Customer Inventory. (a) CNYOG has (and at the Closing will have) physical possession and custody of a quantity of natural gas in the Phase I Facilities equal to the quantity of natural gas that must be delivered thereafter to customers in order to satisfy CNYOG’s obligations for delivery of natural gas (such quantity to be delivered to customers, the “Customer Gas Amount”), without delivery of any of the Native Gas or conversion of any of the Native Gas to working gas. Attached as Schedule 5.27(a) is a true and correct list (broken down by customer and quantity) of the inventory contained in the Customer Gas Amount as of the date of this Agreement and, in the case of the updated Schedule 5.27(a) contemplated by Section 9.9, as of the day immediately preceding the Closing Date.
Customer Inventory. Sellers have provided to Buyers true and complete copies of all month-end inventory reports prepared by the Company or any Company Subsidiary with respect to customer hydrocarbon inventory at the Facility since January 1, 2016. To Sellers’ Knowledge, there are no hydrocarbon inventory losses with respect to any customer of the Facility that are outside the loss allowance permitted under the applicable commercial agreement between such customer and HFOTCO. There are no Proceedings pending or, to Sellers’ Knowledge, threatened with respect to any material customer hydrocarbon inventory losses at the Facility.
Customer Inventory. The level of inventory of the Product in the possession of each of Seller’s primary customers Cardinal and McKesson does not exceed the quantity equal to four times the average monthly unit volume of sales made by Seller to each such customer with respect to the Product (calculated over the immediately preceding twelve months), as evidenced by a recent inventory report supplied by each such customer to Seller (the “Inventory Reports”).
Customer Inventory. At Closing, Seller will transfer to Purchaser, and Purchaser shall accept, possession of all materials and supplies of Seller’s customers that are located at the Premises.
Customer Inventory. Since January 1, 2016, the Company has not (a) intentionally induced or encouraged or attempted to induce or encourage any customers (including wholesalers and distributors) to purchase or maintain inventory of the CellRight Products in quantities in excess of their current needs, (b) shipped CellRight Products to customers substantially in excess of historic levels or otherwise, through special payment incentives or otherwise, or (c) changed any practice which would reasonably be expected to result in decreased orders from customers, as compared to the normal historical orders from such customers. To the Company’s Knowledge, there exists no build-up of any customer’s inventory level beyond such customer’s normal historical inventory level.
Customer Inventory. There are no hydrocarbon inventory losses with respect to any customer of any Company or Company Subsidiary facility that would reasonably be expected to be, individually or in the aggregate, material to the business of the Company and the Company Subsidiaries, taken as a whole. Section 4.20 Customers/Suppliers. (a) Section 4.20 of the Company Disclosure Letter sets forth a true and correct list of (i) the top twenty (20) largest customers (by revenue) of the Company and the Company Subsidiaries, taken as a whole for each of the two (2) most recent fiscal years and for the current fiscal year (each, a “Material Customer”) and the amount of consideration paid to the Company and the Company Subsidiaries during such period and (ii) the top twenty (20) largest suppliers (by expenditures) of the Company and the Company Subsidiaries for each of the two (2) most recent fiscal years and for the current fiscal year (each, a “Material Supplier”) and the amount of consideration paid to each such supplier. (b) As of the date hereof, no Material Customer or Material Supplier has given the Company, any Company Subsidiary or any of their respective Affiliates or Representatives, written (or to the Knowledge of the Company, other) notice that it intends to terminate or alter its business relationship with the Company or any Company Subsidiary, or decreased or threatened to decrease or limit, its supply of services or products to, or purchase of products or services from the Company or any Company Subsidiary, in each case (other than with respect to any complete termination of its relationship), in a manner that is or would reasonably be expected to be materially adverse to the Company or any Company Subsidiaries taken as a whole following the Closing. As of the date hereof, to the Knowledge of the Company, (i) no Material Customer or Material Supplier intends to terminate or alter its relationship with the Company or any Company Subsidiary or to decrease or limit, its supply of services or products to, or purchase of products or services from, the Company or any Company Subsidiary and (ii) no Material Customer or Material Supplier has advised the Company or any Company Subsidiary of any problem or dispute, in each case (other than with respect to any complete termination of its relationship), that is materially adverse to the Company or any Company Subsidiaries taken as a whole following the Closing. Section 4.21
