Common use of Inventory; Returns Clause in Contracts

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date.

Appears in 7 contracts

Sources: Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $500,000.

Appears in 4 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (Masergy Communications Inc), Loan and Security Agreement (Infinera Corp)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on at the Closing Datetime of the execution and delivery of this Agreement.

Appears in 3 contracts

Sources: Loan and Security Agreement (Scientific Learning Corp), Loan Agreement (Scientific Learning Corp), Loan and Security Agreement (Aspect Medical Systems Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $250,000.

Appears in 3 contracts

Sources: Loan and Security Agreement (Verenium Corp), Loan and Security Agreement (Nexsan Corp), Loan and Security Agreement (Aldagen Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable marketable condition, free from all material defects except for Inventory for which adequate reserves have been madedefects. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on at the Closing Date.time of the execution and delivery of this

Appears in 2 contracts

Sources: Loan and Security Agreement (Advanced Polymer Systems Inc /De/), Loan and Security Agreement (Visual Networks Inc)

Inventory; Returns. Each Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between any Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of such Borrower, as they exist on the Closing Date. Administrative Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $50,000.

Appears in 2 contracts

Sources: Loan and Security Agreement (Convio, Inc.), Loan and Security Agreement (Convio, Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable marketable condition, free from all material defects except for Inventory for which adequate reserves have been madedefects. Returns and allowances, if any, as allowances between Borrower and its account debtors shall be on the same basis and in accordance with the usual follow Borrower’s customary practices of Borrower, as they exist on at the Closing Effective Date.

Appears in 2 contracts

Sources: Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (LTX Corp)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $50,000.

Appears in 2 contracts

Sources: Loan and Security Agreement (Iceweb Inc), Loan and Security Agreement (Iceweb Inc)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between each Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of such Borrower, as they exist on the Closing Date. Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Pfsweb Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance accordance 8. with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Zonare Medical Systems Inc)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between a Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of such Borrower, as they exist on the Closing Date. Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Jamdat Mobile Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $500,000.00.

Appears in 1 contract

Sources: Loan and Security Agreement (Northern Power Systems Corp.)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of any sales returns and any inventory-related disputes and claims which individually involve more than $100,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Biolase Technology Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date.

Appears in 1 contract

Sources: Loan and Security Agreement (Salix Pharmaceuticals LTD)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on substantially the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $175,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Citadel Security Software Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $75,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Spy Optic Inc)

Inventory; Returns. Borrower Borrowers shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between a Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of such Borrower, as they exist on the Closing Date. Borrowers shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $250,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Proteinsimple)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $2,500,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Opentable Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns, recoveries, disputes or claims involving more than $100,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Irvine Sensors Corp/De/)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.00.

Appears in 1 contract

Sources: Loan and Security Agreement (Biolase, Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Effective Date. Borrower shall promptly notify Lender of all returns and recoveries and of all disputes and claims involving more than $250,000.

Appears in 1 contract

Sources: Subordinated Term Loan and Security Agreement (Sonim Technologies Inc)

Inventory; Returns. Borrower shall keep all its material Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date.

Appears in 1 contract

Sources: Loan and Security Agreement (NewAge, Inc.)

Inventory; Returns. Borrower shall keep all Inventory (if any) in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Traffic.com, Inc.)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Vastera Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Effective Date.

Appears in 1 contract

Sources: Loan and Security Agreement (NTN Buzztime Inc)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on the Closing Date. Borrower shall promptly notify Bank of all payment disputes and claims from customers involving more than $1,000,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Asyst Technologies Inc /Ca/)

Inventory; Returns. Borrower shall keep all Inventory in good and merchantable marketable condition, free from all material defects except for Inventory for which adequate reserves have been madedefects. Returns and allowances, if any, as between Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of Borrower, as they exist on at the Closing Date.time of the execution and delivery of this Agreement. Borrower shall promptly notify Bank of all returns and recoveries and of

Appears in 1 contract

Sources: Loan and Security Agreement (Resound Corp)

Inventory; Returns. Each Borrower shall keep all Inventory in good and merchantable marketable condition, free from all material defects except for Inventory for which adequate reserves have been made. Returns and allowances, if any, as between any Borrower and its account debtors shall be on the same basis and in accordance with the usual customary practices of such Borrower, as they exist on the Closing Date. Each Borrower shall promptly notify Bank of all returns and recoveries and of all disputes and claims involving more than $100,000.

Appears in 1 contract

Sources: Loan and Security Agreement (Inphonic Inc)