Inventory Purchase. On the Closing Date (the “Inventory Determination Date”), Sellers shall deliver to Red Cross a schedule of all finished and work-in-process blood products in Sellers’ inventory as of the Inventory Determination Date which comprise part of the Assets to be acquired by Red Cross pursuant to this Agreement, identified by product type. With respect to all work-in-process blood products, Sellers shall continue to process such inventory into finished blood products after the Closing Date. On the fourth (4th) business day following the Closing Date, as part of the Purchase Price, Red Cross shall pay to HemaCare, in the manner set forth in Section 2.a).ii) above, an amount (the “Inventory Purchase Amount”) equal to the aggregate purchase price for all such products in inventory on the Closing Date, at the following unit prices: Platelets -- $400.00; Red Blood Cells -- $250.00; Fresh Frozen Plasma -- $53.00; and Cryoprecipitate -- $43.00. Notwithstanding the foregoing, if the Inventory Purchase Amount for all products in inventory other than platelets exceeds $50,000 (such products in inventory in excess of such amount, the “Excess Inventory”), then the Assets shall include, and the Red Cross shall be obligated to purchase pursuant to this Section 2.b), only that portion of the Excess Inventory that meets customary requirements for blood type product mix, as determined by Red Cross in its reasonable discretion. Notwithstanding Section 1.d) to the contrary, Red Cross shall take possession of the finished blood products in inventory on the Closing Date no later than the first calendar day following the Closing Date, and Red Cross shall take possession of all work-in-process blood products in inventory on the Closing Date no later than the first calendar day following the date such work-in-process becomes finished inventory.
Inventory Purchase. Acura shall test the items listed on Exhibit 6.9 at Acura’s cost in accordance with Egalet’s standard operating procedures for its viability for use in manufacturing the Product and shall provide Egalet with the results of such testing in writing. If such testing confirms that such items meet the specifications for such materials, Egalet shall purchase such API and packaging inventory, as listed on Exhibit 6.9, from Acura at Acura’s cost (as specified in such Exhibit). [*****] Prior to use of the API comprising a portion of the purchased inventory, Egalet shall conduct such testing as it shall determine reasonably necessary to confirm such API meets applicable specifications. If the API fails to meet applicable specifications, Egalet shall return such non-conforming API to Acura and Acura shall refund to Egalet all amounts paid therefor, including shipping costs. To the extent Egalet, its Affiliates or its Contract Manufacturer, have been unable to use the purchased inventory in the Manufacture of the Product within [*****] following the Launch of the Product, Egalet may return such remaining purchased inventory to Acura for a refund (determined based on the unit costs provided in Exhibit 6.9).
Inventory Purchase. AI shall pay to Vysis in U.S. Dollars the net book value of the Inventory identified by AI in Schedule 3 up to Five Hundred Thousand Dollars ($500,000) within forty-five (45) days of the Closing by wire transfer. In regards to any additional Inventory identified by AI on Schedule 3 in excess of the $500,000 net book value limit (including demonstration units), AI shall make payment to Vysis within one hundred-eighty (180) days of the Closing by wire transfer.
Inventory Purchase. Immediately following Closing under the Land America Asset Purchase Agreement, Nautilus shall cause Buyer to purchase from Seller that portion of Seller’s Inventory not otherwise purchased pursuant to the Land America Asset Purchase Agreement. The purchase price for such Inventory (the “Inventory Purchase Price”), subject to adjustment as provided in this Agreement, shall be the RMB equivalent of Four Million Five Hundred Thousand U.S. Dollars (US$4,500,000) and shall be paid by wire transfer of such amount to Seller no later than five (5) Business Days following Closing according to the payment instructions delivered pursuant to the Land America Asset Purchase Agreement. Seller acknowledges that the Purchase Price for the Assets under the Land America Asset Purchase Agreement includes Five Hundred Thousand U.S. Dollars (US$500,000) as the estimated value of the work in process inventory included in Seller’s Inventory as of the Closing Date.
Inventory Purchase. 16.1 UTStarcom agrees to issue [***] firm purchase orders to P&C for the entire inventories listed below with delivery dates in [***] and [***]. Details of purchase price and shipment schedule are set forth in Attachment A, attached hereto and made a part hereof. The total Purchase price for Products listed below shall be [***] net paid to the account designated by P&C by the end of business hours of September 28th, 2006 in Korean time. CDM-8920SP [***] units [***] units [***] CDM-8940VW (shipped) [***] units [***] CDM-8940VW(stored in P&C) [***] units [***] CDM-180VW [***] units [***] CDM-8945VW [***] units [***] units [***] PC-5740VW [***] units [***]
16.2 Once the purchase is made for the entire inventories with the above prices, other than the indemnification and warranty obligations in Sections 11 and 15 above, P&C shall not have any additional responsibility whatsoever for the inventories and UTStarcom shall not ask for additional discount or MDF from P&C.
16.3 For whatever reason, if P&C fails to deliver the entire inventories stipulated in Article 16.1 by the end of October, P&C shall promptly refund the amount equivalent to the value of then-not-delivered inventories to UTStarcom.
Inventory Purchase. Upon expiration or termination of this Agreement, K-C shall (a) sell to Buyer and Buyer shall purchase the Finished Goods described in Exhibit C, to the extent that K-C holds such inventory, in amounts not to exceed 110% of the amounts described in each line item in Exhibit C and (b) sell to Buyer and Buyer shall purchase the Raw Materials described in Exhibit D, to the extent that K-C holds such inventory, in an aggregate amount not to exceed $250,476. In order to achieve the aggregate Raw Material inventory described above, K-C shall notify Buyer of any Raw Material purchase that would cause Raw Material Inventories to exceed the amounts described in Exhibit D. The price for the Finished Goods and Raw Materials shall be calculated as set forth in Exhibits B and D. Seller shall pay K-C for the Raw Material and Finished Goods within thirty (30) days after expiration or termination of this Agreement. K-C warrants that the Raw Material and Finished Goods supplied pursuant to this Section 5.03 are free from defects in material and workmanship. EXCEPT AS EXPRESSLY PROVIDED HEREIN, K-C MAKES NO EXPRESS OR IMPLIED WARRANTY INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FROM ANY COURSE OF DEALING OF TRADE USAGE REGARDING THE PRODUCT.
Inventory Purchase. In the event that Sellers’ customers listed on Schedule 9.6 (the “Repurchase Customers”) notify Sellers that they desire to return any gift wrap products ordered by such customers for the 2011 Christmas Season (collectively, the “Returned Products”), Sellers shall provide Buyer with notice of the desired returns and the opportunity to negotiate with such customers with respect to the terms and conditions of such return. In no event will Buyer repurchase any Returned Products that are damaged, not resalable or not contained in the original packaging. Within fifteen (15) business days after Buyer reaches agreement with Sellers and such customers with respect to Returned Products, Buyer shall purchase from Sellers all such Returned Products that are received by Buyer at its warehouse and that are undamaged, resalable and in original packaging. The purchase price to be paid by Buyer for such Returned Products shall be Sellers’ cost for such Returned Products, less freight costs incurred by Buyer to transport such Returned Products to Buyer, and such purchase price shall be paid by Buyer within thirty (30) days after Buyer’s receipt of such goods at Buyer’s warehouse. Buyer shall be responsible for arranging and paying for all transportation costs associated with Buyer’s purchase of the Returned Products, and title to such Returned Products shall pass to the Buyer upon receipt of such goods by Buyer or its designated shipper. In the event that Buyer determines not to purchase Returned Products as requested by a Repurchase Customer but Sellers agree to repurchase such products, Sellers and Buyer agree to meet to discuss a mutually agreeable disposition of such Returned Products.
Inventory Purchase. Upon the effective date of cancellation or termination of this Agreement by PYRAMID:
12.1. PYRAMID will purchase from WHOLESALER, and WHOLESALER will sell and deliver to PYRAMID at WHOLESALER’s premises, WHOLESALER’s inventory of the PRODUCTS that have “enjoy by” dates that are at least fifteen (15) days after the date WHOLESALER physically delivers these fully merchantable PRODUCTS to PYRAMID or its designated carrier (“Qualifying Inventory”). The purchase price for Qualifying Inventory will be WHOLESALER’s landed cost, consisting of original purchase price from PYRAMID invoices less any discounts, rebates, or adjustments, plus freight charges and taxes paid as documented to PYRAMID’s satisfaction by WHOLESALER, plus $20.00 handling charge per properly secured pallet of the Qualifying Inventory.
12.2. For PRODUCTS in WHOLESALER’s inventory that are not Qualifying Inventory, PYRAMID will pay WHOLESALER fifty percent (50%) of the amount it would have paid for purchase of such items under part 12.1 hereof, upon receipt of proof of destruction of those items in accordance with part 14 hereof.
Inventory Purchase. 2.1 SMTC agrees to purchase all NETRIX active system level inventory ("baseline inventory") presently located at the SMTC facility. SMTC shall pay NETRIX for baseline inventory within 45 days of the date materials are consumed. Notwithstanding the foregoing, SMTC shall cancel the purchase of any baseline inventory not consumed within 6 months of the date of this Agreement and NETRIX agrees to accept cancellation of the purchase of any such inventory. At that time, all unconsumed baseline inventory will be placed in a NETRIX owned stock location so that it may be utilized for repair/rework requirements, or in the event that there is future demand for the inventory. NETRIX shall have the risk of loss of any such unconsumed inventory.
2.2 SMTC will convert NETRIX P.O.'s for components with suppliers to SMTC P.O.'s, provided, however, that the quantity of components in NETRIX P.O.'s to be converted shall not exceed the quantity required for fulfilling NETRIX orders to SMTC for assemblies over a six month period beginning Oct. 1, 1999, or shall not exceed the suppliers minimum purchase quantities for a particular component whichever is more.
2.3 NETRIX agrees to pay for all Non-cancelable P.O. balances for any purchase order converted by SMTC in the event the ordered components are no longer needed by SMTC for any reason.
2.4 SMTC will accurately determine baseline inventory consumed and will provide monthly usage and forecasted usage reports. In addition, SMTC will provide NETRIX with reasonable access to audit baseline inventory.
2.5 SMTC will not apply Uplift to baseline inventory
Inventory Purchase. Supplier shall purchase from American, in cash or certified funds, the following inventory at the prices shown below. This inventory is to be used in support of American's landing gear requirements and in the event of termination of this agreement, American shall have the first right of refusal to purchase back at a mutually agreed upon price not to exceed the prices shown below.
