Common use of Merchandise Subject to this Agreement Clause in Contracts

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: (i) mean all new, first-quality, undamaged, finished saleable goods inventory (including Domestic Merchandise and Imported Merchandise) that is are 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 (EC) Merchandise subject to Gross Rings; , and (iiD) Distribution Center Merchandise and On-Order Merchandise received in the Stores on or prior to the date that is thirty-five (35) thirty 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) Excluded Defective Merchandise, (4) Additional Goods, (5) Merchant Consignment Goods, , (6) Distribution Center Merchandise and On-Order Merchandise received in the Stores after the Store Receipt Deadline, and (7) furnishings, trade fixtures, equipment and/or improvements to real property which are located in the Stores (collectively, “FF&E”); provided that, that Agent shall be permitted to sell Owned FF&E as set forth in Section 15.9; and (4) Excluded Defective Merchandise;provided further that subject to Agent’s consent, Merchandise shall include consignment goods that the Debtor is authorized by order of the Bankruptcy Court to sell under 11 U.S.C. § 363 as part of the Sale.

Merchandise Subject to this Agreement. (a) For purposes of this Agreement, “Merchandise” shall meanmean all: (i) all first quality 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 Date saleable in the Stores prior to the Sale Commencement Date; (C) Aged Merchandise; (D) the Display Merchandise, and (E) Merchandise subject to Gross Ringsordinary course of business; (ii) Distribution Center Repair and Special Order Merchandise received in the Stores on or that is not picked up by customers prior to the date that is thirty-five (35) days after the Sale Commencement Date (the “Store Receipt Deadline”)Cutoff Date; (iii) Transfer Merchandise; (iv) Warehouse Merchandise; and (v) 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) Defective Merchandise; (2) goods which that belong to third party sublessees, licensees, department lessees, licensees or concessionaires of Merchant other than Merchant; (23) goods held by Merchant on memo, on consignment, consignment or as baileebailee for a third party other than Merchant; (34) furnishings, trade fixtures, equipment and/or and improvements to real property which are located in the Stores or the Warehouse (collectively, “FF&E”); provided that(5) Transfer Merchandise, On-Order Merchandise and Warehouse Merchandise received at any Store after the Cutoff Date, unless Agent shall be permitted in its discretion elects to sell Owned FF&E as set forth include such goods in Section 15.9Merchandise; (6) goods so damaged that they are not saleable in the ordinary course of business at any price; (7) Returned Defective Merchandise; and (4) Excluded Defective Merchandise;8) Repair and Special Order Merchandise picked up by customers prior the Cutoff Date.

Merchandise Subject to this Agreement. (a) For purposes of this Agreement, “Merchandise” shall mean: (i) all finished goods inventory [(including Domestic Merchandise and Imported Overseas Merchandise) that is owned by Merchant and (x) located at the Closing Stores as of the Sale Commencement Date, including (A) Defective Merchandise; (B) )[ Distribution Center Merchandise received in the Closing Stores prior to the Sale Commencement Date]; (C) Aged Blooper Merchandise; , (D) the Display Merchandise, and (E) Merchandise subject to Gross Rings; (ii) Distribution Center Merchandise and On-Order Merchandise received in the Closing Stores on or prior to the date that is thirty-five thirty (3530) days after the Sale Commencement Date (the “Store Receipt Deadline”); and (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 Closing Stores (collectively, “FF&E”); provided that, to the extent Merchant exercises its option, Agent shall be permitted to sell Owned FF&E as set forth in Section 15.9; and (4) Excluded Defective Merchandise;.be