Common use of Inventory; Returns Clause in Contracts

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 47 contracts

Samples: Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (Streamline Health Solutions Inc.), Loan and Security Agreement (Backblaze, Inc.)

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Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty One Hundred Thousand Dollars ($50,000100,000).

Appears in 24 contracts

Samples: Loan and Security Agreement (ThredUp Inc.), Loan and Security Agreement (ThredUp Inc.), Loan and Security Agreement

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Two Hundred Fifty Thousand Dollars ($50,000250,000).

Appears in 16 contracts

Samples: Loan and Security Agreement (Realnetworks Inc), Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Quicklogic Corporation)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower Borrowers and its their account debtors shall be on the same basis and in accordance with the usual customary practices of BorrowerBorrowers, as they exist at the time of the execution and delivery of this Agreement. Borrower Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 7 contracts

Samples: Loan and Security Agreement (IBEX LTD), Loan and Security Agreement (IBEX LTD), Loan and Security Agreement (Catasys, Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank Lender of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 4 contracts

Samples: Loan and Security Agreement (Vuzix Corp), Assignment and Assumption Agreement (Lc Capital Master Fund LTD), Assignment and Assumption Agreement (Vuzix Corp)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, any as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank Lenders of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Two Hundred Fifty Thousand Dollars ($50,000250,000).

Appears in 4 contracts

Samples: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and marketable condition, condition and free from all material defects defects, except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower Borrowers and its account debtors shall be on the same basis and in accordance with the usual customary practices of BorrowerBorrowers, as they exist at the time of the execution and delivery of this Agreement. Borrower Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 4 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Uni-Pixel), Loan and Security Agreement (Uni-Pixel)

Inventory; Returns. Each Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between each Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of such Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower Borrowers shall promptly notify Bank Agent of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 4 contracts

Samples: Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Five Hundred Thousand Dollars ($50,000500,000).

Appears in 4 contracts

Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (Adnexus Therapeutics, Inc.), Loan and Security Agreement (Seebeyond Technology Corp)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this AgreementAgreement as they may arise in the ordinary course of business. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty One Hundred Thousand Dollars ($50,000100,000).

Appears in 4 contracts

Samples: Loan and Security Agreement (EverQuote, Inc.), Loan and Security Modification Agreement, Loan and Security Modification Agreement (EverQuote, Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000)100,000.

Appears in 3 contracts

Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)

Inventory; Returns. Borrower shall keep all material Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 3 contracts

Samples: Loan and Security Agreement (Evolving Systems Inc), Loan Agreement (Evolving Systems Inc), Loan and Security Agreement (Evolving Systems Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at on the time of Closing Date, or as is standard in the execution industry and delivery of this Agreementreasonably acceptable to Bank. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves claims involving more than Fifty Five Hundred Thousand Dollars ($50,000500,000.00).

Appears in 3 contracts

Samples: Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and marketable condition, condition and free from all material defects defects, except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower Borrowers and its account debtors shall be on the same basis and in accordance with the usual customary practices of BorrowerBorrowers, as they exist at the time of the execution and delivery of this Agreement. Borrower Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Two Hundred Fifty Thousand Dollars ($50,000250,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects defects, except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Two Hundred Fifty Thousand Dollars ($50,000250,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (Cytosorbents Corp), Loan and Security Agreement (Cytosorbents Corp)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower Borrowers and its their account debtors shall be on the same basis and in accordance with the usual customary practices of BorrowerBorrowers, as they exist at the time of the execution and delivery of this Agreement. Borrower Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty One Hundred Thousand Dollars ($50,000100,000).

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Lightpath Technologies Inc)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and marketable condition, condition and free from all material defects defects, except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower Borrowers and its account debtors shall be on the same basis and in accordance with the usual customary practices of BorrowerBorrowers, as they exist at the time of the execution and delivery of this Agreement. Borrower Borrowers shall promptly notify Bank Administrative Agent of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Five Hundred Thousand Dollars ($50,000500,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects (ordinary wear and tear excepted) except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on in the same basis ordinary course of business and in accordance with the usual customary practices of Borrower, as they exist at Borrower consistent with past practices prior to the time of the execution and delivery date of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (Five9, Inc.), Loan and Security Agreement (Five9, Inc.)

Inventory; Returns. Borrower shall keep all Inventory Inventory, if any, in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (MR2 Group, Inc.), Loan and Security Agreement (MR2 Group, Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Two Hundred Thousand Dollars ($50,000200,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute dispute, or claim involves more than Two Hundred Fifty Thousand Dollars ($50,000250,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (Inari Medical, Inc.), Loan and Security Agreement (Inari Medical, Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been madedefects, subject to normal wear and tear and normal obsolescence due to the technological basis of such Inventory. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (Accrue Software Inc), Loan and Security Agreement (Verity Inc \De\)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Two Hundred and Fifty Thousand Dollars ($50,000250,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (Fennec Pharmaceuticals Inc.), Loan and Security Agreement (Auxilium Pharmaceuticals Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than One Hundred Fifty Thousand Dollars ($50,000150,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (Proxim Wireless Corp), Loan and Security Agreement (Crystal Decisions Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty One Hundred Thousand Dollars ($50,000)100,000) in the aggregate.

Appears in 2 contracts

Samples: Loan and Security Agreement (GigOptix, Inc.), Loan and Security Agreement (GigOptix, Inc.)

Inventory; Returns. Borrower shall keep all Inventory Inventory, as applicable, in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Two Hundred Fifty Thousand Dollars ($50,000250,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Zedge, Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, substantially as they such practices exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Five Hundred Thousand Dollars ($50,000500,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Maxwell Technologies Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors Account Debtors shall be on the same basis and in accordance with GAAP, consistently applied, or with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank Agent of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Two Hundred and Fifty Thousand Dollars ($50,000250,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Urgent.ly Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good ------------------ and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Pointshare Corp)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank Agent of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty One Hundred Thousand Dollars ($50,000100,000).

Appears in 1 contract

Samples: Loan and Security Agreement (ThredUp Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand One Million Dollars ($50,0001,000,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Silicon Image Inc)

Inventory; Returns. Borrower shall keep or cause to be kept all Inventory in good and marketable condition, free from all material defects (other than material defects in the ordinary course of Borrower’s business) except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Five Million Dollars ($50,0005,000,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Biomarin Pharmaceutical Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on substantially the same basis and substantially in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Lime Energy Co.)

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Inventory; Returns. Borrower shall keep all Inventory (if any) in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Five Hundred Thousand Dollars ($50,000500,000).

Appears in 1 contract

Samples: Loan and Security Agreement (TechTarget Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, condition and free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claimsclaims respecting inventory, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Bridgeline Digital, Inc.)

Inventory; Returns. Each Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between such Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of such Borrower, as they exist at the time of the execution and delivery of this Agreement. Each Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty One Hundred Thousand Dollars ($50,000100,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Icad Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been been. made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, ; where the return, recovery, dispute or claim involves more than Two Hundred Fifty Thousand Dollars ($50,000250,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Quovadx Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at on the time Closing Date or as the Borrower determines in its business judgment is in the best interest of the execution and delivery of this AgreementBorrower. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves claims involving more than Fifty Thousand Dollars ($50,000)500,000.

Appears in 1 contract

Samples: Loan and Security Agreement (NeuroMetrix, Inc.)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower Borrowers and its account debtors shall be on the same basis and in accordance with the usual customary practices of BorrowerBorrowers, as they exist at the time of the execution and delivery of this Agreement. Borrower Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Auxilio Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank Agent of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Five Hundred Thousand Dollars ($50,000500,000.00).

Appears in 1 contract

Samples: Loan and Security Agreement (Ammo, Inc.)

Inventory; Returns. Such Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between such Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of such Borrower, as they exist at the time of the execution and delivery of this Agreement. Such Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim with respect to Inventory involves more than Seven Hundred Fifty Thousand Dollars ($50,000750,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Northern Star Acquisition Corp.)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty One Hundred Thousand Dollars ($50,000100,000.00).

Appears in 1 contract

Samples: Loan and Security Agreement (iSpecimen Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for ordinary wear and tear and Inventory for which adequate reserves have been made. Returns If applicable, returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Two Hundred Fifty Thousand Dollars ($50,000250,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Rigel Pharmaceuticals Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and ------------------ marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 1 contract

Samples: Loan Agreement (Logicvision Inc)

Inventory; Returns. Borrower shall keep all Inventory in ------------------ good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Logicvision Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank Lender of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Two Hundred Fifty Thousand Dollars ($50,000250,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Focus Enhancements Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except defects, subject to recorded reserves for Inventory for which adequate reserves have been madeobsolete inventory. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Sonus Networks Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and ------------------ marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Five Hundred Thousand Dollars ($50,000500,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Loudeye Technologies Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand One Million Dollars ($50,0001,000,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Calico Commerce Inc/)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty One Million Five Hundred Thousand Dollars ($50,0001,500,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Therma Wave Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors Account Debtors shall be on the same basis and in accordance with GAAP, consistently applied, or with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank Agent of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Five Hundred Thousand Dollars ($50,000500,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Tempo Automation Holdings, Inc.)

Inventory; Returns. Borrower shall keep all Inventory (if any) in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Backblaze, Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors Account Debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank Lender of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Qumu Corp)

Inventory; Returns. Each Borrower shall keep all Inventory in good and marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between a Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of such Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Vaughan Foods, Inc.)

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