Common use of Eligible Inventory Clause in Contracts

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, to the knowledge of Borrower, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 3 contracts

Samples: Loan and Guaranty Agreement (Collective Brands, Inc.), Loan and Guaranty Agreement (Payless Shoesource Inc /De/), Guaranty and Security Agreement (Payless Shoesource Inc /De/)

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Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Administrative Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, to the knowledge of Borrower, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 3 contracts

Samples: Loan and Security Agreement (Us Home & Garden Inc), Loan and Security Agreement (World Airways Inc /De/), Loan and Security Agreement (Advanced Lighting Technologies Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, to the knowledge of Borrower, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 3 contracts

Samples: Loan and Security Agreement (Big Dog Holdings Inc), Loan and Security Agreement (Nabi Biopharmaceuticals), Loan and Security Agreement (Oakwood Homes Corp)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, to the knowledge of BorrowerInventory, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 2 contracts

Samples: Loan Agreement (Palm Inc), Loan Agreement (Palm Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, to the knowledge of Borrower, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 2 contracts

Samples: And Consolidated Loan and Security Agreement (Big Dog Holdings Inc), Loan and Security Agreement (Big Dog Holdings Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower Borrowers as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, to the knowledge of Borrower, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition definitions of Eligible Finished Goods Inventory or Eligible Raw Materials Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Pioneer Companies Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Administrative Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, to the knowledge of Borrower, such Inventory inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Contingent Warrant Agreement (Advanced Lighting Technologies Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, to the knowledge of BorrowerBank, such Inventory is not excluded as ineligible by virtue of one or more of the excluding defining criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Credit Agreement (Virco MFG Corporation)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, to the knowledge of BorrowerLender, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Shoe Pavilion Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, to the knowledge of Borrower, such Inventory is located at one of the locations set forth on Schedule E-1 or is in transit from one such location to another such location and is not otherwise excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Factory Card Outlet Corp)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Administrative Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to by Agent, to the knowledge of Borrower, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Amtrol Inc /Ri/)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Collateral Agent, to the knowledge of Borrower, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Cutter & Buck Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where defects (other than saleable clearance goods arising in the existence ordinary course of such defects would not cause a Material Adverse Changebusiness consistent with past practice). As to each item of Inventory that is identified by Administrative Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, to the knowledge of Borrower, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Bombay Company Inc)

Eligible Inventory. All As to each item of Inventory that is identified as Eligible Inventory in a borrowing base report submitted to Agent, such Inventory is (a) of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, to the knowledge of Borrower, such Inventory is and (b) not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Credit Agreement (Magnetek Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by any Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, to the knowledge of BorrowerLender, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory. [Intentionally omitted.]

Appears in 1 contract

Samples: Loan and Security Agreement (Synalloy Corp)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Changeother than Eligible Inventory considered “Scratch and Dent” Inventory which is in saleable condition consistent with past practices. As to each item of Inventory that is identified by Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, to the knowledge of Borrower, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Design Within Reach Inc)

Eligible Inventory. (a) All Eligible Finished Goods Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by the Administrative Borrower as Eligible Finished Goods Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, to the knowledge of Borrower, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Finished Goods Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Outsourcing Services Group Inc)

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Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent and Term Agent, to the knowledge of Borrower, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

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

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known material defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Administrative Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, to the knowledge of Borrower, such Inventory is Eligible Inventory and is otherwise not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Midas Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Administrative Borrower as Eligible Inventory in a Borrowing Base Certificate the borrowing base report most recently submitted to Agent, to the knowledge of Borrower, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Numatics Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Administrative Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, to the knowledge of Borrower, such Inventory is not as of the date of such report excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Phibro Animal Health Corp)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Administrative Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, to the knowledge of Borrower, such Inventory is located at one of the locations set forth on Schedule E-1 and is not otherwise excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Harolds Stores Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Administrative Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, to the knowledge of Borrower, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Marketing Services Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower as Eligible Inventory in a Borrowing Base Certificate borrowing base report submitted to Agent, to the knowledge of BorrowerLender, such Inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Harvey Electronics Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower included as Eligible Inventory in on a Borrowing Base Certificate submitted to Agent, to the knowledge of BorrowerCertificate, such Inventory is not excluded as ineligible by virtue of one or more meets all of the excluding criteria set forth in the definition of requirements for Eligible Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Cellstar Corp)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where the existence of such defects would not cause a Material Adverse Change. As to each item of Inventory that is identified by Borrower as Eligible Inventory in a Borrowing Base Certificate submitted to Agent, to the knowledge of BorrowerInventory, such Inventory is not excluded as ineligible by virtue of one or more of in compliance with the excluding criteria for eligibility set forth in under the definition of "Eligible Inventory" in SECTION 1.1.

Appears in 1 contract

Samples: Loan and Security Agreement (Guitar Center Inc)

Eligible Inventory. All Eligible Inventory is of good and merchantable quality, free from known defects, except where defects (other than saleable clearance goods arising in the existence ordinary course of such defects would not cause a Material Adverse Changebusiness consistent with past practice). As to each item of Inventory inventory that is identified by Borrower Parent as Eligible Inventory in a Borrowing Base Certificate submitted to the Administrative Agent, to the knowledge of Borrower, such Inventory inventory is not excluded as ineligible by virtue of one or more of the excluding criteria set forth in the definition of Eligible Inventory.

Appears in 1 contract

Samples: Credit Agreement (Bombay Company Inc)

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