Common use of Orders, Commitments and Returns Clause in Contracts

Orders, Commitments and Returns. As of the date of this Agreement, the aggregate of all accepted and unfulfilled orders for the sale of merchandise entered into by the Company is approximately $17,769,585 as of September 19, 1997, and all contracts or commitments for the purchase of supplies by the Company and all orders were made in the ordinary course of business. As of the date of this Agreement, there are no claims against the Company to return in excess of an aggregate of $250,000 of merchandise by reason of alleged overshipments, defective merchandise or otherwise, and there is no merchandise in the hands of customers under an understanding that such merchandise would be returnable.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Danskin Investors LLC), Securities Purchase Agreement (Danskin Inc)

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Orders, Commitments and Returns. As of the date of this ------------------------------- Agreement, the aggregate of all accepted and unfulfilled orders for the sale of merchandise entered into by the Company is approximately does not exceed $17,769,585 as of September 19, 1997, and all contracts or commitments for the purchase of supplies by the Company and all orders were made in the ordinary course of business200,000. As of the date of this Agreement, there are no claims against the Company to return in excess of an aggregate of $250,000 25,000 of merchandise by reason of alleged overshipments, defective merchandise or otherwise, and there is no or of merchandise in the hands of customers under an understanding that such merchandise would be returnable.

Appears in 2 contracts

Samples: Merger Agreement (Compaq Interests Inc), Merger Agreement (Shopping Com)

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