Return of Inventory. 12.6.1 In the event SUPPLIER terminates this Agreement without cause or elects not to renew the same, or DISTRIBUTOR terminates this Agreement for cause, SUPPLIER shall repurchase from DISTRIBUTOR any and all unsold Products designated by DISTRIBUTOR from its inventory at the price paid therefor by DISTRIBUTOR, less any prior credits granted by SUPPLIER on such Products. SUPPLIER shall pay all freight and shipping charges in connection with such repurchases.
12.6.2 In the event DISTRIBUTOR terminates this Agreement without cause or elects not to renew the same, SUPPLIER shall repurchase from DISTRIBUTOR from its inventory at the same price as set forth in Subsection 12.6.1 above. A twenty percent (20%) handling charge may be deducted by SUPPLIER from the purchase price to be paid by DISTRIBUTOR for all Products returned in salable condition in opened or non-original packaging. DISTRIBUTOR shall pay all freight and shipping charges in connection with such repurchases.
12.6.3 Notwithstanding the foregoing, SUPPLIER shall be required to accept only those Products which are in their original unopened packaging or, where not in such packaging, are undamaged and in salable or merchantable condition after testing and inspection by SUPPLIER.
Return of Inventory. Enter into, or permit any of its Subsidiaries to enter into, any agreement to return any of its Inventory to any of its creditors for application against any Prepetition Debt, Prepetition trade payables or other Prepetition claims under Section 546(h) of the Bankruptcy Code.
Return of Inventory. In the event of the Supplier terminating this contact without cause, Supplier will repurchase from Distributor any or all unsold products, that were shipped within the last 180 days, designated by Distributor from its inventory at the price paid therefor by Distributor, less any prior credits taken by Distributor on such products. If Distributor terminates this Agreement without cause, or Supplier terminates it with cause, the price will be reduced by a five percent handling charge and Distributor will pay all freight and shipping charges (which otherwise will be paid by Supplier). In the event of any termination, Supplier will, at Distributor’s request, honor any Distributor purchase order then outstanding. In the event of inventory return, Supplier will be required to accept only those products which are in their original unopened packaging. No termination of this Agreement will affect any obligation of either party to pay amounts due to the other hereunder.
Return of Inventory. In the event of any termination, Hospira shall return any remaining inventory of Product to Revance at Revance’s expense plus the price for such Products determined in accordance with Section 4.9, unless such termination shall have been as a result of a breach of this Agreement by Hospira, in which case such inventory shall be returned at Hospira’s expense but Revance shall still be required to pay the price for such Products determined in accordance with Section 4.9.
Return of Inventory. In the event of an early termination of this Agreement by FREEPOINT due to a default under Section 9.1.1, 9.1.2, or 9.1.3 by ENERPULSE, ENERPULSE shall, at FREEPOINT's option, and in addition to any other remedies FREEPOINT may have under this Agreement or applicable law, repurchase any remaining Products in FREEPOINT's inventory at the Freepoint Sale Price.
Return of Inventory. If at any time prior to our Default under the Agreement or this Rider, any account debtor returns any Inventory to us in the ordinary course of our business, we shall promptly determine the reason for such return and issue a credit memorandum to the account debtor in the appropriate amount. We agree to give you prompt notice of the return of such Inventory. In the event any attempted return occurs after our Default hereunder, we shall (i) hold the returned Inventory in trust for you, (ii) segregate all returned Inventory from all of our other property and (iii) conspicuously label the returned Inventory as your property.
Return of Inventory. The Parties agree that at any time after ------------------- December 31, 1996, the Buyer shall have the right to return any item of Inventory that the Buyer has not sold within ninety (90) days of the Closing Date, to the Sellers for a full refund of the price paid for such item of Inventory. The Buyer shall use its Best Efforts to sell the Inventory and shall pay the reasonable shipping costs associated with any items of Inventory returned by the Buyer pursuant to this section. The Parties further agree that any items of Inventory returned pursuant to this Section 6.11 must be sent to the Sellers for return within one hundred and fifty (150) days of the Closing Date, and may not be returned to the Sellers on or before December 31, 1996.
Return of Inventory. In the event of termination or expiration of this Agreement, Distributor shall within ninety (90) days make Distributor’s entire inventory of the Products in saleable condition available to the Company, and Company shall have the right but not the obligation to repurchase the inventory for the same price as Distributor paid to Company. If Company does not exercise its right to repurchase within fifteen (15) days after the date on which Distributor makes its inventory available to the Company, Distributor shall be permitted a selloff period of one hundred twenty (120) days to sell off any inventory in its possession. Distributor shall immediately cease all sales, marketing and distribution of the Product at the end of such selloff period and Distributor shall immediately destroy any inventory then-remaining under its control, at its expense, and shall either (a) allow a Company representative to be present during such destruction or (b) provide a certificate of such destruction.
Return of Inventory. Upon termination of this Agreement, in whole or in part, for any reason, certain of the following clauses (i) through (iii) shall apply to inventory of terminated Product owned by Distributor as of the date of termination, but only to the extent expressly set forth in Sections 10.2 through 10.8 above:
(i) Manufacturer will have the option, to be exercised in Manufacturer’s sole and absolute discretion, to repurchase any or all of the inventory of terminated Products then owned by Distributor, which option may be exercised by Manufacturer by providing written notice thereof to Distributor within ten (10) Business Days after the effective date of termination. Upon the exercise by Manufacturer of such option with respect to any Products, Distributor shall promptly ship the repurchased Products to Manufacturer or its designee, and Manufacturer shall (A) in the case of Products that have been shipped to Distributor and paid for by Distributor, pay Distributor a purchase price for such Products equal to the Invoice Supply Price paid by Distributor for such Products, and (B) in the case of Products that have been shipped to Distributor but have not been paid for by Distributor, cancel any outstanding unpaid invoices for such Products, except that Manufacturer’s obligation to pay for or cancel invoices for Products shall be limited to inventory of terminated Products that has remaining shelf life of at least the termination dating specified in Exhibit 5.6 as of the date of termination.
(ii) Distributor will have the option, to be exercised in Distributor’s sole and absolute discretion, to require Manufacturer to repurchase any or all of the inventory of terminated Products then owned by Distributor that has remaining shelf life of at least the termination dating specified in Exhibit 5.6 as of the date of such termination. Distributor may exercise such option by providing written notice thereof to Manufacturer within ten (10) Business Days after the effective date of termination. Upon the exercise by Distributor of such option with respect to any Products, Distributor shall promptly ship the repurchased Products to Manufacturer or its designee, and Manufacturer shall (A) in the case of Products that have been shipped to Distributor and paid for by Distributor, pay Distributor a purchase price for such Products equal to the Invoice Supply Price paid by Distributor for such Products within thirty (30) days of Manufacturer’s receipt of such Product, and (B) in the cas...
Return of Inventory. In the event MEMSIC terminates this Agreement with or without cause or elects not to renew the same, MEMSIC shall, at Distributor’s request, repurchase from DISTRIBUTOR all unsold Products from DISTRIBUTOR’s inventory at the price paid by DISTRIBUTOR, less any prior credits granted by MEMSIC on such Products within thirty (30) days from the date of termination. MEMSIC shall pay all freight and shipping charges in connection with such repurchases.
