Additional Merchandise Clause Samples

Additional Merchandise. (a) Agent shall be entitled to include in the Sale at the Stores (i) additional merchandise procured by Agent that is of like kind and quality to the Merchandise located in the Stores and (ii) additional merchandise procured by Agent on consignment ((i) and (ii) being collectively defined as “Additional Agent Merchandise”); provided that, the actual documented cost paid by Agent (which shall not include any “lift”) for, and the actual documented freight, handling and insurance expenses and/or any other documented actual costs relating to, the Additional Agent Merchandise shall be Expenses hereunder payable out of Proceeds (to the extent sufficient). The Agent agrees and covenants that the Additional Agent Merchandise shall be purchased or otherwise obtained on an arm’s length basis from unaffiliated third parties and for the exclusive purpose of the Sale hereunder, and that it will not include merchandise from Agent’s or Agent’s affiliates own inventory or other current or prior sales conducted by Agent; provided that, Agent may include Agent merchandise on consignment at the Current Stores as Additional Agent Merchandise hereunder; provided however, to the extent that any of the expenses associated with such goods were reimbursed to Agent under the Existing Agreements, such Expenses shall not be included as an Expense hereunder Agent shall ship Additional Agent Merchandise directly to and from the Stores and not through Merchant’s Distribution Centers. (b) At all times and for all purposes, the Additional Agent Merchandise shall be the exclusive property of Agent. The transactions relating to the Additional Agent Merchandise are, and shall be construed as, a true consignment from Agent to Merchant. The Additional Agent Merchandise shall be at all times subject to the control of Agent. If requested by Agent, Merchant shall, at Agent’s expense as an Expense hereunder, insure the Additional Agent Merchandise and, if required, promptly file any proofs of loss with regard to same with Merchant’s insurers. (c) In order to distinguish the Additional Agent Merchandise from the Merchandise located in the Stores, Agent shall affix distinctive tags and/or other identifying markings on all items of Additional Agent Merchandise, which shall enable Merchant and Agent, and a reasonable consumer, to distinguish the sales of the Additional Agent Merchandise from the sale of the Merchandise presently included in the Sale at the Stores. Additionally, Agent shall provide sig...
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Additional Merchandise. (a) Agent shall be entitled, at its expense, to include in the Sale at the Stores additional non-book merchandise procured by Agent which is of like kind, and no lesser quality to the Merchandise located in the Stores (“Additional Agent Merchandise”). (b) At all times and for all purposes, the Additional Agent Merchandise and its proceeds shall be the exclusive property of Agent. The transactions relating to the Additional Agent Merchandise are, and shall be construed as, a true consignment from Agent to Merchant. The Additional Agent Merchandise shall be at all times subject to the control of Agent. (c) In order to distinguish the Additional Agent Merchandise from the Merchandise located in the Stores, Agent shall ▇▇▇▇ the Additional Agent Merchandise using either a “dummy” SKU or department number or in such other manner so as to distinguish the sale of Additional Agent Merchandise from the sale of Merchandise.
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Additional Merchandise. 7 4.5 Adjustments to Guaranteed Amount.......................7
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Additional Merchandise. Consultant shall have the right, at Consultant’s sole cost and expense, to supplement the Merchandise in the Sale with additional goods procured by Consultant which are of like kind, and no lesser quality, to the Merchandise in the Sale (“Additional Merchandise”). The amount of the Additional Merchandise to be brought in by Consultant shall be up to $20,000,000 at cost. Consultant shall consult with Merchant with respect to the Additional Merchandise to ensure that the Additional Merchandise is of like kind, and no lesser quality, to the Merchandise in the Sale and is in categories designed to enhance the Sale. The Additional Merchandise shall be purchased by Consultant as part of the Sale, and delivered to the Stores at Consultant’s sole expense (including as to labor, freight and insurance relative to shipping such Additional Merchandise to the Stores). Sale of Additional Merchandise shall be run through Merchant’s cash register systems; provided that Consultant shall ▇▇▇▇ the Additional Merchandise using either a “dummy” SKU or department number, or in such other manner so as to distinguish the sale of Additional Merchandise from the sale of Merchandise. Consultant shall provide, at Consultant’s sole cost and expense, signage in the Stores notifying customers that the Additional Merchandise have been included in the Sale. Consultant shall pay to Merchant an amount equal to the greater of (i) five percent (5.00%) of the Gross Proceeds from the sale of the Additional Merchandise, or (ii) twenty-five percent (25%) of the net profits from the sale of Additional Merchandise (the “Additional Merchandise Fee”). Consultant shall retain all remaining amounts from the sale of the Additional Merchandise. Consultant shall pay Merchant its Additional Merchandise Fee in connection with each weekly sale reconciliation with respect to sales of Additional Merchandise sold by Consultant during each then prior week (or at such other mutually agreed upon time). Consultant and Merchant and intend that the transactions relating to the Additional Merchandise are, and shall be construed as, a true consignment from Consultant to Merchant in all respects and not a consignment for security purposes. Subject solely to Consultant's obligations to pay to Merchant the Additional Merchandise Fee and the security interest of any lender under Merchant’s existing credit facilities, including, without limitation, (i) the asset based loans with ▇▇▇▇▇ Fargo Bank, N.A. (“WF”), as agent for l...
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Additional Merchandise. Agent shall be permitted to supplement the Store Closing Sale with additional inventory from parties other than the Debtor so long as such additional inventory consists solely of items that are of a type and nature consistent or reasonably compatible with the inventory of the Debtor ("Additional Merchandise"), provided that such Additional Merchandise does not include alcohol or liquor products, cigarettes or pharmaceutical drugs. Any proceeds of the sale of Additional Merchandise shall be treated as Sales Proceeds. Likewise, any expenses associated with the acquisition (including the cost of any Additional Merchandise) or sale of Additional Merchandise shall be treated as Expenses hereunder. Nothing contained herein shall prohibit Merchant, at the direction of Agent, from replenishing inventory at the Stores.
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Additional Merchandise. Notwithstanding the foregoing, "Merchandise" shall not include: (1) goods in Merchant's leased fragrance department; (2) goods which belong to sublesees, licensees or concessionaires of Merchant; (3) goods held by Merchant on memo, on consignment, or as bailee; (4) defective goods for which Merchant and Agent cannot agree upon a Retail Price; and (5) furnishings, trade fixtures and improvements to real property which are located in the Stores (collectively, "FF&E");
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Additional Merchandise. Agent shall be permitted to supplement the Store Closing Sales at Stores (hereinafter defined) at Stores other than TWEC Stores with additional inventory from parties other than Merchant (“Additional Merchandise”). Any proceeds of the sale of Additional Merchandise shall be treated as Sales Proceeds, provided, however, that Merchant shall receive (i) two percent (2%) of any Proceeds of Additional Merchandise comprised of catalogue goods or new releases and (ii) five percent (5%) of any Proceeds of all other Additional Merchandise (for the avoidance of doubt, these amounts are above and separate from the Guaranteed Amount. Any expenses associated with the purchase or sale of Additional Merchandise shall be treated as Expenses paid by Agent hereunder. At the request of Merchant, Agent shall provide to Merchant and permit Merchant’s independent accountants to review and verify, an accounting of all purchases and dispositions of Additional Merchandise.
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Related to Additional Merchandise

  • Merchandise Programs, T-shirts, souvenirs, posters, novelty items, clothing apparel, and recorded media will be sold in the Centre only by BCEC Management or representatives nominated by it, unless BCEC Management agrees in writing to waive this condition. BCEC Management will retain 18% (including GST) of gross merchandise sales. All revenue derived from the sale of motion pictures, still photography, television or radio recordings, or other similar rights, is to be subject to a seperate agreement between Hirer and BCEC Management. In addition to its responsibilities under clause 7.1, ▇▇▇▇▇ must: (a) ensure that all performances include an interval of not less than 20 minutes; (b) ensure that all advertising, promotion and publicity for the Event or performances in the Event includes the following details: (i) ticket prices, advertised as "$ (basic ticket price) plus normal fees"; (ii) the time of each performance in the Event; (iii) details of any supporting acts for the main performance in the Event; and (iv) ticket booking details including the name of any ticketing agent of BCEC Management and the box office telephone number of BCEC Management or its ticketing agent; and (c) ensure that any tickets are sold only by outlets nominated by BCEC Management at the agreed ticket prices.

  • Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.

  • Additional Equipment Additional Equipment may from time to time be added as the subject matter of this Agreement as agreed on by the parties. Any additional property will be added in an amendment describing the property, the monthly rental, security deposit, and stipulated loss value of the additional Equipment. All amendments must be in writing and signed by both parties. Other than by this amendment procedure, this Agreement may not be amended, modified, or altered in any manner except in writing signed by both parties.

  • Accessories The following described related accessories, if any: window air conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, door keys, mailbox keys, above ground pool, swimming pool equipment and maintenance accessories, artificial fireplace logs, and controls for: (i) garage doors, (ii) entry gates, and (iii) other improvements and accessories.

  • Additional Property The Trustee is specifically authorized to receive additional property from any source and to hold and administer this property as part of the Trust Estate.