Use of Inventory Collateral. (a) The Borrowers shall not engage in any sale of the Inventory other than for fair consideration in the conduct of the Borrowers’ business in the ordinary course and shall not engage in sales or other dispositions to creditors, sales or other dispositions in bulk, or any use of any of the Inventory in breach of any provision of this Agreement. (b) No sale of Inventory shall be on consignment, approval, or under any other circumstances such that, with the exception of the Borrowers’ customary return policy applicable to the return of Inventory purchased by the Borrowers’ retail customers in the ordinary course, such Inventory may be returned to the Borrowers without the consent of the Agent.
Appears in 2 contracts
Sources: Loan and Security Agreement (Mothers Work Inc), Loan and Security Agreement (Mothers Work Inc)
Use of Inventory Collateral. (a) The Borrowers shall not engage in any sale of the Inventory other than for fair consideration in the conduct of the Borrowers’ ' business in the ordinary course and shall not engage in sales or other dispositions to creditors, sales or other dispositions in bulk, or and any use of any of the Inventory in breach of any provision of this Agreement.
(b) No sale of Inventory shall be on consignment, approval, or under any other circumstances such that, with the exception of the Borrowers’ ' customary return policy applicable to the return of Inventory purchased by the Borrowers’ ' retail customers in the ordinary course, such Inventory may be returned to the Borrowers without the consent of the Administrative Agent.
Appears in 1 contract
Sources: Loan and Security Agreement (Restoration Hardware Inc)
Use of Inventory Collateral. (a) The Borrowers shall not engage in any sale of the Inventory other than for fair consideration in the conduct of the Borrowers’ ' business in the ordinary course and shall not 84 92 engage in sales or other dispositions to creditors, sales or other dispositions in bulk, or and any use of any of the Inventory in breach of any provision of this Agreement.
(b) No sale of Inventory shall be on consignment, approval, or under any other circumstances such that, with the exception of the Borrowers’ ' customary return policy applicable to the return of Inventory purchased by the Borrowers’ ' retail customers in the ordinary course, such Inventory may be returned to the Borrowers without the consent of the Administrative Agent.
Appears in 1 contract
Use of Inventory Collateral. (a) The Borrowers shall not engage in any sale of the Inventory other than for fair consideration in the conduct of the Borrowers’ business in the ordinary course and shall not engage in sales or other dispositions to creditors, sales or other dispositions in bulk, or any use of any of the Inventory in breach of any provision of this Agreement.
(b) No sale of Inventory shall be on consignment, approval, or under any other circumstances such that, with the exception of the Borrowers’ customary return policy applicable to the return of Inventory purchased by the Borrowers’ retail customers in the ordinary course, such Inventory may be returned to the Borrowers without the consent of the Term Agent.
Appears in 1 contract
Sources: Term Loan and Security Agreement (Mothers Work Inc)
Use of Inventory Collateral. (a) The Borrowers shall not engage in any sale of the Inventory other than for fair consideration in the conduct of the Borrowers’ ' business in the ordinary course and shall not engage in (i) sales or other dispositions to creditors, ; or (ii) sales or other dispositions in bulk, or any use of any of the Inventory in breach of any provision of this Agreement.
(b) No sale of Inventory shall be on consignment, approval, or under any other circumstances such that, with the exception of the Borrowers’ ' customary return policy applicable to the return of Inventory inventory purchased by the Borrowers’ ' retail customers in the ordinary course, such Inventory may be returned to the Borrowers without the consent of the AgentAgent .
Appears in 1 contract
Sources: Loan and Security Agreement (Sports Authority Inc /De/)
Use of Inventory Collateral. (a) The Borrowers shall not engage in any sale of the Inventory other than for fair consideration in the conduct of the Borrowers’ ' business in the ordinary course and shall not engage in in
(i) sales or other dispositions to creditors, ; or
(ii) sales or other dispositions in bulk, or any use of any of the Inventory in breach of any provision of this Agreement.
(b) No sale of Inventory shall be on consignment, approval, or under any other circumstances such that, with the exception of the Borrowers’ ' customary return policy applicable to the return of Inventory inventory purchased by the Borrowers’ ' retail customers in the ordinary course, such Inventory may be returned to the Borrowers without the consent of the Agent.
Appears in 1 contract
Sources: Loan and Security Agreement (Sports Authority Inc /De/)