Inventory Price definition

Inventory Price means the aggregate cost to Seller of the Inventory as of the Option Closing Date, calculated on the basis of (a) the highest acquisition cost paid by Seller for such Inventory during the twelve (12) month period prior to the Option Closing Date for any product that have been transacted in any quantity in that twelve (12) month period (excluding any pricing resulting from invoice errors or exceptional circumstances, as reasonably agreed between Seller and Buyer), or last price paid for any product that have not been transacted in any quantity in the last twelve (12) months prior to the Option Closing Date, (b) the freight costs associated with Seller’s initial purchase of such Inventory from the Partnership, and (c) packaging cost and cost of Kitting, if any. Any purchase by Buyer of the Inventory will be FOB Seller’s facility in Florence, Kentucky.

Inventory Price means the lesser of Seller's direct cost --------------- of the Inventory as of the Closing Date, or the direct replacement cost thereof as of the Closing Date, as reasonably determined by Purchaser's accountants in accordance with generally accepted accounting principles consistently applied.

Inventory Price shall have the meaning set forth in Section 2.1.

Examples of Inventory Price in a sentence

• No party can recover under paragraphs 12.1 or 12.2 an amount in excess of the principal amount of the cash (excluding accrued interest, the Merchandise Inventory Price and the Receivables Price) paid by the Buyer to the Seller pursuant to this Agreement and other documents executed in connection (the “Indemnification Cap”).

• If, within ten (10) days after Purchaser's receipt of such notice of objection from Seller, such dispute shall not have been resolved, the matter shall be submitted to Xxxxxxxx & Xxxx & Co., PA, independent accountants, for a final and binding determination of the Inventory Price.

• For purposes of determining the "Inventory Price," all good and usable Raw Materials and Packaging Materials will be valued at the lower of cost or current market value as of the Closing Date; the salable Finished Goods will be valued at Seller's manufacturing division wholesale prices, as listed on Schedule 2.3, less 25%.

• The Additional Inventory Price shall be payable by OpCo on October 1, 2012.

• If OpCo fails to pay all or any portion of the Additional Inventory Price on or before October 1, 2012, interest shall accrue on such unpaid Additional Inventory Price at a rate of LIBOR (as defined in the Line Fill Promissory Note) plus 4.50% per annum (computed on the basis of a year of 360 days, and in each case shall be payable for the actual number of days elapsed from the date following October 1, 2012, until the date of repayment (including the first day but excluding the last day)).

More Definitions of Inventory Price

Inventory Price shall have the meaning set forth in Section 1.6.

Inventory Price has the meaning set forth in Subsection 6.3.

Inventory Price means Seller's book value, of all food or foodstuffs (collectively, the "Inventory") conveyed to Purchaser pursuant to this Agreement. "Third-Party Huntcliff Unit Prices" means, with respect to all Third-Party Huntcliff Units acquired by Huntcliff Seller under the terms of this Agreement

Inventory Price has the meaning set forth in Section 4.01(a).

Inventory Price means, with respect to each unit of Inventory to be purchased by Buyer in accordance with Section 3.1(g), an amount equal to [***].

Inventory Price means for each Month, (i) in the event that the Inventory Volume Variance is positive for that Month, the ENPP for the first day of the following Month or (ii) in the event that the Inventory Volume Variance is negative for that Month, the NPP for that Month minus the Inventory Carrying Cost Per Gallon.

Inventory Price has the meaning set forth in Section 3.2;