Common use of Purchase Commitments and Outstanding Bids Clause in Contracts

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.

Appears in 2 contracts

Samples: Stock Acquisition Agreement (Industrial Data Systems Corp), Stock Acquisition Agreement (Industrial Data Systems Corp)

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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$275,000.00, and the aggregate of all Contracts or commitments for the purchase of supplies by it does not exceed $ 1,000,000$50,000.00, 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 $10,000.00 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 win or would, if accepted, have a material adverse effect, individually or in the aggregate, on the business or financial condition of the Company.

Appears in 1 contract

Samples: Stock Acquisition Agreement (Industrial Data Systems Corp)

Purchase Commitments and Outstanding Bids. As of the date of this AgreementClosing Date, the aggregate of all accepted and unfulfilled orders for the sale of merchandise entered into by the Company Housewares does not exceed $ 1,000,000$50,000, and the aggregate of all Contracts or commitments for the purchase of supplies by it does not exceed $ 1,000,000$50,000, all of which orders, Contracts and commitments were made in the ordinary course Ordinary Course of businessBusiness. As of the date of this AgreementClosing Date, there are no claims against the Company Housewares 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 refundablereturnable. No outstanding purchase or outstanding lease commitment of the Company Housewares 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 Housewares' business. There is no outstanding bid, proposal, Contract or unfilled order of the Company Housewares which when will or would, if accepted, have a material adverse effect, individually or in the aggregate, on the business or of financial condition of the CompanyHousewares.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Home Products International Inc)

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 in connection with the Business entered into by the Company does not exceed $ 1,000,000Seller is at least $150,000, and the aggregate of all Contracts orders or commitments for the purchase of supplies by it Seller does not exceed $ 1,000,000$460,000, all of which orders, Contracts orders and commitments were made in the ordinary course Ordinary Course of businessBusiness. As of the date of this Agreement, there are no claims against the Company Seller 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 refundablereturnable. No outstanding purchase or outstanding lease commitment of the Company Seller presently is in excess of the normal, ordinary and usual requirements of its business 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 Company's businessBusiness. There is no outstanding bid, proposal, Contract or unfilled order of which relates to the Company Assets which when will or would, if accepted, have a material adverse effectMaterial Adverse Effect, individually or in the aggregate, on the business Business or financial condition of the CompanyAssets or will or would, if accepted, reasonably be expected to result in a net consolidated loss to Seller.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ciphergen Biosystems Inc)

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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, 750,000.00 and the aggregate of all Contracts or commitments for the purchase of supplies by it does not exceed $ 1,000,000200,000.00, 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.

Appears in 1 contract

Samples: Stock Acquisition Agreement (Industrial Data Systems Corp)

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