Common use of Inventory; Returns Clause in Contracts

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 this Agreement. 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 (Zars Inc/Ut), Loan and Security Agreement (Advanced Power Technology Inc)

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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 this Agreement. Borrower must promptly notify Bank of all returnsreturns (other than products returned in conjunction with product upgrades), recoveries, disputes and claims that involve more than $50,000250,000 in the aggregate in any twelve (12) month period.

Appears in 2 contracts

Samples: Loan and Security Agreement (Netlogic Microsystems Inc), Loan and Security Agreement (Netlogic Microsystems 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, practices as they exist at execution of this Agreementthe Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000100,000. Stock rotations that are in the ordinary course of business and are in accordance with a contractual obligation shall be excluded from this requirement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Lantronix 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, practices as they exist at execution of this Agreement. 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 (Transoma Medical Inc), Loan and Security Agreement (Endocardial 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 customary practices, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000500,000.

Appears in 2 contracts

Samples: Loan and Security Agreement (Saba Software Inc), Loan and Security Agreement (Saba Software Inc)

Inventory; Returns. Borrower will keep all material 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 execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000.

Appears in 2 contracts

Samples: Loan and Security Agreement (Optio Software Inc), Loan and Security Agreement (Optio Software 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, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000300,000, excluding distributor stock rotation.

Appears in 2 contracts

Samples: Loan and Security Agreement (California Micro Devices Corp), Loan and Security Agreement (California Micro Devices 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, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000200,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Occam Networks Inc/De)

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 execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000750,000.

Appears in 1 contract

Samples: Loan and Security Agreement (PortalPlayer, 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, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,00050,000 on a joint basis for all Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (I Flow Corp /De/)

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 execution of this Agreement. Borrower must promptly notify Bank of all credit only returns, recoveries, disputes and claims claims, that involve more than $50,0001,000,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Silicon Storage Technology 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, practices as they exist at execution of this 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 (Zynex Medical Holdings Inc)

Inventory; Returns. Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and arid allowances between Borrower and its account debtors will follow Borrower’s customary practices, practices as they exist at execution 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

Samples: Loan and Security Agreement (DemandTec, 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, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank when the aggregate value of all returns, recoveries, disputes and claims that involve with respect to a single customer involves more than $50,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Broadvision 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, practices as they exist at execution 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

Samples: Loan and Security Agreement (Sourcefire 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, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims by its account debtors that involve more than $50,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Dpac Technologies 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, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that would be likely to involve a loss or return of more than $50,000200,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Plumtree Software 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, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000.. 6.4

Appears in 1 contract

Samples: Loan and Security Agreement (Tanisys Technology 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, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Displaytech Inc)

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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 execution of this Agreement. Borrower must promptly notify Bank when the aggregate value of all returns, recoveries, disputes and claims that involve with respect to a single customer involves more than $50,000200,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Intraware 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, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000100,000.

Appears in 1 contract

Samples: Loan and Security Agreement Xata Corporation (Xata Corp /Mn/)

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, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000100,000, excluding distributor stock rotation.

Appears in 1 contract

Samples: Loan and Security Agreement (California Micro Devices 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, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than $50,000300,000 in the aggregate in any one fiscal year.

Appears in 1 contract

Samples: Loan and Security Agreement (Xenogen 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, practices as they exist at execution of this Agreementthe Closing Date. Borrower must promptly notify Bank Agent of all returns, recoveries, disputes and claims that involve more than $50,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Exodus 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 be in accordance with Borrower’s customary practices, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,000100,000.

Appears in 1 contract

Samples: Loan and Security Agreement (North American Scientific 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, practices as they exist at execution 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

Samples: Loan and Security Agreement (Omnicell Inc /Ca/)

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, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank Agent of all returns, recoveries, disputes and claims claims, that involve more than $50,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Onyx Software Corp/Wa)

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, practices as they exist at execution 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 condition, free from material defects. Returns Returns, concessions and allowances between Borrower and its account debtors will follow Borrower’s 's customary practices, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank of all any returns, concessions, recoveries, disputes and claims claims, that involve more than $50,000100,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Witness 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 customary practices, practices as they exist at execution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than $50,0001,000,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Roxio 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, practices as they exist at execution 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 1 contract

Samples: Loan and Security Agreement (Harmonic Inc)

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