EXCESS AND/OR OBSOLETE MATERIAL Clause Samples

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EXCESS AND/OR OBSOLETE MATERIAL. 16.1 If at the end of any month during the Term the aggregate quantity of any item of Material that Celestica and its Affiliates have on hand or on order (which order has been paid for) and which has been ordered, manufactured or acquired by Celestica and/or its Affiliates in accordance with Article 4, exceeds the quantity of such Material required by Celestica and its Affiliates to manufacture Products in the (**) (**) days following such time (based on the then current Forecast), such excess quantity of Material shall constitute "Excess Material". 16.2 On or about the fifteenth (15th) day of each month, subject to Section 16.6, Celestica shall provide to Customer a notice, setting out the amount and value of any Excess Material on hand at the end of the previous month. Within thirty (30) days of the date on which Celestica delivers such notice to Customer, Celestica will issue to Customer an invoice for such Excess Material (the "Excess Material Invoice"). Within seven (7) days of receipt by Customer of an Excess Material Invoice, Customer may request that Celestica provide supporting documentation which evidences that such Excess Material was procured in accordance with Article 4. Provided that Celestica produces such documentation, Customer shall pay Celestica a daily inventory carrying charge in an amount equal to (**) of the aggregate value of such Excess Material per day from the date that such Material becomes Excess Material until Customer elects to purchase such Excess Material from Celestica pursuant to Section 16.2, or is required to purchase such Excess Material from Celestica pursuant to Section 16.5. 16.3 If Customer elects to purchase Excess Material from Celestica, it shall purchase such Excess Material at an amount equal to the sum of the following amounts: (i) the price for the Excess Material to which such invoice relates, as reflected in the applicable Bill of Materials at the time such Material was procur▇▇ ▇y Celestica, and as set out in the Excess Material Invoice; (ii) an administrative charge equal to (**) of the amount in (i) above; (iii) an amount equal to the reasonable costs and expenses of mitigation incurred by Celestica pursuant to Section 16.6, including under-recoveries resulting from the sale of Material at prices less than the price for such Material reflected in the applicable Bill of Materials, as well as all costs relating to vendor re-stocking or return charges, all as specified by Celestica in the notice delivered ...
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EXCESS AND/OR OBSOLETE MATERIAL. 12.1. Inventory held by or placed on order with suppliers by FITI on behalf of NANOX to meet the Product demand contained in Purchase Orders that are defined as NANOX specific materials or Non-Cancelable, Non-Returnable Materials and are subject to Minimum Purchase quantities or Economic Order Quantity requirements, will be NANOX’s responsibility in the event of cancellation of Purchase Orders; any new released Purchase Order; any changes in Purchase Orders; demand delays or reschedules; any Engineering Change Orders; introduction of new designs; obsolescence of prior designs; changes in the ▇▇▇▇ of Materials; end of life of a Product variation; long been stored without using in any circumstance, and / or termination of this Agreement, which results in inventory becoming Excess Materials and/or Obsolete Materials Such inventory will be dispositioned in accordance with Sections 13 and 14.
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EXCESS AND/OR OBSOLETE MATERIAL. 16.1 E&O Inventory Report. Celestica shall provide Customer with a monthly E&O Inventory report setting out the value and amount of any E&O Inventory at the end of the previous month. From time to time, Celestica may also provide Customer with a specific Obsolete Inventory report (individually or collectively referred to as the “E&O Inventory Report”).
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Related to EXCESS AND/OR OBSOLETE MATERIAL

  • SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS The Company has delivered to TCI an accurate list (which is set forth on Schedule 5.15) of all customers (persons or entities) representing 1% or more of the Company's annual revenues for the year ended December 31, 1997; provided, however, that Schedule 5.15 need not set forth more than the Company's 20 largest customers during such period. Except to the extent set forth on Schedule 5.15, none of such customers have canceled or substantially reduced or, to the knowledge of the Stockholders, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company. The Company has listed on Schedule 5.15 all Material Contracts (as defined below) to which the Company is a party or by which it or any of its properties are bound, other than agreements listed on Schedules 5.10, 5.14 or 5.16, (a) in existence as of the Balance Sheet Date and (b) entered into since the Balance Sheet Date, and in each case has delivered true, complete and correct copies of such agreements to TCI. For purposes of this Agreement, the term "Material Contracts" includes contracts between the Company and significant customers (as described above), joint venture or partnership agreements, contracts with any labor organization, strategic alliances, options to purchase land and other contracts which are not terminable on sixty days or less notice and involve payments by the Company in any twelve-month period in excess of $25,000. The Company has also indicated on Schedule 5.15 a summary description of all plans or projects involving the opening of new operations, expansion of existing operations, the acquisition of any personal property, business or assets requiring, in any event, the payment of more than $25,000 by the Company during any 12- month period. To the knowledge of the Stockholders, all of the Material Contracts are in full force and effect and constitute valid and binding agreements of the parties (and their successors) thereto in accordance with their respective terms except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to the enforcement of creditors' rights generally and by general principles of equity.

  • Significant Customers and Suppliers No customer or supplier which was significant to the Company during the period covered by the Financial Statements or which has been significant to the Company thereafter, has terminated or breached, materially reduced or threatened to terminate, breach or materially reduce its purchases from or provision of products or services to the Company, as the case may be.

  • Material Customers and Suppliers Schedule 4.20 sets forth a list of the names of (a) (i) the ten (10) largest customers of each of the STD Business and MED Business (taken as whole, and as measured by revenue) and (ii) the ten (10) largest suppliers, vendors, and service providers by dollar volume of each of the STD Business and MED Business (taken as whole and as measured by revenue), for the twelve (12) month period ended December 31, 2013 and (b) (i) the ten (10) largest customers of each of the STD Business and the MED Business (taken as whole, and as measured by revenue) for the eleven (11) month period ended November 30, 2014 and (ii) the ten (10) largest suppliers, vendors, and service providers by dollar volume of each of the STD Business and MED Business (taken as whole and as measured by revenue), for the ten (10) month period ended October 31, 2014 (each such customer required to be listed on Schedule 4.20, a "Material Customer," and each such supplier, vendor or service provider required to be listed on Schedule 4.20, a "Material Supplier"). During the twelve (12) months prior to the date of this Agreement (A) no Material Customer or Material Supplier has terminated or Threatened to terminate its relationship with the Company, Newco or a Sold Subsidiary, as applicable, (B) no Material Customer or Material Supplier has materially decreased or limited, or, to the Company's Knowledge, Threatened to materially decrease or limit, the services (including lead times), supplies or materials supplied to or purchased from the Company, Newco or a Sold Subsidiary, as applicable, (C) no Material Customer or Material Supplier has materially changed or Threatened to materially change, its business relationship, pricing or terms and conditions of purchase or sale, as the case may be, with the Company, Newco or any Sold Subsidiary, (D) no Material Customer has materially accelerated its purchasing or otherwise made any purchases materially outside of the ordinary course, due to a discontinuation of any product line of the Company, Newco or any of the Sold Subsidiaries, any announced, communicated or anticipated change in pricing or other material terms, and (E) no Material Customer has notified the Company, Newco or any Sold Subsidiary in writing that the Company, Newco or any Sold Subsidiary is required to re-qualify under any customer program of any Material Customer. To the Company's Knowledge, there is not, and, since January 1, 2012, there has not been, any material dispute by and between the Company, Newco or any Sold Subsidiary, on the one hand, and any Material Customer or Material Supplier, on the other hand.

  • No Undisclosed Material Liabilities There are no liabilities or obligations of the Company or any of its Subsidiaries of any kind whatsoever, whether accrued, contingent, absolute, determined, determinable or otherwise, other than: (i) liabilities or obligations disclosed and provided for in the Company Balance Sheet or in the notes thereto; (ii) ordinary course liabilities or obligations incurred in the ordinary course of business consistent with past practices since the Company Balance Sheet Date; and (iii) liabilities or obligations that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect on the Company.

  • Change in Business or Credit and Collection Policy The Seller shall not make (or permit any Originator to make) any change in the character of its business or in any Credit and Collection Policy, or any change in any Credit and Collection Policy that would have a Material Adverse Effect with respect to the Receivables. The Seller shall not make (or permit any Originator to make) any other change in any Credit and Collection Policy without giving prior written notice thereof to the Administrator and each Purchaser Agent.