Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date.
Appears in 20 contracts
Samples: Loan and Security Agreement (Celcuity Inc.), Loan and Security Agreement (Rockwell Medical, Inc.), Loan and Security Agreement (Harrow Health, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of Borrower and its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, ’s customary practices as they exist at the Effective Date.
Appears in 6 contracts
Samples: Loan and Security Agreement (Acme United Corp), Loan and Security Agreement (Velo3D, Inc.), Loan and Security Agreement (Array Biopharma Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at as of the Effective Date.
Appears in 6 contracts
Samples: Loan and Security Agreement (Neuronetics, Inc.), Loan and Security Agreement (Neuronetics, Inc.), Loan and Security Agreement (Rezolute, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable conditioncondition in all material respects, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow in all material respects Borrower’s, or such Subsidiary’s, customary practices as they exist at in the Effective Dateordinary course of business.
Appears in 4 contracts
Samples: Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (Vapotherm Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defectsdefects in accordance with past practices. Returns and allowances between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at as of the Effective Date.
Appears in 4 contracts
Samples: Loan and Security Agreement (Alimera Sciences Inc), Loan and Security Agreement (Alimera Sciences Inc), Loan and Security Agreement (Alimera Sciences Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, as applicable, customary practices as they exist at the Effective Datepractices.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ardelyx, Inc.), Loan and Security Agreement (Ardelyx, Inc.), Loan and Security Agreement (Achaogen Inc)
Inventory; Returns. Keep all Inventory in good and marketable conditioncondition (ordinary wear and tear excepted), free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date.
Appears in 2 contracts
Samples: Loan and Security Agreement (Axcella Health Inc.), Loan and Security Agreement (Axcella Health Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than [*] individually or in the aggregate in any calendar year.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cytokinetics Inc), Loan and Security Agreement (Cytokinetics Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at in the Effective Dateordinary course of business.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices practices, as they exist at the Effective Dateapplicable.
Appears in 1 contract
Samples: Loan and Security Agreement (Arcutis Biotherapeutics, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Datepractices.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defectsdefects (ordinary wear and tear excepted). Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date.
Appears in 1 contract
Inventory; Returns. Keep all finished goods Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between BorrowerIssuer, or any of its Subsidiaries, and their respective Account Debtors shall follow BorrowerIssuer’s, or such Subsidiary’s, customary practices as they exist at the Effective Date.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date.Date or as otherwise approved in writing by the Collateral Agent in its discretion. 6.4
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defectsdefects except for Inventory for which adequate reserve have been made. Returns and allowances between Borrower, or any of its Subsidiaries, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Date.
Appears in 1 contract
Samples: Loan and Security Agreement (Aratana Therapeutics, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow in all material respects Borrower’s, or such Subsidiary’s, customary practices as they exist at as of the Effective Date. Borrower must promptly notify Collateral Agent and the Lenders of all permanent returns of Inventory that involve more than [***] individually or in the aggregate in any calendar year.
Appears in 1 contract
Samples: Loan and Security Agreement (GenMark Diagnostics, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at the Effective Dateapplicable.
Appears in 1 contract
Samples: Loan and Security Agreement (Spectrum Pharmaceuticals Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defectsdefects that could reasonably be expected to have a Material Adverse Change. Returns and allowances material to Borrower’s business between Borrower, or any of its Subsidiaries, as applicable, and their respective Account Debtors shall follow Borrower’s, or such Subsidiary’s, customary practices as they exist at as of the Effective Date.
Appears in 1 contract
