Merchandise Subject to this Agreement. (a) For purposes of this Agreement, “Merchandise” shall mean: (i) all finished goods inventory (including Domestic Merchandise and Imported Merchandise) that is owned by Merchant and (x) located at the Stores as of the Sale Commencement Date, including (A) Defective Merchandise; (B) Distribution Center Merchandise received in the Stores prior to the Sale Commencement Date; (C) Aged Merchandise; (D) the Display Merchandise, and (E) Merchandise subject to Gross Rings; (ii) Distribution Center Merchandise received in the Stores on or prior to the date that is thirty-five (35) days after the Sale Commencement Date (the “Store Receipt Deadline”); (iii) On-Order Merchandise and addition, Additional Xxxx Xxxxxx Merchandise, any Additional Transfer Merchandise received in the Stores on or prior to the Store Receipt Deadline; and (iv) to the extent Merchant so elects in accordance with the terms hereof, Transferred Goods received prior to the Store Receipt Deadline. Notwithstanding the foregoing, “Merchandise” shall not include: (1) goods which belong to sublessees, licensees, department lessees, or concessionaires of Merchant; (2) goods held by Merchant on memo, on consignment, or as bailee; (3) furnishings, trade fixtures, equipment and/or improvements to real property which are located in the Stores (collectively, “FF&E”); provided that, Agent shall be permitted to sell Owned FF&E as set forth in Section 15.9; and (4) Excluded Defective Merchandise;.
Merchandise Subject to this Agreement. (a) For purposes of this Agreement, “Merchandise” shall mean all (i) new, finished, first quality goods owned by Merchant saleable in the ordinary course of business located at the Stores as of the Sale Commencement Date (including Merchandise subject to Gross Rings), (ii) Defective Merchandise (to the extent Merchant and Agent can mutually agree on the Retail Price applicable thereto and excluding Excluded Defective Merchandise) and goods reflected on Exhibit 5.2(b)(i) (which shall be deemed to have a Retail Price equal to fifty percent (50%) of the Retail Price as ordinarily calculated pursuant to this Agreement), (iii) Returned Merchandise, subject to Section 8.5 and (iv) Distribution Center Merchandise and On-Order Merchandise received at the Stores in store-ready form no later than seven (7) days after the Sale Commencement Date, provided that if such goods are received at the Stores after such 7-day period, but on or before twenty-one (21) days after the Sale Commencement Date (the “Receipt Deadline”), such goods shall be included in the Sale as Merchandise at the Retail Price of each such item multiplied by a factor equal to the difference of 100% minus the prevailing Sale discount at the applicable Store. Notwithstanding the foregoing, “Merchandise” shall not include: (1) goods which belong to sublessees, licensees, department lessees, or concessionaires of Merchant; (2) goods held by Merchant on memo, on consignment, or as bailee; (3) Excluded Defective Merchandise; (4)
Merchandise Subject to this Agreement. (a) For purposes of this Agreement, “Merchandise” shall mean: (i) all saleable finished goods inventory that is owned by the Merchant and located at the Stores as of the Sale Commencement Date (including saleable samples, open box items, in-store clearance items, discontinued items and returns); (ii) Defective Merchandise; and (iii) On-Order Merchandise. Notwithstanding the foregoing, “Merchandise” shall not include: (1) goods which belong to sublessees, licensees, department lessees, or concessionaires of Merchant; (2) goods held by Merchant on memo, on consignment, or as bailee; (3) furnishings, trade fixtures, equipment and/or improvements to real property which are located in the Stores (collectively, “FF&E”); (4) Excluded Defective Merchandise; (5) Merchant Consignment Goods; and (6)
Merchandise Subject to this Agreement. (a) For purposes of this Agreement, “Merchandise” shall mean: all finished goods inventory that is owned by Merchant and located at the Stores as of the Sale Commencement Date, including (A) Defective Merchandise; (B) Display Merchandise, (C) Distribution Center Inventory (to the extent included in the Sale), and (D) Merchandise subject to Gross Rings. Notwithstanding the foregoing, “Merchandise” shall not include: (1) goods which belong to sublessees, licensees, department lessees, or concessionaires of Merchant; (2) goods held by Merchant on memo, on consignment, or as bailee; (3) supplies not packaged for retail sale to customers, furnishings, trade fixtures, equipment and/or improvements to real property which are located in the Stores (collectively, “FF&E”); provided that, Agent shall sell Agent Sale FF&E (other than Excluded Owned FF&E) as set forth in Section 15.9; (4) Excluded Defective Merchandise; and (5) Merchant Consignment Goods which includes News Stand Inventory and Café/Candy Inventory.
Merchandise Subject to this Agreement. (a) For purposes of this Agreement, “Merchandise” shall mean: all finished goods inventory that is owned by Merchant and located at the Closing Locations as of the Sale Commencement Date, including, Display Merchandise, and Defective Merchandise, and all On Order Merchandise. For the avoidance of doubt, Merchandise shall include all Panasonic consignment goods on display in a Closing Location.
Merchandise Subject to this Agreement. (a) For purposes of this Agreement, “Merchandise” shall mean: all finished goods inventory that is owned by Merchant wherever located as of the Sale Commencement Date,
Merchandise Subject to this Agreement. (a) For purposes of this Agreement, including, without limitation, the calculation of the Guaranteed Amount, “Merchandise” shall mean: all finished goods inventory that is owned by Merchant and customarily sold to customers in the ordinary course of Merchant’s business, including, but not limited to, (w) Defective Merchandise, (x) Reallocated Fulfillment Merchandise, (y) In Transit Merchandise, and (z) Merchandise subject to Gross Rings. Notwithstanding the foregoing, “Merchandise” shall not include: (i) Fulfillment Merchandise (except to the extent such merchandise is later re-designated by Merchant as Reallocated Fulfillment Merchandise as provided in Section 8.10 hereof), (ii) goods which belong to sublessees, licensees or concessionaires of Merchant; (iii) goods held by Merchant on memo, on consignment, or as bailee; (iv) furnishings, trade fixtures furniture and equipment and improvements to real property which are located in the Closing Stores.
Merchandise Subject to this Agreement. (a) For purposes of this Agreement, "MERCHANDISE" shall mean: (i) all finished goods inventory that is owned by Merchant and located at the Stores as of the Sale Commencement Date, including, (A) sample Merchandise that is not Defective Merchandise and (B) Merchandise subject to Gross Rings; and (ii) Layaway, Repair and Special Order Merchandise which is not picked up by customers or removed by Merchant from the Stores prior to the Layaway Pick-up Date. Notwithstanding the foregoing, "Merchandise" shall not include: (1) goods which belong to sublessees, licensees or concessionaires of Merchant; (2) firearms, ammunition, alcohol, tobacco products and prescription medicines (unless such products may be sold by Agent pursuant to law and Agent has obtained all licenses, permits and governmental consents required therefor); (3) goods held by Merchant on memo, on consignment, or as bailee; (4) Defective Merchandise; (5) furnishings, trade fixtures, equipment and improvements to real property which are located in the Stores (collectively, "FF&E"); and (6) items of Boucheron jewelry
Merchandise Subject to this Agreement. (a) For purposes of this Agreement, “Merchandise” shall mean: all saleable, first quality inventory that is owned by Merchant and located at the Stores as of the Sale Commencement Date, including, (i) Defective Merchandise and (ii) Merchandise subject to Gross Rings. Notwithstanding the foregoing, “Merchandise” shall not include: (1) goods which belong to sublessees, licensees, department lessees, or concessionaires of Merchant; (2) goods held by Merchant on memo, on consignment, or as bailee; (3) furnishings, trade fixtures, equipment and/or improvements to real property which are located in the Stores (collectively, “FF&E”); (4) Excluded Defective Merchandise; and (5) Merchant Consignment Goods.
Merchandise Subject to this Agreement. For purposes of this Agreement, "Merchandise" shall mean
