Common use of Inventory Taking Clause in Contracts

Inventory Taking. Commencing on the Sale Commencement Date, Merchant and Agent shall cause to be taken a SKU and retail physical inventory of the Merchandise located in the Stores (the "Inventory Taking"), which Inventory Taking shall be completed in all of the Stores no later than five (5) days after the Sale Commencement Date (the "Inventory Completion Date", and the date of the Inventory Taking at each Store being the "Inventory Date" for each such Store). Merchant and Agent shall jointly employ RGIS or another mutually acceptable independent inventory taking service (the "Inventory Taking Service") to conduct the Inventory Taking. The Inventory Taking shall be conducted in accordance with the procedures and instructions attached hereto as Exhibit 5.1 (the "Inventory Taking Instructions"). As an Expense, Agent shall be responsible for 50% of the fees and expenses of the Inventory Taking Service. The balance of such fees and expenses shall be paid by Merchant. Except as provided Section 4.1(n) and the immediately preceding sentence, Merchant and Agent shall each bear their respective costs and expenses relative to the Inventory Taking. Merchant and Agent shall each have representatives present during the Inventory Taking, and shall each have the right to review and verify the listing and tabulation of the Inventory Taking Service. Merchant agrees that during the conduct of the Inventory Taking in each of the Stores, the applicable Stores shall be closed to the public and no sales or other transactions shall be conducted. Agent shall provide Merchant with a budget concerning the cost of the Inventory Taking prior to the Sale Commencement Date.

Inventory Taking. Commencing on the Sale Commencement Date, Merchant and Agent shall cause to be taken (i) a SKU Retail Price physical inventory, and retail physical (ii) an "SKU" inventory of the Merchandise located in the Stores (the "Inventory TakingINVENTORY TAKING"), which Inventory Taking shall be completed in all ) commencing at the close of business at the Stores on a date mutually agreed upon by Agent and Merchant, but in no event later than five August 1, 1997 (5) days after the Sale Commencement Date (the "Inventory Completion Date", and the date of the Inventory Taking at each Store being the "Inventory DateINVENTORY DATE" for each such Store). Merchant and Agent shall jointly employ RGIS or another mutually acceptable independent inventory taking service (the "Inventory Taking Service") to conduct the Inventory Taking. The Inventory Taking shall be conducted in accordance with the procedures and instructions attached hereto as Exhibit 5.1 (the "Inventory Taking Instructions"). As an Expense, Agent shall be responsible for 50% of the costs and fees and expenses of the Inventory Taking Service. The inventory taking service as an Expense hereunder, and the balance of such costs and fees and expenses shall be paid by Merchant. Except as provided Section 4.1(n) and in the immediately preceding sentence, Merchant and Agent shall each bear their respective costs and expenses relative to the Inventory Taking. Merchant and Agent shall each have representatives present during the Inventory Taking, and shall each have the right to review and verify the listing and tabulation of the Inventory Taking Serviceinventory taking service. Merchant agrees that during the conduct of the Inventory Taking in at each of the Stores, the applicable Stores Store such Store shall be closed to the public and no sales or other transactions shall be conducted. Agent shall provide Merchant with a budget concerning The procedures to be used in the cost conduct of the Inventory Taking and its verifications are set forth on EXHIBIT 5.1 attached hereto. In order to facilitate the Inventory Taking, Merchant agrees to make its SKU data files and related computer hardware and software available to Agent and the inventory taking service prior to the Sale Commencement Inventory Date.

Inventory Taking. Commencing on the Sale Commencement Date, Merchant and Agent shall cause to be taken (i) a SKU Retail Price physical inventory, and retail physical (ii) an "SKU" inventory of the Merchandise located in the Stores (the "Inventory Taking"), which Inventory Taking shall be completed in all ) commencing at the close of business at each of the Stores on a date mutually agreed upon by Agent and Merchant, but in no event later than five December 14, 2000 (5) days after the Sale Commencement Date (the "Inventory Completion Date", and the date of the Inventory Taking at each Store being the "Inventory Date" for each such Store). Merchant and Agent shall jointly employ RGIS or another mutually acceptable independent inventory taking service (the "Inventory Taking Service") to conduct the Inventory Taking. The Inventory Taking shall be conducted in accordance with the procedures and instructions attached hereto as Exhibit 5.1 (the "Inventory Taking Instructions"). As an Expense, Agent shall be responsible for 50% of the costs and fees and expenses of the Inventory Taking Service. The inventory taking service as an Expense hereunder, and the balance of such costs and fees and expenses shall be paid by Merchant. Except as provided Section 4.1(n) and in the immediately preceding sentence, Merchant and Agent shall each bear their respective costs and expenses relative to the Inventory Taking. Merchant and Agent shall each have representatives present during the Inventory Taking, and shall each have the right to review and verify the listing and tabulation of the Inventory Taking Serviceinventory taking service. Merchant agrees that during the conduct of the Inventory Taking in at each of the Stores, the applicable Stores Store such Store shall be closed to the public and no sales or other transactions shall be conducted. Agent shall provide Merchant with a budget concerning The procedures to be used in the cost conduct of the Inventory Taking and its verifications are set forth on Exhibit 5.1 attached hereto. In order to facilitate the Inventory Taking, Merchant agrees to make its SKU data files and related computer hardware and software available to Agent and the inventory taking service commencing prior to the Sale Commencement Inventory Date.

Inventory Taking. Commencing If Agent is the successful bidder at the ---------------- Auction, Merchant shall close each Store at the end of normal business hours for such Store on November 5, 1997. Such Stores shall remain closed until the Sale Commencement Date, . Merchant and Agent shall cause to be taken (i) a SKU Retail Price physical inventory, and retail physical (ii) an "SKU" inventory of the Merchandise located in the Stores (the "Inventory Taking"), which Inventory Taking shall be completed in all ) commencing after the close of business at each of the Stores no later than five ---------------- on November 5, 1997 and ending prior to the commencement of business on November 8, 1997 (5) days after the Sale Commencement Date (the "Inventory Completion Date", and the each such date of the Inventory Taking at for each Store Store, as applicable, being the "Inventory Date" for each such Store"). Merchant and Agent shall jointly employ RGIS WIS or -------------- another mutually acceptable independent inventory taking service (the "Inventory Taking Service") to conduct the Inventory Taking. The Inventory Taking shall be conducted in accordance with the procedures and instructions attached hereto as Exhibit 5.1 (the "Inventory Taking Instructions"). As an Expense, Agent shall be responsible for 50% of the costs and fees and expenses of the Inventory Taking Service. The inventory taking service as an Expense hereunder, and the balance of such costs and fees and expenses shall be paid by Merchant. Except as provided Section 4.1(n) and in the immediately preceding sentence, Merchant and Agent shall each bear their respective costs and expenses relative to the Inventory Taking. Merchant and Agent shall each have representatives present during the Inventory Taking, and shall each have the right to review and verify the listing and tabulation of the Inventory Taking Serviceinventory taking service. Merchant agrees that during the conduct of the Inventory Taking in at each of the Stores, the applicable Stores Store such Store shall be closed to the public and no sales or other transactions shall be conducted. Agent shall provide Merchant with a budget concerning The procedures to be used in the cost conduct of the Inventory Taking prior and its verifications are set forth on Exhibit 5.1 attached ----------- hereto. To facilitate the Inventory Taking, Merchant agrees to make its SKU data files and related computer hardware and software available to Agent and the Sale Commencement Dateinventory taking service commencing on the date of this Agreement.

Inventory Taking. Commencing on the Sale Commencement Date, Merchant and Agent shall cause to be taken a Retail Price physical inventory and SKU and retail physical inventory of the Merchandise located in the Stores (the "Inventory Taking"), which Inventory Taking shall be completed in all ) commencing at the close of business at each of the Stores on a date mutually agreed upon by Agent and Merchant, but in no event later than five two (52) days after entry of the Sale Commencement Date Approval Order (the "Inventory Completion Date", and the date of the Inventory Taking at each Store being the "Inventory Date" for each such Store). Merchant and Agent shall jointly employ RGIS or Washington Inventory Service and/or another mutually acceptable independent inventory taking service (the "Inventory Taking Service") to conduct the Inventory Taking. The Inventory Taking shall be conducted in accordance with the procedures and instructions attached hereto as Exhibit 5.1 (the "Inventory Taking Instructions"). As an Expense, Agent shall be responsible for 50% of the costs and fees and expenses of the Inventory Taking Service. The inventory taking service as an Expense hereunder, and the balance of such costs and fees and expenses shall be paid by Merchant. Except as provided Section 4.1(n) and in the immediately preceding sentence, Merchant and Agent shall each bear their respective costs and expenses relative to the Inventory Taking. Merchant and Agent shall each have representatives present during the Inventory Taking, and shall each have the right to review and verify the listing and tabulation of the Inventory Taking Serviceinventory taking service. Merchant agrees that during the conduct of the Inventory Taking in at each of the Stores, the applicable Stores Store such Store shall be closed to the public and no sales or other transactions shall be conducted. Agent shall provide Merchant with a budget concerning The procedures to be used in the cost conduct of the Inventory Taking and its verifications are set forth on Exhibit 5.1 to be mutually agreed upon and attached hereto. In order to facilitate the Inventory Taking, Merchant agrees to make its SKU data files, including retail, UPC to SKU cross-reference, and merchandising rollup data, and related computer hardware and software available to Agent and the inventory taking service commencing prior to the Sale Commencement Inventory Date.

Inventory Taking. Commencing on the Sale Commencement Date, (a) Merchant and Agent shall cause to be taken (i) a SKU Retail Price physical inventory, and retail physical (ii) an "SKU" inventory of the Merchandise located in the Stores (the "Inventory TakingINVENTORY TAKING"), which Inventory Taking shall be completed in all ) commencing at the close of business at four (4) of the Stores selected by Agent in its sole discretion, on a date mutually agreed upon by Agent and Merchant, but in no event later than five June 18, 1997 (5) days after the Sale Commencement Date (the "Inventory Completion Date", and the date of the Inventory Taking at each Store being the "Inventory DateINVENTORY DATE" for each such Store). Merchant and Agent shall jointly employ RGIS or another mutually acceptable independent inventory taking service (the "Inventory Taking Service") to conduct the Inventory Taking. The Inventory Taking shall be conducted in accordance with the procedures and instructions attached hereto as Exhibit 5.1 (the "Inventory Taking Instructions"). As an Expense, Agent shall be responsible for 50% of the costs and fees and expenses of the Inventory Taking Service. The inventory taking service as an Expense hereunder, and the balance of such costs and fees and expenses shall be paid by Merchant. Except as provided Section 4.1(n) and in the immediately preceding sentence, Merchant and Agent shall each bear their respective costs and expenses relative to the Inventory Taking. Merchant and Agent shall each have representatives present during the Inventory Taking, and shall each have the right to review and verify the listing and tabulation of the Inventory Taking Serviceinventory taking service. Merchant agrees that during the conduct of the Inventory Taking in at each of the Stores, the applicable Stores Store such Store shall be closed to the public and no sales or other transactions shall be conducted. Agent shall provide Merchant with a budget concerning The procedures to be used in the cost conduct of the Inventory Taking and its verifications are set forth on EXHIBIT 5.1 attached hereto. In order to facilitate the Inventory Taking, Merchant agrees to make its SKU data files and related computer hardware and software available to Agent and the inventory taking service prior to the Sale Commencement Inventory Date.

Inventory Taking. Commencing on the Sale Commencement Date, Merchant and Agent shall cause to be taken a SKU and retail Retail Price physical inventory of the Merchandise located in the Stores on the Inventory Date (the "Inventory Taking"), which Inventory Taking shall be completed in all ) commencing at the close of business at each of the Stores no later than five on a date mutually agreed upon by Agent and Merchant (5) days after the Sale Commencement Date (the "Inventory Completion Date", and the date of the Inventory Taking at each Store being the "Inventory Date" for each such Store). Merchant and Agent shall jointly employ RGIS or another mutually acceptable independent nationally recognized inventory taking service (the "Inventory Taking Service") to conduct the Inventory Taking. The Inventory Taking shall be conducted in accordance with the procedures and instructions attached hereto as Exhibit 5.1 (the "Inventory Taking Instructions"). As an Expense, Agent shall be responsible for advance 100% of the costs and fees of the inventory taking service as an Expense hereunder and shall have the right to offset 50% of the fees and expenses of the Inventory Taking Service. The balance of such fees and expenses shall be paid by cost from any sums due Merchant. Except as provided Section 4.1(n) and in the immediately preceding sentence, Merchant and Agent shall each bear their respective costs and expenses relative to the Inventory Taking. Merchant and Agent shall each have representatives present during the Inventory Taking, and shall each have the right to review and verify the listing and tabulation of the Inventory Taking Serviceinventory taking service. Merchant agrees that during the conduct of the Inventory Taking in at each of the Stores, the applicable Stores Store such Store shall be closed to the public and no sales or other transactions shall be conducted. Agent shall provide Merchant with a budget concerning the cost of Immediately after the Inventory Taking prior with respect to the Sale Commencement DateTexas Stores included on Exhibit 1A, the Merchandise from such Stores shall be packed and delivered to Louisiana Stores determined by Agent in its discretion.