunder. Each The Borrower will conduct a physical count of the Inventory at least once twice per Fiscal YearYear (at least one of which shall be at the end of the fourth fiscal quarters thereof), and after and during the continuation of an Event of Default, at such other times as the Lender either Co-Agent requests. Each The Borrower will maintain a perpetual inventory reporting system at all times. No The Borrower willwill not, without the Lender's Co-Agents' written consent, sell any Inventory on a bill-xxx-hold, guaranteed sale, sale and return, sale on approval, consignment, or other repurchase or return consignment basis.

Inventory; Perpetual Inventory. (a) Each Borrower represents and warrants to the Lender Agent and the Lenders and agrees with the Lender Agent and the Lenders that all of the Inventory owned by the Borrowers such Borrower is and will be held for sale or lease, or to be furnished in connection with the rendition of services, in the ordinary course of the Borrowers' such Borrower's business, and is and will be fit for such purposes. Each Borrower will keep its Inventory in good and marketable condition, except for damaged or defective goods arising in the ordinary course of the such Borrower's business. Borrowers Each Borrower will not, without the prior written consent of the LenderAgent, acquire or accept any Inventory on consignment or approval. Each Borrower agrees that all Inventory produced by the such Borrower in the United States of America will be produced in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations, and orders thereunder. Each Borrower will conduct a physical count of the Inventory at least once per Fiscal YearYear and, and after the occurrence and during the continuation of an Event of Default, at such other times as the Lender Agent requests. Each Borrower will maintain a perpetual inventory reporting system at all times. No Each Borrower willwill not, without the LenderAgent's written consent, sell any Inventory on a bill-xxxand-hold, guaranteed sale, sale and return, sale on approvalapproxxx, consignment, or other repurchase or return basis.

Inventory; Perpetual Inventory. Each The Borrower represents and warrants to the Lender Agent and the Lenders and agrees with the Lender Agent and the Lenders that all of the Inventory (other than raw materials to be used by the Borrower in the production of finished goods) owned by the Borrowers Borrower is and will be held for sale -45- 52 or lease, or to be furnished in connection with the rendition of services, in the ordinary course of the Borrowers' Borrower's business, and is and will be fit for such purposes. Each The Borrower will keep its Inventory in good and marketable condition, except for damaged or defective goods arising in the ordinary course of the Borrower's businessat its own expense. Borrowers Borrower will not, without the prior written consent of the LenderAgent, acquire or accept any Inventory on consignment or approval. Each The Borrower agrees that all Inventory produced by the Borrower in the United States of America will be produced in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations, and orders thereunder. Each The Borrower will conduct a physical count of the Inventory at least once per Fiscal Year, and after and during the continuation of an Event of Default, at such other times as the Lender Agent requests. Each The Borrower will maintain a perpetual inventory reporting system at all times. No The Borrower willwill not, except in the ordinary course of its business without the LenderAgent's written consent, sell any Inventory on a bill-xxx-hold, guaranteed sale, sale and return, sale on approval, consignment, or other repurchase or return basis.

Inventory; Perpetual Inventory. (1) Each Borrower represents and warrants to the Lender Agent and the Lenders and agrees with the Lender Agent and the Lenders that all of the Inventory owned by the Borrowers each Borrower is and will be held for sale or lease, or to be furnished in connection with the rendition of services, in the ordinary course of the Borrowers' each Borrower's business, and is and will be fit for such purposes. Each Borrower will keep its Inventory in good and marketable condition, except for damaged or defective goods arising in the ordinary course of the such Borrower's business. Borrowers will notNo Borrower will, without the prior written consent of the LenderAgent, acquire or accept any Inventory on consignment or approval. Each Borrower agrees that all Inventory produced by the such Borrower in the United States of America will be produced in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations, and orders thereunder. Each Borrower will conduct a physical count of the Inventory at least once per Fiscal Year, and after and during the continuation of an Event of Default, at such other times as the Lender Agent requests. Each Borrower The Borrowers will maintain a perpetual inventory reporting system at all times. No Borrower will, without the LenderAgent's written consent, sell any Inventory on a billxxxx-xxxand-hold, guaranteed sale, sale and return, sale on approval, consignment, or other repurchase or return basis.