Common use of Inventory; Perpetual Inventory Clause in Contracts

Inventory; Perpetual Inventory. The Borrower represents and warrants to the Agent and the Lenders and agrees with the Agent and the Lenders that all of the Inventory owned by the 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 Borrower's business, and is and will be fit for such purposes. The Borrower will use commercially reasonable efforts to keep its Inventory in good and saleable condition, at its own expense. The Borrower will not, without the prior written consent of the Agent, acquire or accept any Inventory on consignment or approval. The Borrower agrees that all Inventory produced in the United States will be produced in accordance in all material respects with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations, and orders thereunder. 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 Agent requests. The Borrower will maintain a perpetual inventory reporting system at all times. The Borrower will not, without the Agent's written consent, sell any Inventory on a xxxx-and-hold, guaranteed sale, sale and return, sale on approval, consignment, or other repurchase or return basis (other than for damage).

Inventory; Perpetual Inventory. The Borrower represents Borrowers, jointly and warrants severally, represent and warrant to the Agent and the Lenders and agrees agree with the Agent and the Lenders that all of the Eligible Inventory reflected on any Borrowing Base Certificate will be owned by the Borrower is and will be Borrowers, held for sale or lease, or to be furnished in connection with the rendition of services, in the ordinary course of the Borrower's Borrowers' business, and is and will be and, except as disclosed on that Borrowing Base Certificate, fit for such purposes. The Each Borrower will use commercially reasonable efforts to keep its Eligible Inventory in good and saleable marketable condition, at its own expense. The Neither Borrower will notwill, without the prior written consent of the Agent, acquire or accept any Inventory on consignment or approval. The Each Borrower agrees that all Inventory produced by it in the United States will be produced in accordance in all material respects with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations, and orders thereunder. The 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 Agent requests. The Each Borrower will maintain a perpetual inventory reporting system at all times. The Neither Borrower will notwill, without the Agent's written consent, sell any Eligible Inventory on a xxxxbill-andxxx-hold, guaranteed sale, sale and return, sale on approval, consignment, or other repurchase or return basis (other than for damage)basis.

Inventory; Perpetual Inventory. The Borrower represents and warrants to the Agent and the Lenders and agrees with the Agent and the Lenders that all of the Inventory owned by the 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 Borrower's business, and is and will be fit for such purposes. The Borrower will use commercially reasonable efforts to keep its Inventory in good and saleable condition, at its own expense. The Borrower will not, without the prior written consent of the Agent, acquire or accept any Inventory on consignment or approval. The Borrower agrees that all Inventory produced in the United States will be produced in accordance in all material respects with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations, and orders thereunder. 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 Agent requests. The Borrower will maintain a perpetual inventory reporting system at all times. The Borrower will not, without the Agent's written consent, sell any Inventory on a xxxxbill-and-hold, guaranteed sale, sale and return, sale on approval, consignmentxxxxignment, or other repurchase or return basis (other than for damage).