Xxxx and Hold. Accounts that arise with respect to goods that are delivered on a xxxx-and-hold basis;
Xxxx and Hold. An Account generated by the sale of goods for which an invoice has been issued to the buyer, but the goods represented by such Account remain undelivered to the buyer and/or under the control of Borrower or Borrower’s representative.
Xxxx and Hold. Accounts that arise with respect to goods that are delivered on a xxxx-and-hold basis unless the Administrative Agent shall have received an agreement in writing from the Account Debtor, in form and substance satisfactory to the Administrative Agent, confirming the unconditional obligation of the Account Debtor to take the goods related thereto and pay such invoice;
Xxxx and Hold it does not arise under a Contract in respect of which an invoice has been generated but the goods have not been delivered or the services have not been performed; and
Xxxx and Hold. If Purchaser fails to take delivery on any scheduled Delivery Date, Purchaser shall be invoiced on the first day of each month for reasonable administration and storage costs. For each such lot of undelivered Product, Purchaser agrees that: (i) Purchaser has made a fixed commitment to purchase such Product, (ii) risk of ownership for such Product passes to Purchaser, (iii) such Product shall be on a xxxx and hold basis for legitimate business purposes, (iv) if no delivery date is determined at the time of billing, Cardinal Health shall have the right to ship the Product to Purchaser within four months after billing, and (v) Purchaser will be responsible for any decrease in market value of such Product that relates to factors and circumstances outside of Cardinal Health’s control. Within *** following a written request from Cardinal Health, Purchaser shall provide Cardinal Health with a letter confirming items (i) through (v) of this Section for each batch of undelivered Product.
Xxxx and Hold. From time to time, at Palatin’s request, the agreed delivery date of the Purchase Order may be extended under a xxxx and hold arrangement as more fully set forth below. For each such Batch of stored Product, Palatin agrees that: (A) Palatin has made a fixed commitment to purchase the Product, (B) risk of loss for such Product passes to Palatin upon placement into storage, (C) such Product shall be on a xxxx and hold basis for legitimate business purposes, (D) Palatin shall identify a fixed delivery date for the Product and (E) Palatin shall agree to be invoiced and to pay such invoice in accordance with the payment terms set forth in Clause 7.3 of this Agreement. Upon making a request for a xxxx and hold arrangement, Palatin shall provide Catalent with a letter confirming items (A) through (E) of this Clause 6.3 for each Batch of stored Product.
Xxxx and Hold. At Customer’s request; i) Customer’s selection of LightRiver’s ‘Factory-Build’ services pursuant to Exhibit A, §5; or ii) due to Customer’s delay in delivery dates (for example, if Customer’s facility is not ready for the equipment on the scheduled date), LightRiver will hold equipment that is ready to be shipped in LightRiver’s warehouse until Customer’s scheduled or revised delivery date(s). LightRiver will invoice Customer for the equipment at the time the equipment, or any portion of it is received at the LightRiver warehouse and payment shall be due, and customer agrees to pay for invoice, in full according to the payment terms referenced in section 1(h) above. Title and risk of loss of the equipment shall pass, and Customer accepts such title and risk of loss, at the time of invoicing. Additionally, the manufacturer’s warranties and if applicable any extended support contracts will start when equipment is received in and in place at LightRiver’s warehouse. Finally, Customer is advised to insure the equipment upon invoicing, and agrees to add LightRiver’s warehouse location to their property insurance and provide LightRiver with a certificate of insurance for the equipment. This xxxx and hold service shall not create any rights or interest by Customer to LightRiver’s warehouse or facilities. Customer and LightRiver agree and acknowledge that LightRiver’s standard of care in holding the equipment is to refrain from grossly negligent, reckless or willful conduct.
Xxxx and Hold. If Purchaser requests to be billed prior to Delivery, in its sole determination, notwithstanding any provisions to the contrary herein, Purchaser assumes all risk of ownership and liability for Products as of the date of the invoice, including insuring Products in accordance with Section 8. Purchaser shall indemnify, hold harmless, and defend Seller and its parent, officers, directors, partners, members, shareholders, employees, agents, affiliates, successors, and permitted assigns against any loss or damage to Products between the invoice date and the date and time of Delivery. Purchaser acknowledges, other than Delivery, the transaction with respect to Products is complete, and there are no outstanding obligations preventing Delivery.
Xxxx and Hold. Accounts that arise with respect to goods that are sold on a xxxx-and-hold basis (unless Agent has received an acknowledgement with respect to such xxxx-and-hold in form and substance reasonably satisfactory to Agent);
Xxxx and Hold. From time to time, at FibroGen's request the agreed Delivery Date of the Purchase Order may be extended under a xxxx and hold arrangement as more fully set forth below. For each such Batch of stored Product, FibroGen agrees that: [ ].
