Common use of Inventory Taking Clause in Contracts

Inventory Taking. If Agent is the successful bidder at the ---------------- Auction, Merchant shall close each Store at the end of normal business hours for such Store on November 5, 1997. Such Stores shall remain closed until the Sale Commencement Date. Merchant and Agent shall cause to be taken (i) a Retail Price physical inventory, and (ii) an "SKU" inventory of the Merchandise (the "Inventory Taking") commencing after the close of business at each of the Stores ---------------- on November 5, 1997 and ending prior to the commencement of business on November 8, 1997 (each such date of the Inventory Taking for each Store, as applicable, being the "Inventory Date"). Merchant and Agent shall jointly employ WIS or -------------- another mutually acceptable inventory taking service to conduct the Inventory Taking. Agent shall be responsible for 50% of the costs and fees of the inventory taking service as an Expense hereunder, and the balance of such costs and fees shall be paid by Merchant. Except as provided in the immediately preceding sentence, Merchant and Agent shall bear their respective costs and expenses relative to the Inventory Taking. Merchant and Agent shall each have representatives present during the Inventory Taking, and shall each have the right to review and verify the listing and tabulation of the inventory taking service. Merchant agrees that during the conduct of the Inventory Taking at each Store such Store shall be closed to the public and no sales or other transactions shall be conducted. The procedures to be used in the conduct of the Inventory Taking and its verifications are set forth on Exhibit 5.1 attached ----------- hereto. To facilitate the Inventory Taking, Merchant agrees to make its SKU data files and related computer hardware and software available to Agent and the inventory taking service commencing on the date of this Agreement.

Inventory Taking. If Agent is the successful bidder at the ---------------- Auction, Merchant shall close each Store at the end of normal business hours for such Store on November 5, 1997. Such Stores shall remain closed until the Sale Commencement Date. Merchant and Agent shall cause to be taken (i) a Retail Price physical inventory, and (ii) an "SKU" inventory of the Merchandise (the "Inventory Taking") commencing after at the close of business at each of the Stores ---------------- on November 5a date mutually agreed upon by Agent and Merchant, 1997 and ending prior to but in no event later than December 14, 2000 (the commencement of business on November 8, 1997 (each such date of the Inventory Taking for at each Store, as applicable, Store being the "Inventory Date"" for such Store). Merchant and Agent shall jointly employ WIS RGIS or -------------- another mutually acceptable inventory taking service to conduct the Inventory Taking. Agent shall be responsible for 50% of the costs and fees of the inventory taking service as an Expense hereunder, and the balance of such costs and fees shall be paid by Merchant. Except as provided in the immediately preceding sentence, Merchant and Agent shall bear their respective costs and expenses relative to the Inventory Taking. Merchant and Agent shall each have representatives present during the Inventory Taking, and shall each have the right to review and verify the listing and tabulation of the inventory taking service. Merchant agrees that during the conduct of the Inventory Taking at each Store such Store shall be closed to the public and no sales or other transactions shall be conducted. The procedures to be used in the conduct of the Inventory Taking and its verifications are set forth on Exhibit 5.1 attached ----------- hereto. To In order to facilitate the Inventory Taking, Merchant agrees to make its SKU data files and related computer hardware and software available to Agent and the inventory taking service commencing on prior to the date of this AgreementInventory Date.

Inventory Taking. If Agent is the successful bidder at the ---------------- Auction, Merchant shall close each Store at the end of normal business hours for such Store on November 5, 1997. Such Stores shall remain closed until the Sale Commencement Date. Merchant and Agent shall cause to be taken (i) a Retail Price physical inventory, and (ii) an "SKU" inventory of the Merchandise located in the Stores on the Inventory Date (the "Inventory Taking") commencing after at the close of business at each of the Stores ---------------- on November 5, 1997 a date mutually agreed upon by Agent and ending prior to Merchant (the commencement of business on November 8, 1997 (each such date of the Inventory Taking for at each Store, as applicable, Store being the "Inventory Date"" for such Store). Merchant and Agent shall jointly employ WIS RGIS or -------------- another mutually acceptable nationally recognized inventory taking service to conduct the Inventory Taking. Agent shall be responsible for 50advance 100% of the costs and fees of the inventory taking service as an Expense hereunder, hereunder and shall have the balance right to offset 50% of such costs and fees shall be paid by cost from any sums due Merchant. Except as provided in the immediately preceding sentence, Merchant and Agent shall each bear their respective costs and expenses relative to the Inventory Taking. Merchant and Agent shall each have representatives present during the Inventory Taking, and shall each have the right to review and verify the listing and tabulation of the inventory taking service. Merchant agrees that during the conduct of the Inventory Taking at each Store such Store shall be closed to the public and no sales or other transactions shall be conducted. The procedures to be used in the conduct of Immediately after the Inventory Taking and its verifications are set forth with respect to the Texas Stores included on Exhibit 5.1 attached ----------- hereto. To facilitate 1A, the Inventory Taking, Merchant agrees Merchandise from such Stores shall be packed and delivered to make Louisiana Stores determined by Agent in its SKU data files and related computer hardware and software available to Agent and the inventory taking service commencing on the date of this Agreementdiscretion.

Inventory Taking. If Agent is the successful bidder at the ---------------- Auction, Merchant shall close each Store at the end of normal business hours for such Store on November 5, 1997. Such Stores shall remain closed until the Sale Commencement Date. Merchant and Agent shall cause to be taken (i) a Retail Price physical inventory, and (ii) an "SKU" inventory of the Merchandise (the "Inventory TakingINVENTORY TAKING") commencing after at the close of business at each of the Stores ---------------- on November 5a date mutually agreed upon by Agent and Merchant, 1997 and ending prior to the commencement of business on November 8but in no event later than August 1, 1997 (each such the date of the Inventory Taking for at each Store, as applicable, Store being the "Inventory Date"INVENTORY DATE" for such Store). Merchant and Agent shall jointly employ WIS or -------------- another mutually acceptable inventory taking service RGIS to conduct the Inventory Taking. Agent shall be responsible for 50% of the costs and fees of the inventory taking service as an Expense hereunder, and the balance of such costs and fees shall be paid by Merchant. Except as provided in the immediately preceding sentence, Merchant and Agent shall bear their respective costs and expenses relative to the Inventory Taking. Merchant and Agent shall each have representatives present during the Inventory Taking, and shall each have the right to review and verify the listing and tabulation of the inventory taking service. Merchant agrees that during the conduct of the Inventory Taking at each Store such Store shall be closed to the public and no sales or other transactions shall be conducted. The procedures to be used in the conduct of the Inventory Taking and its verifications are set forth on Exhibit EXHIBIT 5.1 attached ----------- hereto. To In order to facilitate the Inventory Taking, Merchant agrees to make its SKU data files and related computer hardware and software available to Agent and the inventory taking service commencing on prior to the date of this AgreementInventory Date.

Inventory Taking. If Agent is the successful bidder at the ---------------- Auction, Merchant shall close each Store at the end of normal business hours for such Store on November 5, 1997. Such Stores shall remain closed until the Sale Commencement Date. Merchant and Agent shall cause to be taken (i) a Retail Price physical inventory, inventory and (ii) an "SKU" SKU inventory of the Merchandise (the "Inventory Taking") commencing after at the close of business at each of the Stores ---------------- on November 5a date mutually agreed upon by Agent and Merchant, 1997 and ending prior to but in no event later than two (2) days after entry of the commencement of business on November 8, 1997 Approval Order (each such the date of the Inventory Taking for at each Store, as applicable, Store being the "Inventory Date"" for such Store). Merchant and Agent shall jointly employ WIS or -------------- Washington Inventory Service and/or another mutually acceptable inventory taking service to conduct the Inventory Taking. Agent shall be responsible for 50% of the costs and fees of the inventory taking service as an Expense hereunder, and the balance of such costs and fees shall be paid by Merchant. Except as provided in the immediately preceding sentence, Merchant and Agent shall bear their respective costs and expenses relative to the Inventory Taking. Merchant and Agent shall each have representatives present during the Inventory Taking, and shall each have the right to review and verify the listing and tabulation of the inventory taking service. Merchant agrees that during the conduct of the Inventory Taking at each Store such Store shall be closed to the public and no sales or other transactions shall be conducted. The procedures to be used in the conduct of the Inventory Taking and its verifications are set forth on Exhibit 5.1 to be mutually agreed upon and attached ----------- hereto. To In order to facilitate the Inventory Taking, Merchant agrees to make its SKU data files files, including retail, UPC to SKU cross-reference, and merchandising rollup data, and related computer hardware and software available to Agent and the inventory taking service commencing on prior to the date of this AgreementInventory Date.