Orders and Commitments. The aggregate of all accepted and unfulfilled orders for the sale of products entered into by Sellers does not exceed amounts which would be outstanding in the ordinary course of the Business, and the aggregate of all commitments for the purchase of inventory by Sellers does not exceed amounts which would be outstanding in the ordinary course of the Business. All such commitments and orders were made in the ordinary course of business consistent with past practice.
Orders and Commitments. In the event that a Governmental Entity addresses a Party with any Order or any request for commitments pursuant to FDI Laws in connection with any of the Transactions, such Party shall neither have any obligation to accept any such Orders or make any commitments nor shall the Party be required to make use of available legal remedies. If the addressed Party, in its sole and unfettered discretion, accepts certain Orders or commitments as binding and/or commercially reasonable for itself, the non-addressed Parties shall use reasonable best efforts to procure that such Orders and commitments may be implemented with respect to the addressed Party.
Orders and Commitments. The Company does not have any backlog (including any accepted or unfulfilled service contracts or research agreements) and outstanding purchase orders are within historical ranges for the Company and being addressed in the normal course of its business.
Orders and Commitments. The backlog as at November 30, 1995 for all accepted and unfulfilled orders of the Acquired Businesses and anticipated delivery dates are set forth in Schedule 6.28 annexed hereto. Except as set forth on Schedule 6.28, there is no merchandise in the hands of Sellers' customers under a specific understanding with either Seller that such merchandise would be returnable. 6.29
Orders and Commitments. Except as set forth in Schedule 3.25 attached hereto, all accepted and unfulfilled orders for the sale of products and the performance of services entered into by the Company or any Continuing Subsidiary and all outstanding contracts or commitments for the purchase of supplies, materials and services used or to be used in the Business were made in bona fide transactions in the ordinary course of the Business consistent with past practice.
Orders and Commitments. Prior to the date hereof the Seller has provided to the Purchaser a complete and correct list of the Seller's backlog for the Business as of the date hereof (the "Backlog"). The Backlog is at a level materially consistent with its historical experience over the past two fiscal years and is comprised of bona fide orders which will generate profit margins consistent with past performance. The Seller has no reason to believe any such orders will be subject to cancellation, deferral or renegotiation. There are no Claims against the Seller to return products by reason of defective products or otherwise, except such Claims as arose in the ordinary course of business consistent with past practice.
Orders and Commitments. All outstanding Contracts for the purchase of supplies and materials for the FPGA/FPSC Business were made in the ordinary course of business. All accepted and unfulfilled purchase orders for the sale of products to third parties entered into for the account of the FPGA/FPSC Business (other that with respect to sales made pursuant to (i) a purchase order with Lucent and (ii) Seller's standard product distribution agreement, copies of which has been provided to Buyer) listed on Schedule 2.1(f) were received and have been acknowledged by Seller in the ordinary course of business, consistent with past practice, and such acknowledgement was made by delivery of a Seller standard form acknowledgement that has been previously provided to Buyer, with no material additions, deletions or other modifications to such form.
Orders and Commitments. Set forth in the Disclosure Schedule is a ---------------------- list of all accepted and unfulfilled orders for the sale of products. Except as set forth in the Disclosure Schedule, all such orders for the sale of products and the performance of services entered into by the Company and all outstanding contracts or commitments for the purchase of supplies, materials and services were made in bona fide transactions in the ordinary course of business.
Orders and Commitments. All material outstanding orders and commitments for the supplies and products of the Business have been made in the ordinary course of the Business consistent with past practices. As of the Effective Date, there are no claims in excess of $50,000 per claim and are pending against the Seller to return any merchandise sold by the Business by reason of alleged overshipments, defective merchandise or otherwise, or of merchandise in the hands of customers under an understanding that such merchandise would be returnable. As of the Effective Date, such claims in the aggregate do not exceed $250,000.
Orders and Commitments. All outstanding Contracts for the purchase of supplies and materials for the Storage Business were made in the ordinary course of business. Except as set forth on Schedule 3.17, all accepted and unfulfilled purchase orders for the sale of products to Third Parties entered into for the account of the Storage Business were received and have been acknowledged by Sellers in the ordinary course of business, consistent with past practice, and such acknowledgement was made by delivery of a standard form acknowledgement that has been previously provided to Buyer, with no material additions, deletions or other modifications to such form.
