Condition of Purchase Obligation Sample Clauses

Condition of Purchase Obligation. Maxtor's commitment to purchase the amounts set forth in Section 7.1 ("Purchase Commitment") is conditioned upon IMS providing Products competitive in both price and quality. If Maxtor qualifies, pursuant to the qualification criteria set forth in Exhibit E, which criteria may be amended from time to time by Maxtor at its sole discretion, one or more alternate suppliers of Products whose price or quality is more favorable to Maxtor than IMS' price or quality and who are capable of meeting Maxtor's quality and volume (in whole or in part) requirements, Maxtor shall so notify IMS in writing. [*] Maxtor's purchase commitments set forth in Section 7.1 ("Purchase Commitment") shall be reduced to the extent of Products as to which IMS is not price or quality competitive.
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Condition of Purchase Obligation. Maxtor's commitment to purchase the amounts set forth in Section 7.1 ("Purchase Commitment") is conditioned upon IMS providing Products competitive in both price and quality. If Maxtor qualifies, pursuant to the qualification criteria set forth in Exhibit E, which criteria may be amended from time to time by Maxtor at its sole discretion, one or more alternate suppliers of Products whose price or quality is more favorable to Maxtor than IMS' price or quality and who are capable of meeting Maxtor's quality and volume (in whole or in part) requirements, Maxtor shall so notify IMS in writing. If such alternate supplier provides a more favorable price, superior quality, or both, Maxtor shall notify IMS of the lower price and/or superior quality and give IMS the opportunity to adjust its prices and/or improve its quality. If IMS fails, within [*] to lower its prices and/or provide a plan acceptable to Maxtor to improve IMS' quality, so as to be competitive with such alternate supplier, Maxtor shall have the option of placing orders with such alternate suppliers. Maxtor's purchase commitments set forth in Section 7.1 ("Purchase Commitment") shall be reduced to the extent of Products as to which IMS is not price or quality competitive. * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
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Related to Condition of Purchase Obligation

  • Conditions to Obligation of Purchaser The obligation of Purchaser to consummate the transactions to be performed by it in connection with the Closing is subject to satisfaction of the following conditions:

  • Conditions Precedent to Obligation of Purchaser The obligation of Purchaser to consummate the transaction hereunder shall be subject to the fulfillment on or before the Closing Date of all of the following conditions, any or all of which may be waived by Purchaser in its sole discretion:

  • Conditions to the Obligations of Purchaser The obligations of Purchaser to consummate the transactions contemplated hereby to occur at the Closing are subject to the satisfaction of each the following conditions, unless waived in whole or in part in writing by Purchaser:

  • Conditions Precedent to the Obligations of Purchaser The obligations of Purchaser to consummate the transactions contemplated by this Agreement are subject to the fulfillment, on or prior to the Closing Date, of each of the following conditions, any of which may be waived in writing by Purchaser in its sole discretion:

  • CONDITIONS PRECEDENT TO OBLIGATIONS OF PURCHASER The obligation of Purchaser to consummate the transactions contemplated by this Agreement is subject to the fulfillment, on or prior to the Closing Date, of each of the following conditions (any or all of which may be waived by Purchaser in whole or in part to the extent permitted by applicable Law):

  • Conditions to Obligations of Purchaser The obligations of Purchaser to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment, at or prior to the Closing, of each of the following conditions:

  • Condition of Purchased Assets All of the tangible property included in the Purchased Assets is in good operating condition and repair, ordinary wear and tear excepted, and in the state of maintenance, repair and operating condition required for the proper operation and use thereof in the ordinary and usual course of business by Seller.

  • Conditions Precedent to Obligation of Buyer Buyer's obligation to consummate the transactions contemplated by this Agreement is subject to the satisfaction, on or prior to the Closing Date, of each of the following conditions, unless otherwise waived by Buyer in writing:

  • Conditions of Purchase The Purchaser's obligation to purchase and pay for the FFELP Loans hereunder by and through the Trustee as of any applicable Loan Purchase Date shall be subject to each of the following conditions precedent:

  • Conditions to Obligation of Buyer The obligation of Buyer to consummate the Closing is subject to the satisfaction of the following further conditions:

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