Return of Inventory Sample Clauses

Return of Inventory. Enter into, or permit any of its Subsidiaries to enter into, any agreement to return any of its Inventory to any of its creditors for application against any Prepetition Debt, Prepetition trade payables or other Prepetition claims under Section 546(h) of the Bankruptcy Code.

Return of Inventory. In the event of termination or expiration of this Agreement, Distributor shall within ninety (90) days make Distributor’s entire inventory of the Products in saleable condition available to the Company, and Company shall have the right but not the obligation to repurchase the inventory for the same price as Distributor paid to Company. If Company does not exercise its right to repurchase within fifteen (15) days after the date on which Distributor makes its inventory available to the Company, Distributor shall be permitted a selloff period of one hundred twenty (120) days to sell off any inventory in its possession. Distributor shall immediately cease all sales, marketing and distribution of the Product at the end of such selloff period and Distributor shall immediately destroy any inventory then-remaining under its control, at its expense, and shall either (a) allow a Company representative to be present during such destruction or (b) provide a certificate of such destruction.

Return of Inventory. In the event of an early termination of this Agreement by FREEPOINT due to a default under Section 9.1.1, 9.1.2, or 9.1.3 by ENERPULSE, ENERPULSE shall, at FREEPOINT's option, and in addition to any other remedies FREEPOINT may have under this Agreement or applicable law, repurchase any remaining Products in FREEPOINT's inventory at the Freepoint Sale Price.

Return of Inventory. In the event of the Supplier terminating this contact without cause, Supplier will repurchase from Distributor any or all unsold products, that were shipped within the last 180 days, designated by Distributor from its inventory at the price paid therefor by Distributor, less any prior credits taken by Distributor on such products. If Distributor terminates this Agreement without cause, or Supplier terminates it with cause, the price will be reduced by a five percent handling charge and Distributor will pay all freight and shipping charges (which otherwise will be paid by Supplier). In the event of any termination, Supplier will, at Distributor’s request, honor any Distributor purchase order then outstanding. In the even of inventory return, Supplier will be required to accept only those products which are in their original unopened packaging or are undamaged and in merchantable condition. No termination of this Agreement will affect any obligation of either party to pay amounts due to the other hereunder.

Return of Inventory. If at any time prior to our Default under the Agreement or this Rider, any account debtor returns any Inventory to us in the ordinary course of our business, we shall promptly determine the reason for such return and issue a credit memorandum to the account debtor in the appropriate amount. We agree to give you prompt notice of the return of such Inventory. In the event any attempted return occurs after our Default hereunder, we shall (i) hold the returned Inventory in trust for you, (ii) segregate all returned Inventory from all of our other property and (iii) conspicuously label the returned Inventory as your property.

Return of Inventory. In the event of any termination, Hospira shall return any remaining inventory of API and Product to Hologic at Hologic’s expense, unless such termination shall have been as a result of a breach of this Agreement by Hospira, in which case such inventory shall be returned at Hospira’s expense.

Return of Inventory. The Parties agree that at any time after ------------------- December 31, 1996, the Buyer shall have the right to return any item of Inventory that the Buyer has not sold within ninety (90) days of the Closing Date, to the Sellers for a full refund of the price paid for such item of Inventory. The Buyer shall use its Best Efforts to sell the Inventory and shall pay the reasonable shipping costs associated with any items of Inventory returned by the Buyer pursuant to this section. The Parties further agree that any items of Inventory returned pursuant to this Section 6.11 must be sent to the Sellers for return within one hundred and fifty (150) days of the Closing Date, and may not be returned to the Sellers on or before December 31, 1996.

Return of Inventory. (a) Within five (5) days following the expiration of the Term, or the earlier termination of this Agreement pursuant to the terms hereof, RMT shall send written notice to Green identifying all items of Unpurchased Inventory, as hereinafter defined. Green shall engage RMT, at Green's expense and as directed in writing by Green, within five (5) days following receipt of the aforementioned notice, to pack and ship all items of the Inventory not purchased by RMT pursuant to the terms of this Agreement (the "Unpurchased Inventory") to a U.S. location (the "Green Destination") identified by written notice received from Green pursuant to the terms of Section 19(b) hereof. RMT shall ensure that all packaging of the Unpurchased Inventory is suitable, including, but not limited to, with respect to construction, design, materials and assembly, to ensure delivery of such Unpurchased Inventory to Green in undamaged condition that is satisfactory to Green. Not later than the date of shipment of any Unpurchased Inventory pursuant to the terms of the first sentence of this Section 7, RMT shall deliver to Green a complete written accounting of all Purchased Inventory and Unpurchased Inventory. RMT shall bear the risk of loss, theft, destruction of or damage to the Unpurchased Inventory or any component thereof until such Unpurchased Inventory is received at the Green Destination. RMT covenants and agrees that each item of Unpurchased Inventory returned to Green will meet the Inventory Condition Standard. RMT shall be deemed to have purchased from Green, at the price set forth on Schedule 1 and upon the terms and conditions set forth in this Agreement, any Unpurchased Inventory that is either (i) not returned to Green pursuant to the terms of this Section 7, or (ii) not in the condition specified in the foregoing sentence. RMT hereby represents and warrants to Green that all Unpurchased Inventory returned to Green shall be free and clear of any and all Encumbrances, as hereinafter defined. (b) RMT hereby grants to Green (and its agents, representatives or assigns) a fully-paid, royalty-free, worldwide right and license to, upon either or both of the expiration of the Term and the occurrence of an RMT Breach (unless appropriately waived in writing in accordance with this Agreement) as more fully provided in Section 14, below, use, or sell or otherwise transfer, any and all of the Inventory which may bear or utilize any of RMT's or the Division's names, tradenames, trademarks...

Return of Inventory. Upon termination, non-renewal or other expiration of this Agreement for any reason, Distributor shall have the right to return any and all Products which remain unsold in Distributor’s inventory to Aruba and Aruba shall repurchase from Distributor all such Products at the invoice price paid by Distributor for such Products. In the event of a material breach, the breaching party shall pay the freight for any such repurchases; in all other events, the terminating party shall pay the freight charges for any such repurchases. In addition, Aruba shall immediately convert any outstanding credits granted or credit memos issued by Aruba to Distributor and any other amounts that can be offset by Distributor into cash and shall pay such cash to Distributor within [***] ([***]) days after the termination date after first applying all credits granted to any/all outstanding open invoices agreed to by the both parties. In the event Distributor terminates the Agreement pursuant to Section 2.2(a), (b) or (c), Distributor, in its sole and exclusive discretion, may return all current Products held in inventory in exchange for credit against any amounts owed by Distributor to Aruba.