Material Acquisition. A single acquisition by Borrower or any of its Subsidiaries of properties or assets for a gross purchase price equal to or in excess of fifteen percent (15%) of Gross Asset Value as of the last day of the most recently ended fiscal quarter of the Borrower for which financial statements are publicly available (determined without giving effect to such acquisition).
Material Acquisition. An acquisition or series of acquisitions by Borrower or any Subsidiary of Borrower that are in excess of ten percent (10%) of Consolidated Total Asset Value immediately prior to such acquisition or series of acquisitions.
Material Acquisition. See §7.4.1(a).
Material Acquisition. Powerwave hereby authorizes Supplier to purchase Material based on the quantities set forth in the VDS and Purchase Order provided that the Material is ordered in accordance with Material Manufacturing Leadtime and Material Transit Time. This authorization shall extend to the purchase of additional Materials as are reasonably required, taking into account any Supplier minimum order quantities (“MOQ”) and/or standard packaging quantities (“SPQ”). To the extent that Supplier incurs liability for Material in addition to what is required to meet the Product Leadtime under the VDS, Supplier will obtain Powerwave’s prior written consent, which shall not be unreasonably withheld or delayed, before ordering any such Material. Powerwave does not recognize any Material as being non-cancellable/non-returnable (“NCNR”). Supplier agrees that it shall procure Powerwave’s consigned Material, if applicable, i.e. Material owned by Powerwave that is held at one of Supplier’s facilities, prior to purchasing the same Material from any third party, and Supplier shall reimburse Powerwave for such Material via a credit note within thirty (30) Business Days of the date of procurement. Furthermore, Supplier agrees to re-distribute any Supplier-owned, excess Material between its manufacturing facilities to support the manufacture of Powerwave’s Products before acquiring Material from any third party. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Material Acquisition. Promptly after the occurrence thereof, notice of any material acquisition or investment by Worthington of or in any Person, business or operation.
Material Acquisition. An acquisition that is (i) any single transaction for the purpose of, or resulting, directly or indirectly, in, the acquisition (including, without limitation, a merger or consolidation or any other combination with another Person) of a Person or assets by the Parent Borrower (directly or indirectly) that has a gross purchase price equal to or greater than ten percent (10.0%) of the then Gross Asset Value (without giving effect to such transaction), or (ii) one or more transactions for the purpose of, or resulting, directly or indirectly, in, the acquisition (including, without limitation, a merger or consolidation or any other combination with another Person) of one or more Persons or assets by the Parent Borrower (directly or indirectly) in any two (2) consecutive calendar quarters, which in the aggregate have a gross purchase price equal to or greater than ten percent (10.0%) of the then Gross Asset Value (without giving effect to such transactions).
Material Acquisition. The acquisition of an asset (or portfolio of assets) by Borrower or any of its Subsidiaries in a single transaction or a series of related transactions with an aggregate gross purchase price equal to or greater than ten percent (10%) of the Consolidated Total Asset Value determined as of the last day of the fiscal quarter most recently ended prior to the date such acquisition is consummated.
Material Acquisition. Based on the purchase orders and forecasts, as updated as provided in SECTION 5(a), the Company shall be responsible for insuring an adequate supply of materials to satisfy the Buyer's requirements. The Company is responsible for insuring that the lead times respecting all material are accurate. The Company will submit a component lead time report to the Buyer upon request, but no more frequently than on a monthly basis.
Material Acquisition. See Section 7.4.1.
Material Acquisition. A single acquisition by Borrower or any of its Subsidiaries of properties or assets for a gross purchase price equal to or in excess of $150,000,000.00.
