Common use of Eligible Inventory Clause in Contracts

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 14 contracts

Sources: Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 11 contracts

Sources: Credit Agreement (Tessco Technologies Inc), Credit Agreement (Pioneer Energy Services Corp), Credit Agreement (Jakks Pacific Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Administrative Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 8 contracts

Sources: Credit Agreement (Bell Industries Inc /New/), Loan and Security Agreement (Evergreen Holdings Inc), Loan and Security Agreement (Trust Created February 25 1986)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 8 contracts

Sources: Credit Agreement (Birks Group Inc.), Credit Agreement (Birks Group Inc.), Credit Agreement (Titan Machinery Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is is, as of the date thereof, (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 5 contracts

Sources: Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 5 contracts

Sources: Debt and Security Agreement, Loan and Security Agreement (Sharper Image Corp), Loan and Security Agreement (Sharper Image Corp)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 4 contracts

Sources: Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.), Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.), Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to AgentLender, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than AgentLender-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 4 contracts

Sources: Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (Integrated Electrical Services Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 4 contracts

Sources: Credit Agreement (Concrete Pumping Holdings, Inc.), Credit Agreement (Concrete Pumping Holdings, Inc.), Credit Agreement (Concrete Pumping Holdings, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to AgentLender, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 4 contracts

Sources: Loan and Security Agreement (Swank, Inc.), Loan and Security Agreement (Swank, Inc.), Loan and Security Agreement (Overstock Com Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 4 contracts

Sources: Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement (Angiotech Pharmaceuticals Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 3 contracts

Sources: Credit Agreement (Navarre Corp /Mn/), Credit Agreement (Stanadyne Holdings, Inc.), Credit Agreement (Utstarcom Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Administrative Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 3 contracts

Sources: Abl Credit Agreement (B. Riley Financial, Inc.), Abl Credit Agreement (Franchise Group, Inc.), Abl Credit Agreement (Franchise Group, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower the Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to AgentCo-Collateral Agents, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than AgentCo-Collateral Agents-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 3 contracts

Sources: Debtor in Possession Credit Agreement (School Specialty Inc), Debtor in Possession Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a US Borrowing Base Certificate or a Canadian Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 3 contracts

Sources: Credit Agreement (Polyone Corp), Credit Agreement (Polyone Corp), Credit Agreement (Polyone Corp)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Administrative Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Administrative Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 3 contracts

Sources: Abl Credit and Guarantee Agreement (Janus International Group, Inc.), Abl Credit and Guarantee Agreement (Janus International Group, Inc.), Abl Credit and Guarantee Agreement (Janus International Group, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower the Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Agent (or any Third Party Agent), such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 3 contracts

Sources: Credit Agreement (Endologix Inc /De/), Credit Agreement (Endologix Inc /De/), Credit Agreement (Endologix Inc /De/)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to AgentCo-Collateral Agents, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than AgentCo-Collateral Agents-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 2 contracts

Sources: Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding eligibility criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 2 contracts

Sources: Credit Agreement (Apparel Holding Corp.), Credit Agreement (Apparel Holding Corp.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to an Agent, such Inventory is (a) of good and merchantable quality, free from known defects. In addition, and (b) after a Borrowing Base Trigger Event, each item of Inventory that is identified by a Borrower as Eligible Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 2 contracts

Sources: Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (American Reprographics CO)

Eligible Inventory. As to each item of Inventory that is identified by any Administrative Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defectsdefects (other than immaterial defects that will not adversely affect the saleability of such Inventory), and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 2 contracts

Sources: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (Take Two Interactive Software Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower the Borrowers as Eligible Inventory Inventory, in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 2 contracts

Sources: Debt Agreement (Erickson Inc.), Credit Agreement (Erickson Air-Crane Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, as of the date of submission of such Borrowing Base Certificate, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 2 contracts

Sources: Credit Agreement (CVR Energy Inc), Credit Agreement (CVR Partners, Lp)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 2 contracts

Sources: Senior Secured Credit Agreement (BMC Stock Holdings, Inc.), Senior Secured Credit Agreement (BMC Stock Holdings, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower the Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 2 contracts

Sources: Credit Agreement (Nacco Industries Inc), Credit Agreement (K Swiss Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Administrative Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 2 contracts

Sources: Credit Agreement (Finisar Corp), Credit Agreement (Finisar Corp)

Eligible Inventory. As to each item of Inventory that is identified by any the Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Administrative Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Administrative Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 2 contracts

Sources: Credit Agreement (Unified Grocers, Inc.), Credit Agreement (Accellent Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Administrative Agent, such Inventory is (a) of good and merchantable quality, free from known defectsdefects (other than as disclosed or reduced in the Borrowing Base Certificate), and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Administrative Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 2 contracts

Sources: Credit Agreement (Select Energy Services, Inc.), Credit Agreement (Select Energy Services, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower the Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a1) of good and merchantable quality, free from known defects, and (b1) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Advanced Energy Industries Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to AgentLender, such Inventory is is, at the time of submission of such Borrowing Base Certificate to Lender (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than AgentLender-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit and Security Agreement (Differential Brands Group Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Administrative Agent, such Inventory is (a) of good and merchantable quality, and, to the best of Borrower’s knowledge, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Transtechnology Corp)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Great Lakes as Eligible Inventory in a Borrowing Base Certificate submitted to each Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Great Lakes Aviation LTD)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a the most recent Borrowing Base Certificate submitted to the Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory” (that are not any Agent-discretionary criteria) as in effect at such time.

Appears in 1 contract

Sources: Credit Agreement (Smart Sand, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Administrative Agent, such Inventory is (ai) of good and merchantable quality, free from known defects, and (bi) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary any Administrative Agent‑discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Inventory Facility Credit Agreement (Anixter International Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, defects and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Supreme Industries Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Administrative Agent, such Inventory is is (ai) of good and merchantable quality, free from known defects, and (bii) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Administrative Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Anixter International Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a the most recent Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Stock Building Supply Holdings, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any a Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to an Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Senior Revolving Credit Agreement (Bumble Bee Capital Corp.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Administrative Agent, such Inventory is (a) of good and merchantable quality, free from known defects, defects and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any excluding criteria determined at the discretion of Administrative Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Wayne Farms, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Parent as Eligible Inventory in a Borrowing Base Certificate submitted to Agentthe Lender, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agentany Lender-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Twin Disc Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Administrative Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Administrative Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Ascendia Brands, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory Inventory, in a Borrowing Base Certificate submitted to AgentLender, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agentany Lender-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Loan and Security Agreement (Revolution Lighting Technologies, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any the Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Diamond Foods Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Administrative Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Administrative Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Abl Credit Agreement (Franchise Group, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (American Pacific Corp)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a the most recent Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (American Commercial Lines Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Chiquita Brands International Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is is, as of the date thereof, (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Vector Group LTD)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Teltronics Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Finished Goods Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (ModusLink Global Solutions Inc)

Eligible Inventory. As to each item of Inventory that is identified by any the Borrower as Eligible Finished Goods Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defectsdefects (other than defects that do not prevent satisfaction of the standard requirements for delivery and acceptance of such Inventory), and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Enphase Energy, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Administrative Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Franchise Group, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Channel Financed Inventory or Eligible Non-Channel Financed Inventory, as applicable.

Appears in 1 contract

Sources: Credit Agreement (Advanced Micro Devices Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate submitted to AgentLender, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than AgentLender-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit and Security Agreement (Orion Energy Systems, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a the relevant Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Pregis Holding II CORP)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Magnetek Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower Borrowers as Eligible Landed Inventory or Eligible In-Transit Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Landed Inventory or Eligible In-Transit Inventory.

Appears in 1 contract

Sources: Credit Agreement (Manitowoc Co Inc)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Administrative Agent, at the time of delivery of such Borrowing Base Certificate, such Inventory is (a) of good and merchantable quality, free from known defectsdefects (other than as disclosed or reduced in the Borrowing Base Certificate), and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Administrative Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Select Water Solutions, Inc.)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defectsdefects (other than defects that do not prevent satisfaction of the standard requirements for delivery and acceptance of such Inventory), and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Silicon Graphics International Corp)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower the Borrowing Base Loan Parties as Eligible Finished Goods Inventory or Eligible Work-in-Process Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than any Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (Weatherford International PLC)

Eligible Inventory. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defectsdefects (other than defects that do not prevent satisfaction of the standard requirements for delivery and acceptance of such Inventory), and (b) not excluded as ineligible by virtue of one or more of the excluding criteria (other than Agent-discretionary criteria) set forth in the definition of Eligible Inventory.

Appears in 1 contract

Sources: Credit Agreement (THQ Inc)