Common use of Payment for Perishable Goods Clause in Contracts

Payment for Perishable Goods. (a) The Borrower shall pay, not later than one (1) Business Day prior to the date required for payment therein, any outstanding invoices for perishable agricultural commodities purchased from any vendor other than an Affiliate; provided, however, that in the event that any such invoice requires -------- ------- payment upon delivery, payment shall be made on such date of delivery, provided, -------- further, however, that any such invoices which require payment upon delivery may ------- be paid at a later date up to thirty (30) days after delivery of such commodities so long as the Borrower has provided evidence satisfactory to the Agent of prior course of dealing with any existing or current vendor and for all vendors carried out in accordance with standard industry practices or the Borrower has obtained a waiver of the vendors' rights under PACA. Notwithstanding anything to the contrary contained in this Section 7.28(a), --------------- neither Borrower nor any Subsidiary shall be obligated to pay amounts on any invoice with respect to which Borrower or such Subsidiary has a bona fide dispute concerning payment for any reason, including, without limitation, quality of the perishable commodities received, quantity of the perishable commodities received, or compliance of the perishable commodities received with applicable rules and regulations.

Payment for Perishable Goods. (aA) The Borrower shall pay, not later than one (1) Business Day prior to the date required for payment therein, any outstanding invoices for perishable agricultural commodities purchased from any vendor other than an Affiliate; provided, however, that in the event that any such invoice requires -------- ------- payment upon delivery, payment shall be made on such date of delivery, provided, -------- further, however, that any such invoices which require payment upon delivery may ------- be paid at a later date up to thirty (30) days after delivery of such commodities so long as the Borrower has provided evidence satisfactory to the Agent of prior course of dealing with any existing or current vendor and for all vendors carried out in accordance with standard industry practices or the Borrower has obtained a waiver of the vendors' rights under PACA. Notwithstanding anything to the contrary contained in this Section 7.28(aSECTION 7.28(A), --------------- neither Borrower nor any Subsidiary shall be obligated to pay amounts on any invoice with respect to which Borrower or such Subsidiary has a bona fide dispute concerning payment for any reason, including, without limitation, quality of the perishable commodities received, quantity of the perishable commodities received, or compliance of the perishable commodities received with applicable rules and regulations.

Payment for Perishable Goods. (a) The Borrower shall pay, not later than one (1) Business Day prior to the date required for payment therein, any outstanding invoices for perishable agricultural commodities purchased from any vendor other than an Affiliate; provided, however, that in the event that any such invoice requires -------- ------- payment upon delivery, payment shall be made on such date of delivery, provided, -------- further, however, that any such invoices which require payment upon delivery may ------- be paid at a later date up to thirty (30) days after delivery of such commodities so long as the Borrower has provided evidence satisfactory to the Agent of prior course of dealing with any existing or current vendor and for all vendors carried out in accordance with standard industry practices or the Borrower has obtained a waiver of the vendors' rights under PACA. Notwithstanding anything to the contrary contained in this Section 7.28(a), --------------- neither Borrower nor any Subsidiary shall be obligated to pay amounts on any invoice with respect to which Borrower or such Subsidiary has a bona fide dispute concerning payment for any reason, including, without limitation, quality of the perishable commodities received, quantity of the perishable commodities received, or compliance of the perishable commodities received with applicable rules and regulations.

Payment for Perishable Goods. (a) The Borrower shall pay, not later than one (1) Business Day prior to the date required for payment therein, any outstanding invoices for perishable agricultural commodities purchased from any vendor other than an Affiliate; provided, however, that in the event that any such invoice requires -------- ------- payment upon delivery, payment shall be made on such date of delivery, provided, -------- further, however, that any such invoices which require payment upon delivery may ------- ------ be paid at a later date up to thirty (30) days after delivery of such commodities so long as the Borrower has provided evidence satisfactory to the Agent of prior course of dealing with any existing or current vendor and for all vendors carried out in accordance with standard industry practices or the Borrower has obtained a waiver of the vendors' rights under PACA. Notwithstanding anything to the contrary contained in this Section 7.28(a), --------------- neither Borrower nor any Subsidiary shall be obligated to pay amounts on any invoice with respect to which Borrower or such Subsidiary has a bona fide dispute concerning payment for any reason, including, without limitation, quality of the perishable commodities received, quantity of the perishable commodities received, or compliance of the perishable commodities received with applicable rules and regulations.