Open Purchase Orders. In the event this Agreement is terminated by FRESENIUS pursuant to Section 14.2, FRESENIUS may terminate or fill, at its option, any open firm purchase orders for Product. In the event this Agreement is not renewed or is terminated by CSI pursuant to Section 14.2, CSI may terminate or require FRESENIUS to fill, at CSI’s option, any open firm purchase orders for Product.
Open Purchase Orders. Agent agrees to pay the vendors (or to reimburse Merchant, as the case may be) amounts due (less any discounts obtained by Agent or its Representatives) under the Open Purchase Orders [for Inventory actually received byfor which Merchant] 1has taken receipt, with such payment made as and when such Open Purchase Orders become due and payable.
Open Purchase Orders. At least fourteen (14) days before Closing, but no more than twenty-one (21) days before Closing, Seller shall deliver to Buyer a true, complete and accurate detailed list of all open purchase orders with suppliers for any Acquired Inventory. ADDITIONAL AGREEMENTS
Open Purchase Orders. At the end of each month, Food Manager shall prepare an open purchase order list and forward the same to Hotel Manager's Regional Accounting Office (presently located in Cincinnati, Ohio). This list shall contain all purchase orders for items that have been received but have not been processed for payment. This procedure will allow Hotel Manager to ensure that all expenses are accrued for the month in which the purchase was realized. EXHIBIT 2 GUEST QUARTERS - CHICAGO STATEMENT OF INCOME GL0322 PERIOD-12 FISCAL 1994 1/15/95 PAGE 1 19.34.01 12/01/94 - 12/31/94 CURRENT PERIOD ------------------------------------------------------------------------------------------------- ACTUAL % BUDGET % LAST YEAR % ------------------------------------------------------------------------------------------------- STATISTICS 10,695 10,695 10,695 TOTAL ROOMS AVAIL 5,901 5,301 5,406 PAID ROOMS OCC. 55.2 49.6 50.6 % OF OCCUPANCY 121.28 117.98 114.64 AVERAGE RATE MEMO STATISTICS INCLUDING COMPS: 6,133 5,301 5,406 TTL ROOMS OCC. 57.3 49.6 50.6 % OF OCCUPANCY REVENUES 715,653 62.6 625,436 66.0 619,766 64.3 ROOMS 298,927 26.2 237,273 25.0 256,272 26.6 FOOD & BEVERAGE 18,656 1.6 22,793 2.4 13,473 1.4 TELEPHONE 47,773 4.2 46,451 4.9 39,969 4.2 MINOR OPER DEPTS 61,542 5.4 16,081 1.7 33,898 3.5 RENT & OTHER 1,142,551 100.0 948,034 100.0 963,398 100.0 TOTAL REVENUES OPERATING COSTS 155,737 21.8 158,457 25.3 167,176 27.0 ROOMS 280,729 93.9 195,596 82.4 208,238 81.3 FOOD & BEVERAGE 17,781 95.3 15,731 69.0 20,592 152.8 TELEPHONE 54,568 114.2 41,325 89.0 43,732 109.4 MINOR OPER DEPTS 4,394 7.1 6,796 42.3 5,516 16.3 RENT & OTHER 513,210 44.9 417,905 44.1 445,254 46.2 TOTAL OPER COST 629,341 55.1 530,129 55.9 518,144 53.8 OPRERATING PROFIT UNDISTRIB OPER. EXP. 112,404 9.8 104,045 11.0 104,945 10.9 ADMINISTRATIVE 14,232 - 1.3 119,985 12.7 107,621 11.2 MARKETING 82,036 7.2 67,557 7.1 56,638 5.9 PROPERTY MAINT 27,170 2.4 45,080 4.8 32,054 3.3 ENERGY 207,378 18.2 336,667 35.5 301,257 31.3 TOTAL UNDISTRIB 421,963 36.9 193,462 20.4 216,887 22.5 GROSS OPER. PROFIT 41,477 3.6 37,791 4.0 38,792 4.0 MANAGEMENT FEES 380,486 33.3 155,671 16.4 178,095 18.5 INCOME BEF FIX CHG. 153,642 13.5 90,519 9.6 106,493 11.1 RENT TAXES & INS. 447,394 39.2 423,657 44.7 432,406 44.9 INTEREST 37,734 - 3.3 1,500 .2 16,585 - 1.7 OWNERS EXPENSE 182,817 - 16.0 360,005 - 38.0 344,219 - 35.7 INC BEF DEPR/AMORT 393,560 34.5 277,659 28.8 DEP & AMORT. 576,376 - 50.5 360,005 - 38.0 621,878 - 64.6 INCOME BEFORE TAXES 447,394 39.2 4...
Open Purchase Orders. Section 3.17 of the Disclosure Schedule sets forth the aggregate amount to be paid by Company pursuant to all contracts or commitments for the purchase of supplies involving (in each case) payments in excess of $25,000 by it as of the date hereof, all of which orders, contracts and commitments have been made in the ordinary course of business.
Open Purchase Orders. The Department may, at its discretion, establish an open (estimated quantity) purchase order with the contract vendor(s) to facilitate the purchasing of materials. The purchase of materials may be placed by;
Open Purchase Orders. Unless otherwise stated in the Supply Agreement, if the quantity in a Purchase Order states the quantity as zero, “as scheduled,” “as directed,” or something similar, Valeo will supply 100% of Buyer’s requirements of the Products. Subject to Section 5.6 herein, Valeo will supply such quantities of Products subject to Valeo’s available capacity and required lead-times.
Open Purchase Orders. Prior to Closing or as soon thereafter as practicable, the Parties shall cooperate and use commercially reasonable efforts to cancel all Supplier Purchase Orders, effective as of the Closing, and substitute purchase orders of Buyer in amounts and values for such Supplier Purchase Orders as are necessary the Parties’ reasonable determination. In the event any such substitution is not achieved prior to Closing, Buyer shall perform all obligations on and receive benefits of all Supplier Purchase Orders as of the Closing. Buyer and Sellers acknowledge and agree that, effective as of the Closing, there shall be no open Customer Purchase Orders pursuant to which Sellers are obligated to manufacture and deliver product to or on behalf of customers of the Business.
Open Purchase Orders. Subject to Seller's compliance with -------------------- Section 7(e) of the Letter of Intent, Buyer agrees to assume responsibility for all Seller purchase orders of finished shoes not delivered prior to the Closing and not included in inventory on the Closing Date (the "Open Purchase Orders"), -------------------- and agrees to use its best efforts to cause its bank at the Closing to replace any Seller letters of credit for such purchase orders. Buyer shall assume responsibility for such letters of credit which cannot be replaced. Absent Buyer's assumption of such purchase orders or replacement of such letters of credit, Buyer agrees to purchase Seller's finished goods valued at FOB factory cost (Buyer will assume responsibility for freight, commissions, duty and other direct costs associated therewith) which are presently scheduled for manufacture and which are not included in inventory at the Closing, and Seller agrees to sell the same to Buyer. For such goods currently secured by Letters of Credit, purchases will be paid for within 5 business days after receipt of such goods and, if requested, Buyer will post a standby letter of credit or escrow deposit up to a maximum of $1 million to support such payment. For goods not secured by Letters of Credit, Buyer agrees to pay for such goods (similarly valued) immediately upon presentation to Buyer of title documents properly endorsed to Buyer. All such goods will be of customary quality and style and the product quantities, factories and styles thereof reflected in the Open Purchase Orders are listed and disclosed in Schedule 7.4 hereto. Seller represents that its good ------------ faith estimate of the amount of such open purchase orders on the date hereof is not more than $5,300,000. For avoidance of doubt, it is acknowledged that all goods the payment of which is assumed by Buyer shall not be included in inventory on the Estimated Closing Valuation or the Final Purchase Price. In the event that Seller has paid for goods which have cleared the factory but have not been shipped based on Buyer's order, Buyer shall nonetheless reimburse the Seller for such goods within 30 days of such clearance. Seller has provided to Buyer a true and complete list of the open purchase orders listed on Schedule -------- 7.4, and accompanying costing detail. --- Buyer shall also be responsible for the payment of purchase orders or the reimbursement of Seller for purchase orders for finished goods paid for by Seller and delive...
Open Purchase Orders. The parties understand that Fabrinet may incur costs assessed by vendors for the cancellation of component orders with long lead times. In the event that Fabrinet is assessed any such costs, Finisar shall reimburse Fabrinet for all such costs, provided that such costs are for Supplies to be produced per the Master Schedule and rolling forecasts. Fabrinet agrees to notify vendors of any cancellation within 24 hours of receipt of notice of cancellation from Finisar. Fabrinet further agrees to audit a vendor’s assessment and will make the results of such audit available to Finisar.
