Raw Materials Inventory. Eighty–five percent (85%) of the product of the Appraised Liquidation Percentage multiplied by the sum of (i) the gross cost of all work-in-process and raw materials inventory owned by the Borrower and Xxxxxxxxx Xxxxx Manufacturing S.a.r.

Raw Materials Inventory. A. Catalent shall be responsible for procuring, inspecting, storing, and releasing adequate Raw Materials as necessary to meet the Firm Commitment, unless otherwise agreed by the Parties in writing. B. With respect to all Product and Client-supplied Materials, including In-Process Materials (collectively, “Inventory”), Catalent will provide Client with monthly inventory reports in the form generated by its electronic inventory management system. C. Catalent will employ commercially reasonable efforts to use Raw Materials and Client-supplied Materials on a first-to-expire, first-out basis, unless otherwise requested by Client in writing and agreed by Xxxxxxxx in writing. Catalent shall not use either the Raw Materials or Client-supplied Materials beyond the shelf life required under any Applicable Law. Once annually at mutually agreed times, Catalent shall give Client reasonable access to the Inventory and related records, and to the Personnel that regularly manage such Inventory and records, to permit Client to conduct a physical count of all Inventory in Catalent’s possession or control. Catalent will use commercially reasonable efforts to assist Client in obtaining access to any Inventory stored by a subcontractor of Catalent. Catalent will promptly advise Client if it encounters Inventory supply problems, including delays or delivery of non-conforming Raw Materials or Client-supplied Materials. Catalent shall not be liable for any delay in delivery of Product to the extent caused by Catalent’s inability to obtain, in a timely manner, a particular Raw Material necessary for Processing, so long as Catalent placed orders for such Raw Materials promptly following receipt of Client’s Firm Commitment. In the event that any Raw Material becomes subject to purchase lead time beyond the Firm Commitment time frame, the Parties will negotiate in good faith an appropriate amendment to this Agreement, including Section 4.2. Should any supply problems with Vendors of Raw Materials or Client-supplied Materials arise, the Parties will cooperate in good faith to reduce or eliminate such supply problems. D. If Client requires a specific supplier, manufacturer or vendor (“Vendor”) to be used for Raw Material and such Vendor and has not previously been qualified by Catalent for purposes of sourcing such Raw Material, then (i) such Vendor will be identified in the Specifications and (ii) the Raw Materials from such Vendor shall be deemed Client-supplied Materials for purpos...

Raw Materials Inventory. That certain Raw Materials Inventory Purchase Agreement of even date between the Seller and the Buyer (the "Raw Materials Inventory Agreement"), duly executed by the Seller.

Raw Materials Inventory. The Raw Materials Inventory Agreement, duly executed by the Buyer.

Raw Materials Inventory. In addition to having available the amounts of Key Raw Materials required to accomplish the manufacture of the specific quantities of Bulk Products or Bulk Product Intermediates ordered by COR for each calendar year during the term of this Agreement, Solvay will maintain an inventory of Key Raw Materials of not less than the amount necessary to meet [*] of the production scheduled for that calendar year. The inventory will be maintained at a facility [*] Such inventory shall be rotated [*].

Raw Materials Inventory. 4.1 With respect to the FLEX family of systems Products and other mutually agreed Products, the following provisions of this Section 4.0 shall apply to Materials: 4.1.1 Except where explicit other arrangements with Customer have been made, Supplier shall directly source the Materials and subassemblies necessary for the complete manufacture of the Products and all FCT Activities. All Materials and subassemblies will be declared and imported into China by Supplier as the importer of record and Supplier will be responsible for compliance with all applicable laws, import controls and regulations governing the importation and/or use of such Materials and subassemblies into China. Notwithstanding anything to the contrary contained herein, any duty, value added tax or similar costs arising with respect to Materials and subassemblies that cannot be imported into China duty free, and value added or similar tax free, shall be borne by Supplier and Customer shall reimburse Supplier for any such expense via Product pricing, provided that Supplier can demonstrate that it has made reasonable and good faith efforts to comply with all applicable laws, import controls, and regulations governing the importation and/or use of such Materials and subassemblies into China. 4.1.2 Supplier shall provide prompt notification to Customer in the event of a violation of such laws, import controls or regulations or the initiation or existence of a government investigation that could affect Supplier’s performance under this Amendment. 4.1.3 Supplier and Customer may mutually agree that selected parts necessary for the manufacture and assembly of the system Products and/or the conduct of the FCT Activities may be sourced directly by Customer and provided to Supplier on a consignment basis (the “Consigned Materials”). The Consigned Materials will be supplied to Supplier by Customer in accordance with the following process and on the following terms: (i) Customer will place the purchase orders with the raw material suppliers; (ii) Customer will pay all associated shipping costs and other transportation related costs for the Consigned Materials; (iii) Customer will be responsible for risk of loss or damage to the Consigned Materials during transportation to the Supplier Facility; (iv) Supplier will be responsible for the Consigned Materials and shall bear risk of loss with respect to the Consigned Materials while such items are in Supplier’s control, custody or possession and until delivery...

Related to Raw Materials Inventory

Raw Materials A. Catalent shall procure Raw Materials only from vendors that are approved in writing by Palatin or otherwise qualified in accordance with the provisions of the Quality Agreement. Catalent shall be responsible for procuring Raw Materials as necessary to meet the Firm Commitment. Catalent shall not be liable for any delay in delivery of Product if (i) Catalent is unable to obtain, in a timely manner, a particular Raw Material necessary for Processing and (ii) Catalent placed orders for such Raw Materials promptly following receipt of Palatin’s Firm Commitment. In the event that any Raw Material becomes subject to purchase lead time beyond the Firm Commitment time frame, the parties will negotiate in good faith an appropriate amendment to this Agreement, including Clause 4.2. B. In certain instances, Palatin may require a specific supplier, manufacturer or vendor (“Vendor”) to be used for Raw Material. In such an event, (i) such Vendor will be identified in the Specifications and (ii) the Raw Materials from such Vendor shall be deemed Palatin-supplied Materials for purposes of this Agreement. If the cost of the Raw Material from any such Vendor (other than a Vendor specified in the Specifications as of the Effective Date) is greater than Catalent’s costs for the same raw material of equal quality from other vendors, Catalent shall add the difference between Catalent’s cost of the Raw Material and the Vendor’s cost of the Raw Material to the Unit Pricing. Palatin will be responsible for all reasonable, out-of-pocket costs incurred by Catalent associated with qualification of any such Vendor who has not been previously qualified by Catalent. C. In the event of (i) a Specification change for any reason, (ii) obsolescence of any Raw Material or (iii) termination or expiry of this Agreement, Palatin shall bear the cost of any unused Raw Materials (including packaging), so long as Catalent (a) purchased such Raw Materials in quantities consistent with Palatin’s then current Firm Commitment and any minimum purchase obligations required by the vendor and (b) used commercially reasonable efforts to mitigate such costs by using any such unused Raw Materials in the manufacture of other products.
Inventory To the extent Inventory held for sale or lease has been produced by any Borrower, it has been and will be produced by such Borrower in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations and orders thereunder.
Consumables During the design phase, Purchaser may participate in the selection of suppliers of consumables of the Supplier. In such case, the choice regarding the final selection of the said suppliers shall be mutually agreed between the Parties. Two suppliers shall be identified and selected for each type of consumables.
SIGNIFICANT LANDS INVENTORY FINDING Find that this activity is consistent with the use classification designated by the Commission for the land pursuant to Public Resources Code section 6370 et seq.
Inventories All of the Assets constituting inventory are owned or used by Company, are in good, current, standard and merchantable condition and are not obsolete or defective.
Physical Inventory The Contractor shall periodically perform, record, and disclose physical inventory results. A final physical inventory shall be performed upon contract completion or termination. The Property Administrator may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of the Contractor’s system or the property is to be transferred to a follow-on contract).
Eligible Inventory For purposes of this Agreement, Eligible Inventory shall exclude any Inventory to which any of the exclusionary criteria set forth below applies. The Administrative Agent shall have the right to establish, modify or eliminate Reserves against Eligible Inventory from time to time in its reasonable credit judgment. In addition, the Administrative Agent reserves the right, at any time and from time to time after the Original Closing Date, to adjust any of the criteria set forth below, to establish new criteria and to adjust the applicable advance rate with respect to Eligible Inventory, in its reasonable credit judgment, subject to the approval of the Supermajority Lenders in the case of adjustments, new criteria, changes in the applicable advance rate or the elimination of Reserves which have the effect of making more credit available. Eligible Inventory shall not include any Inventory of Borrower or any Borrowing Base Guarantor that: (i) the Collateral Agent, on behalf of Secured Parties, does not have a first priority and exclusive perfected Lien on such Inventory; (ii) is not located on premises in United States or Canada; (iii) (A) is located on premises leased by Borrower or a Borrowing Base Guarantor, unless (x) at such location the aggregate value of Inventory exceeds $250,000, and (y) either (1) a reasonably satisfactory Landlord Lien Waiver and Access Agreement has been delivered to the Collateral Agent, or (2) Reserves reasonably satisfactory to the Administrative Agent have been established with respect thereto or (B) is stored with a bailee or warehouseman where the aggregate value of Inventory exceeds $250,000 unless either (x) a reasonably satisfactory, acknowledged bailee waiver letter has been received by the Collateral Agent or (y) Reserves reasonably satisfactory to the Administrative Agent have been established with respect thereto, or (C) is located at an owned location subject to a mortgage in favor of a lender other than the Collateral Agent where the aggregate value of Inventory exceeds $250,000 unless either (x) a reasonably satisfactory mortgagee waiver has been delivered to the Collateral Agent or (y) Reserves reasonably satisfactory to the Administrative Agent have been established with respect thereto; (iv) is placed on consignment (other than Eligible Consigned Inventory); (v) is covered by a negotiable document of title, unless such document has been delivered to the Collateral Agent with all necessary endorsements, free and clear of all Liens except those in favor of the Collateral Agent and the Lenders and landlords, carriers, bailees and warehousemen if clause (iii) above has been complied with; (vi) is to be returned to suppliers; (vii) is obsolete, unsalable, shopworn, seconds, damaged or unfit for sale; (viii) is slow moving (in excess of 1-year supply); (ix) consists of display items, samples or packing or shipping materials, manufacturing supplies or replacement parts (it being understood that Eligible Inventory shall not exclude work-in-process Inventory if it is not excluded in accordance with other criteria set forth herein, unless otherwise determined by the Administrative Agent in its reasonable credit judgment); (x) is not of a type held for sale in the ordinary course of Borrower’s or any Borrowing Base Guarantor’s, as applicable, business; (xi) breaches any of the representations or warranties pertaining to Inventory set forth in the Loan Documents; (xii) consists of Hazardous Material or goods that can be transported or sold only with licenses that are not readily available; (xiii) is not covered by casualty insurance maintained as required by Section 5.04; (xiv) consists of custom made Inventory which is not saleable to any other customer or in ordinary course; (xv) is in transit; or (xvi) is subject to any licensing arrangement the effect of which would be to limit the ability of Collateral Agent, or any Person selling the Inventory on behalf of Collateral Agent, to sell such Inventory in enforcement of the Collateral Agent’s Liens, without further consent or payment to the licensor or other.
Materials and Equipment ‌ Material means property that may be consumed or expended during performance, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for performance. Materials and Equipment shall be priced in accordance with the terms of the task order award, contract type, and applicable FAR and agency-specific regulatory supplements. Unless otherwise directed by task order terms and conditions, the Contractor may apply indirect costs to materials and equipment consistent with the Contractor’s usual accounting practices.
Merchantable Inventory All Inventory is in all material respects of good and marketable quality, free from all material defects, except for Inventory for which adequate reserves have been made.
Tooling Unless otherwise specified in this Agreement, all tooling and/or all other articles required for the performance hereof shall be furnished by Seller, maintained in good condition and replaced when necessary at Seller's expense. If NETAPP agrees to pay Seller for special tooling or other items either separately or as a stated part of the unit price of Goods purchased herein, title to same shall be and remain in NETAPP upon payment therefore.

Raw Materials Inventory Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Related to Raw Materials Inventory