Common use of Purchase Commitments and Outstanding Bids Clause in Contracts

Purchase Commitments and Outstanding Bids. As of the date of this Agreement, all accepted and unfulfilled orders for the sale of merchandise received by any of the Company and its Subsidiaries, and all pending orders or commitments for the purchase of supplies by the Company and its Subsidiaries were made in the Ordinary Course of Business. Except in the Ordinary Course of Business or as set forth on Section 5.31 of the Disclosure Schedule, there are no claims against any of the Company or its Subsidiaries to return a material amount 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 returnable. No outstanding purchase or outstanding lease commitment of any of the Company or any of its Subsidiaries presently is in excess of the normal, ordinary and usual requirements of the Company and its Subsidiaries or was made at any price materially in excess of the now current market price or contains terms and conditions more onerous than those usual and customary in the Ordinary Course of Business. There is no outstanding bid, proposal, Contract or unfilled order which will or would, if accepted, have a Material Adverse Effect, individually or in the aggregate, on the Company and its Subsidiaries.

Purchase Commitments and Outstanding Bids. As Schedule 4.24 sets forth (i) a list of the date of this Agreement, all accepted and unfulfilled orders for the sale of merchandise received entered into by any Seller as of the Company and its Subsidiariesdate of this Agreement, and all pending (ii) a list of orders or commitments for the purchase of supplies by Seller as of the Company date of this Agreement, which lists are accurate and its Subsidiaries complete in all material respects. All such orders and commitments were made in the Ordinary Course ordinary course of Businessbusiness. Except in the Ordinary Course of Business or as set forth on Section 5.31 As of the Disclosure Scheduledate of this Agreement, to Seller’s Knowledge and except for Customer Deductions, there are no claims against any of the Company or its Subsidiaries Seller to return a material amount of merchandise by reason of alleged overshipmentsover-shipments, defective merchandise or otherwise, or of 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 Company or any of its Subsidiaries Seller presently is in excess of the normal, ordinary and usual requirements of the Company and its Subsidiaries Business or was made at any price materially in excess of the now current market price or contains terms and conditions more onerous than those usual and customary in the Ordinary Course of 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 Company and its Subsidiaries.

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 received entered into by any of the Company and its Subsidiariesdoes not exceed the amount set forth on the Disclosure Schedule, and the aggregate of all pending orders Contracts or commitments for the purchase of supplies by it does not exceed the Company amount set forth on the Disclosure Schedule, all of which orders, Contracts and its Subsidiaries commitments were made in the Ordinary Course ordinary course of Businessbusiness and consistent with past practices. Except in the Ordinary Course of Business or as set forth on Section 5.31 As of the Disclosure Scheduledate of this Agreement, there are no claims against any of the Company or its Subsidiaries to return a material amount 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 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 any of the Company or any of its Subsidiaries presently is in excess of the normal, ordinary and usual requirements of the Company and its Subsidiaries Business or was made at any price materially in excess of the now current market price or contains terms and conditions more onerous than those usual and customary in the Ordinary Course of Business. There is no outstanding bid, proposal, Contract or unfilled order of the Company which will or wouldcould, if accepted, have a Material an Adverse Effect, individually or in the aggregate, on the Company and its Subsidiaries.

Purchase Commitments and Outstanding Bids. As Except for the orders, contracts and commitments set forth in section 4.27 of the date Disclosure Schedule, the aggregate of this Agreement, all accepted and unfulfilled orders for the sale of merchandise received by any of the Company and its Subsidiaries, and all pending orders contracts or commitments for the purchase of supplies (including, without limitation, materials generally used in the operation of the business) by the Company any Seller Entity does not exceed Fifty Thousand Dollars ($50,000), all of which orders, contracts and its Subsidiaries commitments were made in the Ordinary Course ordinary course of Businessbusiness. Except in Seller, the Ordinary Course Company, the Partnership and the LLC have no notice of Business or as set forth on Section 5.31 of the Disclosure Schedule, there are no any claims against any of the Company or its Subsidiaries Seller Entities to return a material amount of merchandise by reason of alleged overshipments, defective merchandise or otherwise, or 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 Company or any of its Subsidiaries presently Seller Entities is currently in excess of the normal, ordinary and usual requirements of the Company and its Subsidiaries or business, was made at any price materially in excess of the now current market price or contains terms and conditions more onerous than those usual and customary in the Ordinary Course of BusinessSeller Entities' business. There is no outstanding bid, proposal, Contract or unfilled order which of the Seller Entities that will or would, if accepted, have a Material Adverse Effect, individually or in the aggregate, on the Company and its Subsidiaries.