Common use of Purchase Commitments and Outstanding Bids Clause in Contracts

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.

Appears in 3 contracts

Samples: Stock Purchase Agreement (H Power Corp), Stock Purchase Agreement (H Power Corp), Stock Purchase Agreement (H Power Corp)

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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 xxxxmxxx-up over reasonably estimated costs consistent with past xxxxmxxx-ups on similar business or market conditions current at the time.

Appears in 2 contracts

Samples: Convertible Debenture Purchase Agreement (Wireless Ronin Technologies Inc), Convertible Debenture Purchase Agreement (Wireless Ronin Technologies Inc)

Purchase Commitments and Outstanding Bids. No material purchase commitment of the any Acquired 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 any Acquired Company which (ai) will, or could if accepted, require the such Acquired Company to supply goods or services at a cost to the such Acquired Company in excess of the revenues revenue to be received therefrom, or (bii) 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.

Appears in 1 contract

Samples: Stock Purchase Agreement (Monarch Dental Corp)

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 xxxxmark-up xx over reasonably estimated costs consistent with past xxxxmark-ups xxx on similar business or market conditions current at the time.

Appears in 1 contract

Samples: Stock Purchase Agreement (Valuevision International Inc)

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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.

Appears in 1 contract

Samples: Stock Purchase Agreement (Navarre Corp /Mn/)

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