Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000.
Appears in 6 contracts
Samples: Loan and Security Agreement (Jamdat Mobile Inc), Loan and Security Agreement (Array Biopharma Inc), Loan and Security Agreement (Ecollege Com)
Inventory; Returns. Borrower will keep all Inventory inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Dateexecution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000.
Appears in 3 contracts
Samples: Loan and Security Agreement (Netscout Systems Inc), Loan and Security Agreement (Quokka Sports Inc), Loan and Security Agreement (Webridge Inc)
Inventory; Returns. Borrower will shall keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will shall follow Borrower's customary practices as they exist at the Closing Date. Borrower must promptly notify Bank Agent of all returns, recoveries, disputes and claims claims, that involve more than Fifty Thousand Dollars ($50,00050,000.00).
Appears in 3 contracts
Samples: Term Loan and Security Agreement (A123 Systems, Inc.), Term Loan and Security Agreement (A123 Systems Inc), Term Loan and Security Agreement (A123 Systems, Inc.)
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's ’s customary practices as they exist at the Closing Dateexecution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000250,000.
Appears in 3 contracts
Samples: Loan and Security Agreement (Drugstore Com Inc), Loan and Security Agreement (Paradigm Genetics Inc), Loan and Security Agreement (Skinmedica Inc)
Inventory; Returns. Borrower Borrowers will keep all Inventory Inventory, if any, in good and marketable condition, free from material defects. Returns and allowances between each Borrower and its account debtors will follow such Borrower's customary practices as they exist at the Closing Date. Borrower Borrowers must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000.
Appears in 2 contracts
Samples: Loan and Security Agreement (Kanbay International Inc), Loan and Security Agreement (Kanbay International Inc)
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Dateexecution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000100,000.
Appears in 2 contracts
Samples: Loan and Security Agreement (Synthetech Inc), Loan and Security Agreement (Loudeye Corp)
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's ’s customary practices as they exist at the Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000.
Appears in 2 contracts
Samples: Loan and Security Agreement (Pharsight Corp), Loan and Security Agreement (Click2learn Com Inc)
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Dateexecution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000occur after the occurrence and during the continuance of an Event of Default.
Appears in 2 contracts
Samples: Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Harmonic Inc)
Inventory; Returns. Each of Borrower and its Subsidiaries will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Date. Borrower must promptly notify Bank Lender of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($50,000100,000.00).
Appears in 2 contracts
Samples: Loan and Security Agreement (Breakaway Solutions Inc), Loan and Security Agreement (Breakaway Solutions Inc)
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's Borrower s customary practices as they exist at the Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000150,000.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hearme), Loan and Security Agreement (Hearme)
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at execution of the Closing DateAgreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000.
Appears in 2 contracts
Samples: Loan and Security Agreement (Esperion Therapeutics Inc/Mi), Loan and Security Agreement (Esperion Therapeutics Inc/Mi)
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at execution of the Closing DateAgreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,00050,000 in any one instance.
Appears in 2 contracts
Samples: Loan and Security Agreement (Stereotaxis, Inc.), Loan and Security Agreement (Stereotaxis, Inc.)
Inventory; Returns. Borrower will shall keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will shall follow Borrower's customary practices as they exist at the Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than Fifty Thousand Dollars ($50,00050,000.00), for each such return, recovery, dispute or claim.
Appears in 1 contract
Inventory; Returns. Borrower will shall keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will shall follow Borrower's ’s customary practices as they exist at the Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than Fifty Thousand Dollars ($50,00050,000.00)." and inserting in lieu thereof the following:
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Inventory; Returns. Borrower will shall keep all Inventory in good and marketable condition, free from material defectsdefects normal wear and tear excepted. Returns and allowances between Borrower and its account debtors will shall follow Borrower's customary practices as they exist at the Closing Date. Borrower must shall promptly notify Bank of all returns, recoveries, disputes and claims that involve more than Fifty Thousand Dollars ($50,00050,000.00).
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000100,000.
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Inventory; Returns. Borrower will shall keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will shall follow Borrower's customary practices as they exist at the Closing Effective Date. Borrower must promptly notify Bank Lenders of all returns, recoveries, disputes and claims that claims, which involve more than $50,000.
Appears in 1 contract
Samples: Loan and Security Agreement (SGX Pharmaceuticals, Inc.)
Inventory; Returns. Each Borrower will keep all its Inventory in good and marketable condition, free from material defects. Returns and allowances between each Borrower and its account debtors will follow such Borrower's customary practices as they exist at the Closing Date. Each Borrower must promptly notify Bank of all returns, recoveries, disputes disputes, and claims that involve more than $50,000.
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Datepractices. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000250,000.
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors Account Debtors will follow Borrower's customary practices as they exist at the Closing Dateexecution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000.
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000100,000.
Appears in 1 contract
Samples: Loan and Security Agreement (Egain Communications Corp)
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than Fifty Thousand Dollars ($50,00050,000.00).
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,00050,000.00 per occurrence.
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at on the Closing Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000500,000.
Appears in 1 contract
Inventory; Returns. Borrower will shall keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will shall follow Borrower's customary practices as they exist at the Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than Two Hundred and Fifty Thousand Dollars ($50,000250,000.00).
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and marketable conditioncondition (except for ordinary wear and tear), free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Dateexecution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000100,000.
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. defects Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Dateexecution of this Agreement. Borrower must promptly notify Bank of all returns, . recoveries, disputes and claims claims, that involve more than $50,000.
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices practices, as they exist at the Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000.
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and ------------------ marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Date. Borrower must promptly notify Bank Lenders of all returns, recoveries, disputes and claims that involve more than $50,000.
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Dateexecution of this Agreement. Borrower must promptly notify Bank of all returnsreturns (excluding exchanges), recoveries, disputes and claims claims, that involve more than $50,000100,000 when there are outstanding Advances.
Appears in 1 contract
Samples: Loan and Security Agreement (Interpore International /Ca/)
Inventory; Returns. Borrower will keep all Inventory in good and marketable conditioncondition (except for ordinary wear and tear), free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Dateexecution of this Exim Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000100,000.
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Dateexecution of this Exim Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000.
Appears in 1 contract
Samples: Loan and Security Agreement (Daleen Technologies Inc)
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Date. Borrower must promptly notify Bank the Payment Agent of all returns, recoveries, disputes and claims that involve more than $50,00010% of Borrower's gross sales for any month.
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Dateexecution of this Agreement. Borrower must promptly notify Bank of all any returns, recoveries, disputes and claims claims, that involve more than $50,000100,000.
Appears in 1 contract
Samples: Loan and Security Agreement (Abovenet Communications Inc)
Inventory; Returns. Borrower will keep all Inventory in good and ------------------ marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's customary practices as they exist at the Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000.
Appears in 1 contract
Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its account debtors will follow Borrower's ’s customary practices as they exist at the Closing Date. Borrower must promptly notify Bank of all returnseach return, recoveriesrecovery, disputes dispute and claims claim that involve involves more than $50,000500,000.
Appears in 1 contract