Common use of Purchase Commitments and Outstanding Bids Clause in Contracts

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.

Appears in 3 contracts

Samples: Agreement of Merger And (Electro Energy Inc), Agreement of Merger And (Electro Energy Inc), Agreement of Merger And (Electro Energy Inc)

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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 mxxxxxxx-up over reasonably estimated costs reasonably consistent with past mxxxxxxx-ups on similar business.

Appears in 2 contracts

Samples: Agreement of Merger And (Spatializer Audio Laboratories Inc), Agreement of Merger And (Odyne Corp)

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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 mxxxxxxx-up over reasonably estimated costs reasonably consistent with past mxxxxxxx-ups on similar business.

Appears in 1 contract

Samples: Agreement of Merger and Plan (Refocus Group Inc)

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