Terms of Sales. All sales of Collateral Loans and other property of the Borrower under the provisions above in this Section 10.01 must be exclusively for Cash.
Terms of Sales. (a) As consideration for such Transfer of Receivable Assets on the date hereof, the Buyer shall pay (or cause to be paid) to the Seller on such date an amount (the “Initial Purchase Price”) agreed upon prior to such date, between the Seller and the Buyer; provided, that the Initial Purchase Price subsequently may be reduced, on a basis to be agreed upon between the Seller and the Buyer, and such reduction reimbursed by the Seller to the Buyer in accordance with Section 2.03(b), for any Receivable which, consistent with the Credit and Collection Policy, is written off the Buyer’s or the Seller’s books as uncollectible following the date of its purchase. The amount of the Initial Purchase Price, taking into account any such reduction mechanism, shall be reasonably equivalent and fair market value for such Receivable Assets as of such date. On the date hereof, the Buyer shall pay to the Seller as part of the total Initial Purchase Price the total amount which the Purchasers shall pay to the Buyer in Capital on such date under the Canadian Receivables Purchase Agreement.
(b) On each Business Day after the date hereof until the Termination Date, the Buyer shall accept from the Seller, and the Seller shall Transfer to the Buyer, all of the Seller’s right, title and interest in, to and under those Receivable Assets that are created on such Business Day. As consideration for such continuing Transfer of Receivable Assets after the date hereof, the Buyer shall pay (or cause to be paid) to the Seller an amount (the “Purchase Price”) agreed upon prior to the date of such Transfer; provided, that the Purchase Price subsequently may be reduced, on a basis to be agreed upon between the Seller and the Buyer, and such reduction reimbursed by the Seller to the Buyer in accordance with Section 2.03(b), for any Receivable which, consistent with the Credit and Collection Policy, is written off the Buyer’s or the Seller’s books as uncollectible following the date of its purchase. The amount of the Purchase Price for each such date, taking into account any such reduction mechanism, shall be reasonably equivalent and fair market value for such Receivable Assets as of such date.
(c) The Purchase Price other than the Initial Purchase Price, and the balance, if any, of the Initial Purchase Price to be so paid by the Buyer on the date hereof, in accordance with the last sentence of subsection (a) of this Section 2.02, shall be paid in cash to the Seller in U.S. Dollars or, with respe...
Terms of Sales. (a) The Distributor shall pay Bollore in French Francs the full invoiced price for purchases of the Product, without any set-offs, withholdings or deductions of any kind (other than amounts payable with respect to a specific invoice, the payment of which the Distributor disputes in good faith because of Defective Products covered by such invoice or an error in such invoice), not later than 45 days after the date of issuance of the xxxx of lading. Such payments shall be made by wire transfer of immediately available funds to Bollore's [**], or such other account as Bollore may designate from time to time. The Distributor shall be responsible for paying [**]. Bollore shall be responsible for [**].
(b) The prices to be charged by Bollore to the Distributor for the Products shall initially be the prices set forth in Schedule A, which shall remain in effect until December 31, 1993. From January 1, 1994 through December 31, 1994, the prices shall increase by [**].
(c) Until December 31, 1998, the following adjustment shall be made to Product prices to account for material currency fluctuations: if the average rate of exchange (averaging the bid and the asked rates), as quoted by the reference banks of Credit Lyonnais (Paris), Chemical Bank (New York City) and Banque Nationale de Paris (Paris) (the "Average Exchange Number") during the calendar month immediately preceding the date of any invoice is less than [**], the price for such Products shall be adjusted to be equal to the current Product price pursuant to this Agreement, multiplied by a fraction, the numerator of which is the Average Exchange Number and the denominator of which is [**].
(d) In order to assure each of the parties commercially reasonable profits in light of inflationary trends and currency translation factors, 120 days prior to December 31, 1998 and each fifth-year anniversary of that date, the parties shall enter into good faith negotiations to agree on an index and a currency adjustment formula to replace those set forth in subparagraphs (b) and (c) above (the "Price Negotiation Period"). If after the Price Negotiation Period the parties, acting in good faith, have been unable to agree, the parties agree to submit the dispute to binding arbitration in accordance with Section 12(d); provided, however, that during such Price Negotiation Period and/or arbitration, the previously established and applicable indices and adjustment formulae shall apply to all transactions and corresponding payment...
Terms of Sales. All sales of Collateral Obligations and other property of the Borrower under the provisions above in this Section 10.01 (excluding any substitution permitted pursuant to clause (vi) thereof) must be exclusively for Cash provided that so long as no Default or Event of Default is continuing or would result upon giving effect thereto and the applications thereof (unless, in the case of a Default, (1) such Default will be cured upon giving effect to such sale and the application of the proceeds thereof, (2) a Responsible Officer of the Borrower or the Collateral Manager certifies to the Facility Agent that it is in the process of curing such Default (unless it is a Default that is an Incurable Default), (3) such sale or substitution is of a Credit Risk Loan, Defaulted Loan or Equity Security or (4) the Facility Agent consents to such sale or substitution) (i) a sale of a Collateral Obligation that is otherwise permitted by the terms above in this Section 10.01 may be effected by the sale by the Borrower of participation interests in such Collateral Obligation, provided that no participations may be sold by the Borrower in any Revolving Collateral Loan or Delayed Drawdown Collateral Loan, and (ii) any sale or substitution of Collateral Obligations or other property of the Borrower to or with the Equity Owner of the Borrower may be made in Cash, as capital contributions or as substitution of assets, and in accordance with the applicable provisions of the Facility Documents.
Terms of Sales. All sales of Collateral Obligations and other property of the Borrower under the provisions above in this Section 10.01 must be exclusively for Cash. So long as no Default or Event of Default is continuing or would result upon giving effect thereto and the application of the proceeds thereof, a sale of a Collateral Obligation that is otherwise permitted by the terms above in this Section 10.01 may be effected by the sale by the Borrower of participation interests in such Collateral Obligation, provided that no participations may be sold by the Borrower in any Revolving Collateral Loan or Delayed Drawdown Collateral Loan.
Terms of Sales. Terms will be irrevocable letter of credit to be drawn only to GolfGear International, Inc. as per Pro-forma invoices. F.O.B. Huntington Beach, California, U.S.A.
Terms of Sales. 5.1 COBE shall pay the prices determined as specified in Exhibit 1 for the Products. The prices set forth in Exhibit 1 will remain in effect until December 31, 1999. Thereafter, HemaSure and COBE shall negotiate annually in good faith to establish annual price changes to remain in effect for each annual period following 1999. Unless otherwise agreed, prices for each Product shall increase or decrease each year by a percentage equal to any 778877.1 percentage increase or decrease in the standard manufacturing cost for the Product (as determined by HemaSure in accordance with generally accepted accounting principles and HemaSure's historical accounting practices) during HemaSure's preceding fiscal year, as more fully set forth in Exhibit 1, provided that in no event shall such percentage change exceed the percentage change in COBE's average selling price for the Product during the preceding fiscal year.
5.2 Unless otherwise agreed in writing, all prices for the Products shall be F.O.B. HemaSure's factory, freight collect, and shall be inclusive of all taxes, duties and other governmental charges assessed or assessable prior to passage of title to COBE. Title to the Products and risk of loss shall pass to COBE on delivery of the Products to the destination specified by COBE in its purchase orders. Products shall be shipped against COBE purchase orders specifying shipment dates, transportation requirements and quantities of Products.
5.3 Unless otherwise agreed in writing, all payments for the Products shall be made in U.S. dollars, payable within 30 days after delivery, by check drawn on a U.S. bank.
5.4 The Products will be packaged for shipping in packaging labeled as provided in paragraph 3.2, substantially comparable in all other respects to HemaSure's standard packaging, which shall be appropriate for shipment by the means/carrier specified by COBE in its purchase orders.
5.5 Other terms of sale shall be as agreed to by the parties.
Terms of Sales. Terms will be irrevocable letter of credit to be drawn only to GolfGear International as per Pro-forma invoices.
Terms of Sales. The "Lessee" must complete a certificate stating these possible allergies and certifying that they have no medical contraindications to the practice of physical and sporting activities and, if this proves to be inaccurate, releases the "Lessor" from any liability for the medical incidents occurring during the service. Upon signing the Rental Agreement, the "Lessee" is requested to inform the "Rental Owner" of any medical problem that may affect the smooth running of the rental. In the event that the “Lessee” feels ill during the rental, or cannot continue the trip for medical reasons, the “Lessor” will then take the necessary steps to carry out a medical consultation or, if necessary, consider repatriation.
Terms of Sales. 3 3.3 Payments.................................................................................... 4 3.4 Orders...................................................................................... 4 3.5
