Orders, Commitments and Returns. The aggregate of all accepted and unfilled orders for the sale of merchandise entered into by the Company does not exceed an amount which can reasonably be expected to be filled in the ordinary course of business on a schedule which will maintain satisfactory customer relationships, and the aggregate of all contracts or commitments for the purchase of products by the Company does not exceed an amount which is reasonable for its anticipated volumes of business (all of which orders, contracts and commitments were made in the ordinary course of business). As of the date of this Agreement, there are no asserted, or if unasserted, sustainable, claims to return merchandise of the Company by reason of alleged overshipments, defective merchandise, breach of warranty or otherwise. There is no merchandise in the hands of customers under any understanding that such merchandise is returnable other than pursuant to the standard returns policy set forth in the Company's contracts. The Company does not know or have reason to believe that either the execution and delivery of this Agreement or the consummation of the transactions contemplated hereby will result in any cancellations or withdrawals of accepted and unfilled orders for the sale of the Company's merchandise.
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Samples: Stock and Membership Interest Purchase Agreement (Performance Food Group Co)
Orders, Commitments and Returns. The aggregate of all accepted and unfilled orders for the sale of merchandise entered into by the Company does not exceed an amount which can reasonably be expected to be filled in the ordinary course of business on a schedule which will maintain satisfactory customer relationshipsthe Business, and the aggregate of all contracts Contracts or commitments for the purchase of products by the Company does not exceed an amount which is reasonable for its anticipated volumes of business (all of which orders, contracts Contracts and commitments were made in the ordinary course of businessthe Business). As of the date of this Agreement, there There are no asserted, or if unasserted, sustainable, claims to return merchandise of the Company by reason of alleged overshipmentsover-shipments, defective merchandise, breach of warranty or otherwise, other than such claims regularly experienced and resolved in the ordinary course of the Business. There is no merchandise in the hands of customers under any understanding that such merchandise is returnable other than pursuant to the standard returns policy set forth in the Company's contracts’s Contracts. The Company does Shareholders do not know or have reason to believe actual knowledge that either the execution and delivery of this Agreement or the consummation of the transactions contemplated hereby will result in any cancellations or withdrawals of accepted and unfilled orders for the sale of the Company's ’s merchandise.
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Orders, Commitments and Returns. The aggregate of all accepted and unfilled orders for the sale of merchandise entered into by the Company Group does not exceed an amount which can reasonably be expected to be filled in the ordinary course of business on a schedule which will maintain satisfactory customer relationshipsOrdinary Course, and the aggregate of all contracts Contracts or commitments for the purchase of products by the Company Group does not exceed an amount which is reasonable for its anticipated volumes of business (all of which ordersbusiness. No customer has asserted any written or, contracts and commitments were made in to the ordinary course of business). As knowledge of the date of this AgreementSeller Parties, there are no assertedoral claim, or if unasserted, sustainable, claims (that has not been resolved) to return merchandise of the Company Group by reason of alleged overshipmentsover-shipments, defective merchandise, breach of warranty or otherwise, other than such claims regularly experienced and resolved in the Ordinary Course. There is no merchandise in the hands of customers under any understanding agreement that such merchandise is returnable other than pursuant to the standard returns policy set forth in the Company's contractsCompany Group’s Contracts. The Company does Seller Parties do not know or have reason to believe knowledge that either the execution and delivery of this Agreement or the consummation of the transactions contemplated hereby will result in any cancellations or withdrawals of accepted and unfilled orders for the sale of the Company's Company Group’s merchandise.
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Samples: Securities Purchase Agreement (Chefs' Warehouse, Inc.)
Orders, Commitments and Returns. The aggregate of all accepted and unfilled orders for the sale of merchandise entered into by the Company Temple does not exceed an amount which can reasonably be expected to be filled in the ordinary course of business on a schedule which will maintain satisfactory customer relationships, and the aggregate of all contracts or commitments for the purchase of products by the Company Temple does not exceed an amount which is reasonable for its anticipated volumes of business (all of which orders, contracts and commitments were made in the ordinary course of business). As of the date of this Agreement, there are no asserted, or if unasserted, to the knowledge of Temple, sustainable, claims to return merchandise of the Company Temple by reason of alleged overshipments, defective merchandise, breach of warranty or otherwise. There is no merchandise in the hands of customers under any understanding that such merchandise is returnable other than pursuant to the standard returns policy set forth in the CompanyTemple's contracts. The Company Seller does not know or have reason to believe that either the execution and delivery of this Agreement or the consummation of the transactions contemplated hereby will result in any cancellations or withdrawals of accepted and unfilled orders for the sale of the CompanyTemple's merchandise.
Appears in 1 contract
Samples: Asset Purchase Agreement (Performance Food Group Co)
Orders, Commitments and Returns. The aggregate of all accepted and unfilled orders for the sale of merchandise entered into by the Company Seller does not exceed an amount which can reasonably be expected to be filled in the ordinary course of business on a schedule which will maintain satisfactory customer relationships, and the aggregate of all contracts Contracts or commitments for the purchase of products by the Company Seller does not exceed an amount which is reasonable for its anticipated volumes of business (all of which orders, contracts Contracts and commitments were made in the ordinary course of business). As of the date of this Agreement, there There are no asserted, asserted or if unasserted, sustainable, un-asserted claims to return merchandise of the Company Seller by reason of alleged overshipmentsover-shipments, defective merchandise, breach of warranty or otherwise. There is no merchandise in the hands of customers Customers under any understanding that such merchandise is returnable other than pursuant to the standard returns policy set forth in the Company's contractsSeller’s Contracts. The Company does not know No Seller Party Knows or have has reason to believe that either the execution and delivery of this Agreement Agreement, or the consummation of the transactions contemplated hereby hereby, will result in any cancellations or withdrawals of accepted and unfilled orders for the sale of the Company's Seller’s merchandise.
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