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

Appears in 1 contract

Samples: Partial Liquidation Agreement (GRG 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 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 mxxxxxxx-up over reasonably estimated costs consistent with past mxxxxxxx-ups on similar business.

Appears in 1 contract

Samples: Agreement and Plan of Exchange (Dnaprint Genomics Inc)

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 at the Closing Date 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 mxxxxxxx-up over reasonably estimated costs consistent with past mxxxxxxx-ups on similar business.

Appears in 1 contract

Samples: Agreement and Plan of Exchange (Genomed 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 was, to the Company's knowledge, made at any price in excess of the then current market price, or contains contains, to the Company's knowledge, terms and conditions more onerous than those usually usual and customary in the industry. In the aggregate, the There is no outstanding bidsmaterial bid, sales proposalsproposal, contracts contract or unfilled orders order of the Company which (ia) will not (based on today's costs and reasonably foreseeable increases in such costs) 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, and or (iib) quote quotes prices which do not include a mxxxxxxx-up over reasonably estimated costs consistent with past mxxxxxxx-ups on similar businessbusiness or market conditions current at the time.

Appears in 1 contract

Samples: Stock Purchase Agreement (Life Time Fitness Inc)

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