Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 64 contracts
Samples: Loan and Security Agreement (Anda Networks Inc), Loan and Security Agreement (Rf Micro Devices Inc), Loan and Security Agreement (Invision Technologies Inc)
Inventory; Returns. Borrower shall keep all Inventory in good and marketable merchantable condition, free from all material defectsdefects 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 the execution and delivery of this AgreementClosing Date. 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 One Hundred Thousand Dollars ($50,000100,000).
Appears in 21 contracts
Samples: Loan and Security Agreement (Augmedix, Inc.), Loan and Security Agreement, Loan and Security Agreement (K2 Therapeutics, Inc.)
Inventory; Returns. Borrower shall keep all Inventory in good and ------------------ marketable condition, free from all material defects. 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 14 contracts
Samples: Loan and Security Agreement (Corsair Communications Inc), Loan and Security Agreement (Copper Mountain Networks Inc), Loan and Security Agreement (Curon Medical Inc)
Inventory; Returns. Borrower shall will keep all Inventory in good and marketable condition, free from all material defects. Returns and allowances, if any, as allowances between Borrower and its account debtors shall be on the same basis and in accordance with the usual will follow Borrower's customary practices of Borrower, as they exist at the time of the execution and delivery of this Agreement. Borrower shall must promptly notify Bank of all returns and recoveries and of all returns, recoveries, disputes and claims, where the return, recovery, dispute or claim involves claims that involve more than Fifty Thousand Dollars ($50,000).
Appears in 7 contracts
Samples: Loan and Security Agreement (Health Grades Inc), Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Digitalthink Inc)
Inventory; Returns. Borrower shall keep all Inventory in good ------------------ and marketable condition, free from all material defects. 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 6 contracts
Samples: Loan and Security Agreement (Inktomi Corp), Loan Agreement (Ultradata Corp), Loan and Security Agreement (Manhattan Associates Inc)
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 6 contracts
Samples: Loan and Security Agreement (Ilx Lightwave Corp), Loan and Security Agreement (Nuko Information Systems Inc /Ca/), Loan and Security Agreement (Bluestone Software Inc)
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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)100,000.00.
Appears in 5 contracts
Samples: Loan and Security Agreement (Imanage Inc), Loan and Security Agreement (Imanage Inc), Loan and Security Agreement (Imanage Inc)
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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)50,000.00.
Appears in 5 contracts
Samples: Annual Report, Annual Report, Loan and Security Agreement (Harmonic Lightwaves Inc)
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 3 contracts
Samples: Loan and Security Agreement (Headway Technologies Inc), Loan and Security Agreement (Ross Technology Inc), Loan and Security Agreement (Visual Networks Inc)
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 3 contracts
Samples: Loan and Security Agreement (Laserscope), Loan and Security Agreement (Cardiac Pathways Corp), Loan and Security Agreement (Photon Dynamics Inc)
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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. 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 (Maker Communications Inc), Loan and Security Agreement (Maker Communications Inc)
Inventory; Returns. Borrower shall keep all Inventory inventory in good and marketable condition, free from all material defects. 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 (Va Linux Systems Inc), Revolving Credit and Term Loan & Security Agreement (Motorvac Technologies Inc)
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 (Vista Medical Technologies Inc), Loan and Security Agreement (Vista Medical Technologies Inc)
Inventory; Returns. Borrower shall keep all Inventory in good and ------------------ marketable condition, free from all material defects. 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)100,000.00.
Appears in 1 contract
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 1 contract
Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and marketable condition, free from all material defects. Returns and allowances, if any, as between any Borrower 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 One Hundred Thousand Dollars ($50,000100,000).
Appears in 1 contract
Samples: Loan and Security Agreement (Simione Central Holdings Inc)
Inventory; Returns. Borrower shall keep all Inventory inventory in good and ------------------ marketable condition, free from all material defects. 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 from time of the execution and delivery of this Agreementto time. 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
Inventory; Returns. Borrower shall keep all Inventory in good and ----------------- marketable condition, free from all material defects. 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 1 contract
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 1 contract
Inventory; Returns. Each Borrower shall keep all Inventory in ------------------ good and marketable condition, free from all material defects. 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. 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 (SQL Financials International Inc /De)
Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and marketable condition, free from all material defects. 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 Two Hundred Thousand Dollars ($50,000200,000).
Appears in 1 contract
Inventory; Returns. Borrower shall keep all Inventory in ------------------ good and marketable condition, free from all material defects. 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
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 Servicing Agent of all returns and recoveries and of all disputes and claims, where the return, " recovery, dispute or claim involves more than Fifty Thousand Two Million Dollars ($50,0002,000,000).
Appears in 1 contract
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects, subject to normal wear and tear. 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 1 contract
Inventory; Returns. Borrower shall keep all Inventory in good and marketable conditioncondition in all material respects, free from all material defects. 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 Servicing 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
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 which exceed 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 1 contract
Samples: Senior Subordinated Loan and Security Agreement (Ross Technology Inc)
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 Servicing Agent 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 (Integrated Packaging Assembly Corp)
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 Servicing Agent of all returns and recoveries and of all disputes and claims, where the return, recovery, dispute or claim involves more than Fifty Thousand Two Million Dollars ($50,0002,000,000).
Appears in 1 contract
Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and marketable condition, free from all material defects. 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 the 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 (Moldflow Corp)
Inventory; Returns. Borrower shall keep all Inventory in ------------------ good and marketable condition, free from all material defects. Returns and allowancesallowance, 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
Inventory; Returns. Borrower shall keep all its Inventory in good and ------------------ marketable condition, free from all material defects. 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
Inventory; Returns. Borrower shall keep all Inventory in good ------------------ and marketable condition, free from all material defects, subject to normal wear and tear. 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
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 any return, recovery, dispute or claim involves more than Fifty Thousand Dollars ($50,000).
Appears in 1 contract
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 Agreement (Tripath Imaging Inc)
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 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
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 fifty Thousand Dollars ($50,000).
Appears in 1 contract
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 and No/100 Dollars ($50,00050,000.00).
Appears in 1 contract
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 of inventory 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
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from from. all material defects. 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 (Invision Technologies Inc)
Inventory; Returns. Each Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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. 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 Thousand Dollars ($50,000).
Appears in 1 contract
Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and marketable condition, free from all material defects. 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
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. Returns and Ream xxx 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 1 contract
Inventory; Returns. Borrower shall keep all Inventory in good and marketable condition, free from all material defects. 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 (Safeguard Health Enterprises Inc)
Inventory; Returns. Borrower shall keep all Inventory in good and ---- ------------------ marketable condition, free from all material defects. 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 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 ($50,0001,000,000.00).
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Ikos Systems Inc)