Common use of Returns of Inventory Clause in Contracts

Returns of Inventory. No Borrower shall return any of its Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless (i) such return is in the Ordinary Course of Business of such Borrower and such Person; (ii) no Event of Default has occurred and is continuing or would result therefrom; (iii) the return of such Inventory will not result in an Out-of-Formula Condition; (iv) such Borrower promptly notifies the Collateral Agent thereof if the aggregate value of all Inventory returned in any month exceeds $1,500,000; and (v) any payments received by such Borrower in connection with any such return are promptly turned over to the Administrative Agent for application to the Obligations.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Delek US Holdings, Inc.), Revolving Credit Agreement (Delek US Holdings, Inc.), Revolving Credit Agreement (Delek US Holdings, Inc.)

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Returns of Inventory. No Borrower shall return any of its Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless (i) such return is in the Ordinary Course of Business of such Borrower and such Person; (ii) no Default or Event of Default has occurred and is continuing exists or would result therefrom; (iii) the return of such Inventory will not result in an Out-of-Formula Condition; (iv) such Borrower promptly notifies the Collateral Agent thereof if the aggregate value Value of all Eligible Inventory returned in any month exceeds $1,500,00050,000; and (v) any payments received by such any Borrower in connection with any such return are promptly turned over to the Administrative Agent for application to the Obligations.

Appears in 3 contracts

Samples: Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc)

Returns of Inventory. No Borrower shall return any of its Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless (i) such return is in the Ordinary Course of Business of such Borrower and such Person; (ii) no Default or Event of Default has occurred and is continuing exists or would result therefrom; (iii) the return of such Inventory will not result in an Out-of-Formula Condition; (iv) such Borrower promptly notifies the Collateral Agent thereof if the aggregate value Value of all Inventory returned in any month exceeds $1,500,0001,000,000; and (v) any payments received by such Borrower in connection with any such return are promptly turned over to the Administrative Agent for application to the Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tropical Sportswear International Corp), Loan and Security Agreement (Tropical Sportswear International Corp)

Returns of Inventory. No Borrower shall not return any of its Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless (i) such return is in the Ordinary Course of Business of such Borrower and such Person; (ii) no Default or Event of Default has occurred and is continuing exists or would result therefrom; (iii) the return of such Inventory will not result in an Out-of-Formula Condition; and (iv) such Borrower promptly notifies the Collateral Agent thereof if the aggregate value Value of all Inventory returned in any month exceeds $1,500,000; and (v) any payments received by such Borrower in connection with any such return are promptly turned over to the Administrative Agent for application to the Obligations500,000.

Appears in 2 contracts

Samples: Loan and Security Agreement (Dixie Group Inc), Loan and Security Agreement (Dixie Group Inc)

Returns of Inventory. No Borrower shall not return any of its Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless (i) such return is in the Ordinary Course ordinary course of Business business of such Borrower and such Person; (ii) no Default or Event of Default has occurred and is continuing exists or would result therefrom; (iii) the return of such Inventory will not result in an Out-of-Formula Condition; (iv) such Borrower promptly notifies the Collateral Agent thereof if the aggregate value Value of all Inventory returned in any month exceeds $1,500,000250,000 and such Inventory is not replaced within 3 Business Days; and (v) any payments received by such Borrower in connection with any such return are promptly turned over to the Administrative Agent for application to the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Metromedia International Group Inc)

Returns of Inventory. No Borrower shall not return any of its Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless (i) such return is in the Ordinary Course of Business of such Borrower and such Person; (ii) no Default or Event of Default has occurred and is continuing exists or would result therefrom; (iii) the return of such Inventory will not result in an Out-of-Formula Condition; (iv) such Borrower promptly notifies the Collateral Agent thereof if the aggregate value Value of all Inventory returned in any month exceeds $1,500,000500,000; and (v) any payments received by such Borrower in connection with any such return are promptly turned over to the Administrative Agent for application to the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Dixie Group Inc)

Returns of Inventory. No Borrower shall return any of its Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless (i) such return is in the Ordinary Course ordinary course of Business business of such Borrower and such Person; (ii) no Default or Event of Default has occurred and is continuing exists or would result therefrom; (iii) the return of such Inventory will not result in an Out-of-Formula Condition; (iv) such Borrower Borrowers promptly notifies the Collateral Agent thereof if the aggregate value Value of all Inventory returned in any month exceeds $1,500,0001,000,000; and (v) any payments received by such any Borrower in connection with any such return are promptly turned over to the Administrative Agent for application to the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Tropical Sportswear Co Inc)

Returns of Inventory. No Borrower shall return any of -------------------- its Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless (i) such return is in the Ordinary Course ordinary course of Business business of such Borrower and such Person; (ii) no Default or Event of Default has occurred and is continuing exists or would result therefrom; (iii) the return of such Inventory will not result in an Out-of-Formula Condition; (iv) such Borrower Borrowers promptly notifies the Collateral Agent thereof if the aggregate value Value of all Inventory returned in any month exceeds $1,500,000250,000; and (v) any payments received by such any Borrower in connection with any such return are as promptly turned over to the Administrative Agent for application to the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Gulf States Steel Inc /Al/)

Returns of Inventory. No Borrower shall return any of its Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless (i) such return is in the Ordinary Course of Business of such Borrower and such Person; (ii) no Default or Event of Default has occurred and is continuing exists or would result therefrom; (iii) the return of such Inventory will not result in an Out-of-Formula Condition; (iv) such Borrower promptly notifies the Collateral Administrative Agent thereof if the aggregate value Value of all Inventory returned in any month exceeds $1,500,000500,000; and (v) any payments received by such Borrower in connection with any such return are promptly turned over to the Administrative Agent for application to the ObligationsObligations in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (PNA Group Holding CORP)

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Returns of Inventory. No Borrower shall return any of its Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless (i) such return is in the Ordinary Course of Business of such Borrower and such Person; , (ii) no Default or Event of Default has occurred and is continuing exists or would result therefrom; , (iii) the return of such Inventory will not result in an Out-of-Formula Condition; , (iv) such Borrower Borrowers promptly notifies the Collateral Agent thereof notify Lender if the aggregate value Value of all Inventory returned in any month exceeds $1,500,000; 250,000, and (v) any payments payment received by such any Borrower in connection with any such return are is promptly turned over to the Administrative Agent Lender for application to the Obligations, subject to the terms of SECTION 5.3.

Appears in 1 contract

Samples: Loan and Security Agreement (Proxymed Inc /Ft Lauderdale/)

Returns of Inventory. No Borrower shall return any of its Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless (i) such return is in the Ordinary Course of Business of such Borrower and such Person; (ii) no Default or Event of Default has occurred and is continuing exists or would result therefrom; (iii) the return of such Inventory will not result in an Out-of-Formula Condition; (iv) such Borrower promptly notifies the Collateral Agent thereof if the aggregate value Value of all Inventory returned in any month exceeds $1,500,000; and (v) any payments received by such Borrower in connection with any such return are promptly turned over to the Administrative Agent for application to the Obligations2,500,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Alpharma Inc)

Returns of Inventory. No Borrower shall not return any of its -------------------- Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless (i) such return is in the Ordinary Course ordinary course of Business business of such Borrower and such Person; (ii) no Default or Event of Default has occurred and is continuing exists or would result therefrom; (iii) the return of such Inventory will not result in an Out-of-of- Formula Condition; (iv) such Borrower promptly notifies the Collateral Agent thereof if the aggregate value Value of all Inventory returned in any month exceeds $1,500,000250,000; and (v) any payments received by such Borrower in connection with any such return are as promptly turned over to the Administrative Agent for application to the Obligations; and (vi) such return is not made for the purpose of allowing such Person to credit its claim against Borrower arising prior to the Petition Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Gulf States Steel Inc /Al/)

Returns of Inventory. No Borrower shall return any of its Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless (i) such return is in the Ordinary Course of Business of such Borrower and such Person; (ii) no Default or Event of Default has occurred and is continuing exists or would result therefrom; (iii) the return of such Inventory will not result in an Out-of-Formula Condition; (iv) such Borrower promptly notifies the Collateral Administrative Agent thereof if the aggregate value Value of all Inventory returned in any month exceeds $1,500,0001,000,000; and (v) any cash payments received by such Borrower in connection with any such return are promptly turned over to the Administrative Agent for application to the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Superior Essex Inc)

Returns of Inventory. No Borrower shall return any of its Inventory to a supplier or vendor thereof, or any other Person, whether for cash, credit against future purchases or then existing payables, or otherwise, unless unless: (i) such return is in the Ordinary Course of Business of such Borrower and such Person; (ii) no Default or Event of Default has occurred and is continuing exists or would result therefrom; (iii) the return of such Inventory will not result in an Out-of-Formula Condition; (iv) such Borrower Borrowers promptly notifies the Collateral Agent notify Lender thereof if the aggregate value Value of all Inventory returned in any month exceeds $1,500,0001,000,000; and (v) any payments received by such any Borrower in connection with any such return are promptly turned over to the Administrative Agent Lender for application to the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Sed International Holdings Inc)

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