Projections and Inventory Levels Sample Clauses

Projections and Inventory Levels. UFPC shall provide, in the program document, weekly volume projections of all LTO Products to be used or sold in a particular Promotion and all Base Business Products affected or potentially affected by such Promotion. Volume estimates for Base Business Products involved in Promotions may be provided as percentage increases or decreases in normal, non-promotional volume. UFPC may also provide Distributor with information regarding Brand and Operator Promotions and may provide Distributor with UFPC’s standard communications related to such Promotions. Distributor shall make available LTO Products designated in the Promotion Notice and maintain inventory of LTO Products in accordance with the weekly volume projections. Prior to the start of any Promotion, Distributor shall build inventory to the levels set forth in the applicable Promotion Notice, as such volumes may be amended from time to time by UFPC pursuant to the weekly volume projections. Distributor shall, working with UFPC, promptly and proactively manage inventory of LTO Products to correct differences between actual sales of LTO Products during the Promotion and the applicable weekly volume projections. Distributor and UFPC shall cooperate to minimize any adverse financial impact to UFPC, Operators and Distributor due to inventory shortage or inventory obsolescence during or after a Promotion. Notwithstanding anything else herein, Distributor is responsible for handling all LTO Products using distribution practices standard in the industry and in any event no less than reasonable care. Distributor shall not be responsible for costs or other expenses for damage (i.e. glass breakage) of LTO Products that require unique handling, storage or any other practice that is not within Distributor’s standard distribution practices previously communicated to, and agreed upon by, UFPC unless such damage is caused by Distributor’s negligence or willful misconduct. It is the Distributor’s responsibility to manage and adjust Product inventories based on demand. However, it is understood that certain short shelf life, perishable Base Business Products involved in a Promotion may require Distributor to order in advance and have on hand and in transit inventory that is in excess of normal Base Business Product requirements. In the event that actual sales for such short shelf life, perishable Base Business Products involved in a Promotion do not meet published forecasts, UFPC will evaluate Distributor’s reasonable ex...
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Related to Projections and Inventory Levels

  • Accounts and Inventory Each Account or item of Inventory which Borrower shall, expressly or by implication, request Lender to classify as an Eligible Account or as Eligible Inventory, respectively, shall, as of the time when such request is made, conform in all respects to the requirements of such classification as set forth in the respective definitions of "Eligible Account" and "

  • Equipment and Inventory With respect to any Equipment and/or Inventory of an Obligor, each such Obligor has exclusive possession and control of such Equipment and Inventory of such Obligor except for (i) Equipment leased by such Obligor as a lessee or (ii) Equipment or Inventory in transit with common carriers. No Inventory of an Obligor is held by a Person other than an Obligor pursuant to consignment, sale or return, sale on approval or similar arrangement.

  • As to Equipment and Inventory The Grantor hereby agrees that it shall

  • Inventory Reports Within 45 days after the close of each fiscal quarter of Customer, a copy of the Inventory Report (as and to the extent applicable, breaking out Inventory by location, and separately reporting any work in process) of Customer as of the end of such fiscal quarter; and

  • Location of Equipment and Inventory All Equipment and Inventory are (i) located at the locations indicated on Schedule 4 (ii) in transit to such locations or (iii) in transit to a third party purchaser which will become obligated on a Receivable to the Debtor upon receipt. Except for Equipment and Inventory referred to in clauses (ii) and (iii) of the preceding sentence, the Debtor has exclusive possession and control of the Inventory and Equipment.

  • Non-Reliance on Company Estimates, Projections, Forecasts, Forward-Looking Statements and Business Plans In connection with the due diligence investigation of the Company by Parent and Merger Subsidiary, Parent and Merger Subsidiary have received and may continue to receive from the Company certain estimates, projections, forecasts and other forward-looking information, as well as certain business plan information, regarding the Company and its business and operations. Parent and Merger Subsidiary hereby acknowledge that there are uncertainties inherent in attempting to make such estimates, projections, forecasts and other forward-looking statements, as well as in such business plans, with which Parent and Merger Subsidiary are familiar, that Parent and Merger Subsidiary are taking full responsibility for making their own evaluation of the adequacy and accuracy of all estimates, projections, forecasts and other forward-looking information, as well as such business plans, so furnished to them (including the reasonableness of the assumptions underlying such estimates, projections, forecasts, forward-looking information or business plans), and that Parent and Merger Subsidiary will have no claim, right or obligation under this Agreement or otherwise (including under Article 9) against the Company or any of its Subsidiaries, or any of their respective Representatives, or any other Person, with respect thereto. Accordingly, Parent and Merger Subsidiary hereby acknowledge that none of the Company nor any of its Subsidiaries, nor any of their respective Representatives, nor any other Person, has made or is making any representation or warranty with respect to such estimates, projections, forecasts, forward-looking statements or business plans (including the reasonableness of the assumptions underlying such estimates, projections, forecasts, forward-looking statements or business plans).

  • Availability of Earnings Statements The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

  • Annual Projections As soon as practicable and in any event prior to the beginning of each Fiscal Year, Borrower shall deliver to Lender projected balance sheets, statements of income and cash flow for Borrower, for each of the twelve (12) months during such Fiscal Year, which shall include the assumptions used therein, together with appropriate supporting details as reasonably requested by Lender.

  • Borrowing Base Reports Within thirty (30) days after the last day of each month, aged listings of accounts receivable and accounts payable (by invoice date) (the “Borrowing Base Reports”);

  • Historical Performance Information To the extent agreed upon by the parties, the Sub-Advisor will provide the Trust with historical performance information on similarly managed investment companies or for other accounts to be included in the Prospectus or for any other uses permitted by applicable law.

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