Common use of Inventory; Returns Clause in Contracts

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 19 contracts

Samples: Loan and Security Agreement, Loan Agreement (Poniard Pharmaceuticals, Inc.), Loan and Security Agreement (Bazaarvoice Inc)

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Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than Two Hundred Fifty Thousand Dollars ($100,000250,000).

Appears in 11 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (GLAUKOS Corp), Loan and Security Agreement (Verenium Corp)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 7 contracts

Samples: Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000500,000.

Appears in 4 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Masergy Communications Inc), Loan and Security Agreement (Infinera Corp)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000250,000.

Appears in 3 contracts

Samples: Loan and Security Agreement (Verenium Corp), Loan and Security Agreement (Nexsan Corp), Loan and Security Agreement (Aldagen Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than Two Hundred Thousand Dollars ($100,000200,000).

Appears in 3 contracts

Samples: Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Roka BioScience, Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable 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 on at the Closing Date. Borrower shall promptly notify Bank time of all returns the execution and recoveries and delivery of all disputes and claims involving more than $100,000this Agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (Scientific Learning Corp), Loan Agreement (Scientific Learning Corp), Loan and Security Agreement (Aspect Medical Systems Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Hundred Thousand Dollars ($100,000).

Appears in 3 contracts

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

Inventory; Returns. Borrower shall keep Keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 2 contracts

Samples: Loan and Security Agreement (Multimedia Games Inc), Loan and Security Agreement (Multimedia Games Inc)

Inventory; Returns. Such Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. 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 such Borrower, as they exist on the Closing Date. Each Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Hundred Thousand Dollars ($100,000100,000.00).

Appears in 2 contracts

Samples: Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)

Inventory; Returns. Each Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. 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 such Borrower, as they exist on the Closing Date. Administrative Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,00050,000.

Appears in 2 contracts

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

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than Five Hundred Thousand Dollars ($100,000500,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (Wind Power Holdings Inc), Loan and Security Agreement (Wind Power Holdings Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,00050,000.

Appears in 2 contracts

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

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank Lender of all returns and recoveries and of all disputes and claims involving more than Two Hundred Thousand Dollars ($100,000200,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Roka BioScience, Inc.)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and 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 Borrowers and its account debtors shall be on the same basis and in accordance with the usual customary practices of BorrowerBorrowers, as they exist on the Closing Date. Borrower Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving which could reasonably be expected to result in a loss of more than One Hundred Thousand Dollars ($100,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims with respect to Borrower involving more than Two Hundred Fifty Thousand Dollars ($100,000250,000).

Appears in 2 contracts

Samples: Loan and Security Agreement (Seres Health, Inc.), Loan and Security Agreement (Seres Health, Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Hundred Thousand Dollars ($100,000100,000.00).

Appears in 2 contracts

Samples: Loan and Security Agreement (NephroGenex, Inc.), Loan and Security Agreement (Cas Medical Systems Inc)

Inventory; Returns. Borrower shall keep all Inventory (if any) in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than Two Hundred Fifty Thousand Dollars ($100,000250,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Trubion Pharmaceuticals, Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. , Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Hundred Thousand Dollars ($100,000100,000.00).

Appears in 1 contract

Samples: Loan and Security Agreement (Cas Medical Systems Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable 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, Borrower as they exist on the Closing Datereasonably established from time to time. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving claims, where the return, recovery, dispute or claim involves more than Five Hundred Thousand Dollars ($100,000500,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Tippingpoint Technologies Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 substantially the same basis and substantially in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than Five Hundred Thousand Dollars ($100,000500,000).

Appears in 1 contract

Samples: Loan and Security Agreement (LDR Holding Corp)

Inventory; Returns. Borrower shall use commercially reasonable efforts to keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Hundred Thousand ($100,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Regado Biosciences Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Effective Date. Borrower shall promptly notify Bank Lender of all returns and recoveries and of all disputes and claims involving more than $100,000250,000.

Appears in 1 contract

Samples: Subordinated Term Loan and Security Agreement (Sonim Technologies Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Hundred Thousand Dollars ($100,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Safeguard Scientifics Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all returns, recoveries, disputes and or claims involving more than $100,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Irvine Sensors Corp/De/)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Million Dollars ($100,0001,000,000).

Appears in 1 contract

Samples: Loan and Security Agreement (On24 Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all any related disputes and claims involving more than One Hundred Thousand Dollars ($100,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Vitalstream Holdings Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000500,000.00.

Appears in 1 contract

Samples: Loan and Security Agreement (Northern Power Systems Corp.)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 in the same basis and in accordance with the usual customary practices ordinary course of Borrower, as they exist on the Closing Date’s business. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than Two Hundred Fifty Thousand Dollars ($100,000250,000).

Appears in 1 contract

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

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all payment disputes and claims from customers involving more than $100,0001,000,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Asyst Technologies Inc /Ca/)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving claims, where the return, recovery, dispute or claim involves more than Two Hundred Fifty Thousand Dollars ($100,000250,000).

Appears in 1 contract

Samples: Loan and Security Agreement (BlackSky Technology Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than Two Hundred Fifty Thousand Dollars ($100,000250,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Upek Inc)

Inventory; Returns. Each Borrower shall keep all Inventory in good and merchantable marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between any Borrower and its its 12. account debtors shall be on the same basis and in accordance with the usual customary practices of such Borrower, as they exist on the Closing Date. Each Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Inphonic Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 accordance 8. with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Zonare Medical Systems Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Hundred Fifty Thousand Dollars ($100,000150,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Cerus Corp)

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Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,00075,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Spy Optic Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Hundred Thousand Dollars ($100,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Genoptix Inc)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and merchantable 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 on the Closing Date. Borrower Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000250,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Proteinsimple)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and merchantable 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 on the Closing Date. Borrower Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Hundred Thousand Dollars ($100,000).

Appears in 1 contract

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

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing DateDate or as Borrower shall otherwise notify Bank from time to time. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000250,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Nanometrics Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves (in accordance with GAAP) 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims each return, recovery, dispute or claim involving more than $100,000150,000 of Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Orasure Technologies Inc)

Inventory; Returns. Each Borrower shall keep all Inventory in good and merchantable marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. 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 such Borrower, as they exist on the Closing Date. Each Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Inphonic Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 substantially the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000175,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Citadel Security Software Inc)

Inventory; Returns. Borrower shall keep all Inventory (if any) in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Traffic.com, Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable 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 ordinary course of business of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving claims, where the return, recovery, dispute or claim involves more than One Hundred Thousand Dollars ($100,000100,000.00).

Appears in 1 contract

Samples: Loan and Security Agreement (Arcturus Therapeutics Ltd.)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and merchantable 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 on the Closing Date. Borrower Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Jamdat Mobile Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000100,000.00.

Appears in 1 contract

Samples: Loan and Security Agreement (Biolase, Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000100,000 in the aggregate over any 12-month period.

Appears in 1 contract

Samples: Loan and Security Agreement (Provide Commerce Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Vastera Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing DateDate or as the Borrower determines in its business judgment is in the best interest of the Borrower. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000500,000.

Appears in 1 contract

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

Inventory; Returns. Each Borrower shall keep all Inventory in good and 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 on the Closing Date. A Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Hundred Thousand Dollar ($100,000).

Appears in 1 contract

Samples: Loan Agreement (PointClickCare Corp.)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable 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 on the Closing Date. Each Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Hundred Thousand Dollars ($100,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Limeade, Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than Five Hundred Thousand Dollars ($100,000500,000.00).

Appears in 1 contract

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

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Hundred Thousand ($100,000).

Appears in 1 contract

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

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,0002,500,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Opentable Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects condition 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 on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than One Million Dollars ($100,0001,000,000).

Appears in 1 contract

Samples: Loan and Security Agreement (Array Biopharma Inc)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and merchantable 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 on the Closing Date. Borrower Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Pfsweb Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and 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 on the Closing Date. Borrower shall promptly notify Bank of all any sales returns and recoveries and of all any inventory-related disputes and claims involving which individually involve more than $100,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Biolase Technology Inc)

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