Common use of Purchase Commitments and Outstanding Bids Clause in Contracts

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. Seller has previously ----------------------------------------- delivered to Buyer Schedule 4.24 sets forth (i) a complete and accurate list of all each accepted and unfilled unfulfilled order for the sale of merchandise having a value in excess of $10,000 entered into by Seller as of the date of this Agreement, and (ii) a list of orders or commitments for the purchase of supplies having a value in excess of $10,000 entered into by Seller as of the date of this Agreement, which lists are accurate and commitments, complete in all of which material respects. All such 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 to return of merchandise by reason of alleged overshipmentsover-shipments, 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, 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 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 wouldcould, 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 SellerSeller Material Adverse Effect.

Purchase Commitments and Outstanding Bids. Seller has previously ----------------------------------------- delivered to Buyer a complete Except for the orders, contracts and accurate list commitments set forth in section 4.27 of the Disclosure Schedule, the aggregate of all accepted and unfilled orders and commitmentscontracts or commitments for the purchase of supplies (including, without limitation, materials generally used in the operation of the business) by any Seller Entity does not exceed Fifty Thousand Dollars ($50,000), all of which orders orders, contracts and commitments were made in the ordinary course of business. As Seller, the Company, the Partnership and the LLC have no notice of any claims against the date of this Agreement, there are no claims with respect Seller Entities 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 any merchandise in the hands of customers under an understanding that such merchandise would be returnable. No outstanding purchase or outstanding lease commitment of any of the Seller presently Entities is currently in excess of the normal, ordinary and usual requirements or capacity of the Businessits 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 more onerous than those usual and customary in the BusinessSeller Entities' business. There is no outstanding bid, proposal, Contract or unfilled order which relates to of the Assets which Seller Entities that 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 SellerMaterial Adverse Effect.

Purchase Commitments and Outstanding Bids. Seller has previously ----------------------------------------- delivered to Buyer a complete and accurate list As of the date of this Agreement, the aggregate of all accepted and unfilled unfulfilled orders for the sale of merchandise entered into by the Company does not exceed the amount set forth on the Disclosure Schedule, and commitmentsthe aggregate of all Contracts or commitments for the purchase of supplies by it does not exceed the amount set forth on the Disclosure Schedule, all of which orders orders, Contracts and commitments were made in the ordinary course of businessbusiness and consistent with past practices. As of the date of this Agreement, there are no claims with respect against the Company 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, in either such case, in excess of the amount set forth on the Disclosure Schedule. No To the Best of the Company's Knowledge, no outstanding purchase or outstanding lease commitment of Seller the Company presently is in excess of the normal, ordinary and usual requirements or capacity of the Business, its 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 more onerous than those usual and customary in the Business. There is no outstanding bid, proposal, Contract or unfilled order which relates to of the Assets Company which will or wouldcould, 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 Selleran Adverse Effect.