Expired Inventory definition
Examples of Expired Inventory in a sentence
For the avoidance of doubt, Expired Inventory shall not be included as Unsold Actual Closing Inventory and Purchaser shall have no Liabilities or obligation to pay any amounts in connection with the Expired Inventory.
Promptly upon determination of the Actual Closing Inventory pursuant to Section 3.4 hereof, Seller shall pay to Buyer promptly (but in any event no later than five days after final determination), in immediately available funds, an amount equal to (i) the number of units of Inventory having a shelf life of less than nine (9) months as of Closing (the “Expired Inventory”), multiplied by (ii) Seller’s cost of goods sold with respect to such Expired Inventory.
Inventory" shall mean, as of any particular date (actual or future), the inventory of NitroMed and its Subsidiaries, on a consolidated basis, as of such date, excluding Expired Inventory, valued at the lower of cost or net realizable value on a first-in, first-out basis and otherwise determined in a manner substantially consistent with the manner in which such items were determined for NitroMed's Most Recent SEC Balance Sheet.