Purchase Commitments and Outstanding Bids. No material purchase commitment of the Company is in excess of normal, ordinary and usual requirements of its business, or was made at any price in excess of the then current market price, or contains terms and conditions more onerous than those usual and customary in the industry. There is no outstanding material bid, sales proposal, contract or unfilled order of the Company which (a) will, or could if accepted, require the Company to supply goods or services at a cost to the Company in excess of the revenues to be received therefrom, or (b) quotes prices which do not include a xxxx-up over reasonably estimated costs consistent with past xxxx-ups on similar business or market conditions current at the time.
Purchase Commitments and Outstanding Bids. No purchase commitment of the Company is in excess of normal, ordinary and usual requirements of its business, or was made at any price in excess of the then current market price, or contains terms and conditions more onerous than those usual and customary in the industry. There is no outstanding bid, sales proposal, contract or unfilled order of the Company which (a) will, or could if accepted, require the Company to supply goods or services at a cost to the Company significantly in excess of the normal cost of goods or services established for the product or service in question, or (b) quotes prices which do not include a mxxx-up over reasonably estimated costs reasonably consistent with past mxxx-ups on similar business.
Purchase Commitments and Outstanding Bids. 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 does not exceed $ 1,000,000, and the aggregate of all Contracts or commitments for the purchase of supplies by it does not exceed $ 1,000,000, 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 claims against the Company to return in excess of an aggregate of $ 10,000 of merchandise by reason of alleged overshipments, defective merchandise or otherwise, or of merchandise in the hands of customers under an understanding that such merchandise would be refundable. No outstanding purchase or outstanding lease commitment of the Company presently is in excess of the normal, ordinary and usual requirements of its business or was made at any price in excess of the now current market price or contains terms and conditions more onerous than those usual and customary in the Company's business. There is no outstanding bid, proposal, Contract or unfilled order of the Company which when or would, if accepted, have a material adverse effect, individually or in the aggregate, on the business or financial condition of the Company.
Purchase Commitments and Outstanding Bids. Seller has previously ----------------------------------------- delivered to Buyer a complete and accurate list of all accepted and unfilled orders and commitments, all of which orders and commitments were made in the ordinary course of business. As of the date of this Agreement, there are no claims with respect to the Business against Seller requesting or requiring the return of merchandise by reason of alleged overshipments, defective merchandise or otherwise, or the return of merchandise in the hands of customers under an understanding that such merchandise would be returnable. No outstanding purchase or outstanding lease commitment of Seller presently is in excess of the normal, ordinary and usual requirements or capacity of the Business, or was made at any price in excess of or materially less than the now current market price or contains terms and conditions other than those usual and customary in the Business. There is no outstanding bid, proposal, Contract or unfilled order which relates to the Assets which will or would, if accepted, have a material adverse effect, individually or in the aggregate, on the Business or the Assets or will or would, if accepted, reasonably be expected to result in a net loss to Seller.
Purchase Commitments and Outstanding Bids. No material purchase ----------------------------------------- commitment of the Company is in excess of normal, ordinary and usual requirements of its business, or was made at any price in excess of the then current market price, or contains terms and conditions more onerous than those usual and customary in the industry. There is no outstanding material bid, sales proposal, contract or unfilled order of the Company which (a) will, or could if accepted, require the Company to supply goods or services at a cost to the Company in excess of the revenues to be received therefrom, or (b) quotes prices which do not include a mark-up over reasonably esxxxxted costs consistent with past mark-ups on similar businexx xr market conditions current at the time.
Purchase Commitments and Outstanding Bids. As of June 16, 2004, except as listed on Schedule 5.19, there are no accepted and unfulfilled orders for the sale of merchandise or services entered into by a Subject Company in excess of $50,000 per customer, all of which orders were made in the ordinary course of business consistent with past practice. In addition, as of June 16, 2004, except as listed on Schedule 5.19, there are no Contracts or commitments for the purchase of supplies entered into by a Subject Company in excess of $50,000 per vendor or supplier, all of which Contracts and commitments were made in the ordinary course of business consistent with past practice. As of the date of this Agreement, there are no claims against such Subject Company known to MJ GeneWorks or the Shareholders to return in excess of an aggregate of $100,000 of merchandise by reason of alleged overshipments, defective merchandise or otherwise, or of merchandise in the hands of customers under an understanding that such merchandise would be returned. No outstanding purchase or outstanding lease (excluding real property leases) commitment of a Subject Company currently is in excess of the normal, ordinary and usual requirements of its business consistent with past practices. Except as set forth on Schedule 5.19, there is no outstanding bid, proposal, Contract or unfilled order of such Subject Company that is reasonably likely to have, if accepted by the other party thereto, a Material Adverse Effect.
Purchase Commitments and Outstanding Bids. No purchase commitment of the Company is in excess of normal, ordinary and usual requirements of its business, or was made at any price in excess of the then current market price, or contains terms and conditions more onerous than those usually and customary in the industry. In the aggregate, the outstanding bids, sales proposals, contracts or unfilled orders of the Company (i) will not (based on today's costs and reasonably foreseeable increases in such costs) require the Company to supply goods or services at cost to the Company in excess of the revenues to be received therefrom, and (ii) quote prices which include a xxxx-up over reasonably estimated costs consistent with past xxxx-ups on similar business.
Purchase Commitments and Outstanding Bids. As of the date of this Agreement, the aggregate of all Contracts for the purchase of Inventory by the Company and its Subsidiaries, other than in the ordinary course of business, does not exceed $10,000. No outstanding purchase or outstanding lease commitment of the Company presently is in excess of the normal, ordinary and usual requirements of the Business or was made at any price materially in excess of the now current market price or contains terms and conditions more onerous than those usual and customary in the Company's business. There are outstanding no pending obligations to lease real property in addition to those identified on Schedule 3.8(c).
Purchase Commitments and Outstanding Bids. Schedule 4.24 sets forth (i) a list of accepted and unfulfilled orders for the sale of merchandise entered into by Seller as of the date of this Agreement, and (ii) a list of orders or commitments for the purchase of supplies by Seller as of the date of this Agreement, which lists are accurate and complete in all material respects. All such orders and commitments were made in the ordinary course of business. As of the date of this Agreement, to Seller’s Knowledge and except for Customer Deductions, there are no claims against Seller to return merchandise by reason of alleged over-shipments, defective merchandise or otherwise, or of merchandise in the hands of customers under an understanding that such merchandise would be returnable. No outstanding purchase or outstanding lease commitment of Seller presently is in excess of the normal, ordinary and usual requirements of the Business or was made at any price in excess of the now current market price or contains terms and conditions more onerous than those usual and customary in the Business. There is no outstanding bid, proposal, Contract or unfilled order which relates to the Assets which will or could, if accepted, have a Material Adverse Effect.
Purchase Commitments and Outstanding Bids. All accepted and unfulfilled orders for the sale of merchandise received by DSNC, and all DSNC Contracts or commitments for the purchase of supplies by it, were made in the ordinary course of business consistent with past practice. Except as set forth on SCHEDULE 2.18, there are no claims in excess of $25,000 against DSNC to return merchandise by reason of alleged overshipments, defective merchandise or otherwise. To the knowledge of DSNC, there is no outstanding bid, proposal or unfilled order which relates to the business of DSNC which is or would, if accepted, reasonably be expected to result in a net loss to DSNC. Except as reflected on SCHEDULE 2.18, DSNC has no prepayments or deposits from customers for products to be shipped, or services to be performed, by DSNC after the Closing Date.
