Common use of Orders, Commitments and Returns Clause in Contracts

Orders, Commitments and Returns. All accepted and unfulfilled orders for the sale of products and the performance of services entered into by Seller relating to the Business and all outstanding Contracts 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 business. As of the date hereof, there are no material claims against Seller to return products by reason of alleged overshipments, defective products or otherwise, or of products in the hands of customers under an understanding that such products would be returnable.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Smithfield Foods Inc)

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Orders, Commitments and Returns. All accepted and unfulfilled orders for the sale of products Products and the performance of services entered into by Seller relating to the Business Company and all outstanding Contracts contracts or commitments for the purchase of supplies, materials and services used by or to be used in from the Business Company were made in bona fide transactions in the ordinary course of business. As of the date hereof, there There are no material claims pending against Seller the Company received in writing to return products Products purchased pursuant to purchase orders by reason of alleged overshipmentsover-shipments, defective products Products or otherwise, or of products in the hands of customers or retailers under an understanding that such products Products would be returnable.

Appears in 1 contract

Samples: Merger Agreement (Lectec Corp /Mn/)

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Orders, Commitments and Returns. All accepted and unfulfilled orders for the sale of products and the performance of services entered into by Seller relating to the Business and all outstanding Contracts contracts or commitments for the purchase of supplies, materials and services used by or to be used from Seller and that are included in the Business Assigned Contracts were made in bona fide transactions in the ordinary course of business. As of the date hereof, there There are no material claims against Seller in connection with the Business to return products by reason of alleged overshipmentsover-shipments, defective products or otherwise, or of products in the hands of customers customers, retailers or distributors under an understanding that such products would be returnable.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ats Medical Inc)

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