Eligible Purchase Orders are binding, non-contingent and non-cancelable purchase orders issued within the previous ninety (90) days, for the delivery of goods by Borrower or the provision of services by Borrower, and which, but for the fact that an invoice has not been sent, are otherwise “Eligible Accounts.” Upon the issuance of an invoice in respect of such a purchase order, such applicable purchase order shall not be deemed to be an “Eligible Purchase Order”.
Eligible Purchase Orders are Purchase Orders received in the ordinary course of Borrower’s business that meet all Borrower’s representations and warranties in Section 5.3, have been, at the option of Bank, confirmed in accordance with Section 2.1.1(g), and will result in the creation of an Account due and owing from Account Debtors deemed creditworthy by Bank in its sole discretion. Without limiting the fact that the determination of which Purchase Orders are eligible hereunder is a matter of Bank discretion in each instance, Eligible Purchase Order shall not include the following Purchase Order (which listing may be amended or changed in Bank’s discretion with notice to Borrower):
Eligible Purchase Orders means purchase orders received by each Borrower for the purchase of Finished Goods from customers (i) credit approved by Montcap, (ii) for which the mix of customers and products is acceptable to Montcap and (iii) for which Montcap is satisfied that the Borrower will be able to respect the delivery date stipulated in the purchase orders by shipping all the products referred to in the purchase orders;
Examples of Eligible Purchase Orders in a sentence
Charming Charlie defaulted in its obligations due and owing to Tanya for Eligible Purchase Orders.
The Lender-Owners have failed and refused to honor their obligations under the Vendor Financing Agreement and the Master Supplier Agreement by failing to pay Tanya for the Eligible Purchase Orders following Charming Charlie’s default, despite due demand.
Borrower will deliver an Invoice Transmittal for each Eligible Account it offers, and, if at such time Borrower is Borrowing Base Eligible, Borrower shall also deliver a Borrowing Base Certificate for Eligible Accounts, Eligible Inventory, and Eligible Purchase Orders it offers.
The Lender-Owners, as parties to the Vendor Finance Agreement, intended that Tanya obtain the benefit of the loans being provided by them to support the payment of Eligible Purchase Orders.
The Lender-Owners made a clear and unambiguous promise in the Vendor Financing Agreement and Master Supplier Agreement, taken together, guaranteeing payment of Eligible Purchase Orders supplied by Eligible Vendors, such as Tanya.
More Definitions of Eligible Purchase Orders
Eligible Purchase Orders are Purchase Orders made by Borrower in the ordinary course of Borrower’s business that meet all Borrower’s representations and warranties, and are otherwise acceptable to Bank in all respects. The determination of which Purchase Orders are eligible hereunder is a matter of Bank’s discretion in each instance.
Eligible Purchase Orders are signed and accepted Purchase Orders received in the ordinary course of Borrower’s business that meet all Borrower’s representations and warranties in Section 5.3, and will result in the creation of an Eligible Account due and owing from Account Debtors deemed creditworthy by Bank in its good faith business judgment. Without limiting the fact that the determination of which Purchase Orders are eligible hereunder is a matter of good faith business judgment of the Bank in each instance, Eligible Purchase Order shall not include the following Purchase Orders (which listing may be amended or changed in Bank’s good faith business judgment):
Eligible Purchase Orders means any purchase order (i) issued in favor of Debtor, (ii) that has not expired or been cancelled, (iii) covering the purchase of goods from Debtor, and (iv) issued by a Buyer.
Eligible Purchase Orders. “Financed Purchase Order Balance”; “Letter of Credit Application”; “Letter of Credit Reserve”; “Net Cash” and “Purchase Orders”.
Eligible Purchase Orders are Purchase Orders for the sale of Borrower’s non-TEMBEXA goods, in form and substance acceptable to Bank in its reasonable business discretion, (i) that are executed by a customer of Borrower having its principal place of business located in the United States which is not a United States government entity or any department, agency, or instrumentality thereof, and (ii) for which the shipping date is not more than ninety (90) days after the invoice date associated with such purchase order and specifically excludes ABPOs.
Eligible Purchase Orders means purchase orders for Borrower Products substantially in form and substance as provided in Exhibit J or otherwise acceptable to Agent, arising in the ordinary course of Borrower’s business, that have been submitted to Agent. Agent reserves the right at any time following the completion of an audit or field examination of Borrower’s purchase orders for Borrower Products the results of which reflect a material change to the make-up of Borrower’s purchase orders for Borrower Products from the make-up of Borrower’s purchase orders for Borrower Products on or prior to the Closing Date of most recent audit or field examination, to adjust any of the criteria set forth below and to establish new criteria in its good faith credit judgment upon providing Borrower five (5) days’ prior written notice of such new criteria. Should qualifying purchase orders be canceled, they shall no longer be considered Eligible Purchase Orders or be considered eligible for inclusion in the Borrowing Base. Unless otherwise agreed by Agent, Eligible Purchase Orders shall not include the following:
Eligible Purchase Orders means and includes each Purchase Order which conforms to the following criteria: (a) the purchase orders related to the Company’s Strip product family, excluding the Inventory related to the Polaris product family, and (b) is otherwise satisfactory to Laurus as determined by Laurus in the exercise of its sole discretion. In the event Company requests that Laurus include within Eligible Purchase Orders certain Purchase Orders of one or more of Company’s acquisition targets, Laurus shall at the time of such request consider such inclusion, but any such inclusion shall be at the sole option of Laurus and shall at all times be subject to the execution and delivery to Laurus of all such documentation (including, without limitation, guaranty and security documentation) as Laurus may require in its sole discretion.