Material Disposition Sample Clauses

Material Disposition. Supplier will take the following actions regarding Sun’s payment obligation for Obsolete Materials prior to submitting a Claim under Article 10.4: (a) immediately reduce or cancel outstanding purchase orders for Obsolete Materials; (b) discontinue upside support for Obsolete Materials; (c) return Obsolete Materials to Supplier’s sub-tier supplier; (d) subject to Sun’s prior consent, sell the SUTCs to a third party; (e) rework or dekit Obsolete Materials into industry standard constituent parts upon mutual agreement regarding the cost of such services; (f) cease all work-in-progress, except as necessary to meet Sun’s Forecast and Delivery Lead-times; and (g) use all other commercially reasonable efforts to mitigate Sun’s liability for Obsolete Materials. Supplier will perform a physical inventory within five (5) days of completion of items Articles 10.3 (a)—(g) and may thereafter submit an Obsolete Materials Report as a Claim under Article 10.4.
Material Disposition. 10.1 With respect to work covered under the Services Rate, Equipment or parts thereof received from Buyer, which in the reasonable opinion of ▇▇▇▇▇ & Whitney have no value other than as scrap because they cannot be repaired to a serviceable condition, shall be disposed of by ▇▇▇▇▇ & ▇▇▇▇▇▇▇, and no accountability or liability for such parts shall be imposed on ▇▇▇▇▇ & Whitney by Buyer. Title to all such Equipment shall vest in ▇▇▇▇▇ & ▇▇▇▇▇▇▇. 10.2 With respect to Excess Work, Equipment or parts thereof received from Buyer, which in the reasonable opinion of ▇▇▇▇▇ & Whitney have no value other than as scrap because they cannot be repaired to a serviceable condition, shall be disposed of by ▇▇▇▇▇ & ▇▇▇▇▇▇▇, and no accountability or liability for such parts shall be imposed on ▇▇▇▇▇ & Whitney by Buyer. ▇▇▇▇▇ & ▇▇▇▇▇▇▇ agrees, however, to return to Buyer, at Buyer's expense, parts which are either scrap, superseded or uneconomical to repair if so indicated on the face of Buyer's Purchase Order or supplement thereto. In any event, Buyer's instructions regarding scrap disposition must be received by ▇▇▇▇▇ & Whitney within thirty (30) days after shipment of an engine to Buyer or all scrap will be disposed of locally. To assist Buyer in identification of scrap parts returned at its request, such scrap may be shipped in an altered state which will indicate that it is clearly unfit for service use. 10.3 With respect to Excess Work, parts for which there are currently no repair procedures and which, in the opinion of ▇▇▇▇▇ & ▇▇▇▇▇▇▇, have potential to be repaired to a serviceable condition sometime in the future, shall be returned, unaltered, to Buyer at Buyer's expense.
Material Disposition. 3.3.1 The OPERATOR may at any time dispose of excess MATERIAL as it deems fit except that where it wishes to dispose of items not included for disposal in the BUDGET and which were acquired at a cost exceeding US$100,000 or where the book (accounting value) exceeds US$50,000 it will first obtain approval for such disposal from the relevant SUB-COMMITTE.
Material Disposition. 19 ARTICLE 19
Material Disposition any Disposition of Property or series of related Dispositions of Property outside of the Ordinary Course of Business that yields gross proceeds to one or more of the Obligors or Restricted Subsidiaries in excess of $25,000,000. Modification: any amendment, supplement, extension, approval, consent, waiver, change or other modification of a Loan Document, including any waiver of a Default or Event of Default.
Material Disposition. 18.1 Unless TAM has notified Pratt & Whitney to the contrary, Equipment or parts thereof rece▇▇▇▇ fro▇ ▇▇▇, which in the opinion of Pratt & Whitney have no value other than as scrap because they c▇▇▇▇▇ be ▇▇▇▇▇▇ed to a serviceable condition, will be disposed of by Pratt & Whitney, and no accountability or liability for such par▇▇ ▇▇ll be imposed on Pratt & Whitney by TAM. Pratt & Whitney agrees, however, to retu▇▇ ▇▇ TA▇, ▇▇ ▇AM's ▇▇pe▇▇▇, parts which are either scrap, superseded or uneconomical to repair if so indicated on the face of TAM's Purchase Order or supplement thereto. 18.2 Parts for which there are currently no repair procedures and which, in the opinion of Pratt & Whitney/Cheshire Engineering, have potential to be repai▇▇▇ ▇o a ▇▇▇▇▇▇eable condition sometime in the future, will be returned to TAM at TAM's expense.
Material Disposition. Goods and parts thereof received from Buyer, which in the opinion of Seller have no value other than as scrap because they cannot be repaired to a serviceable condition, will be disposed of by Seller, and no accountability or liability therefor will be imposed on Seller by Buyer. Seller agrees, however, to return to Buyer parts which are either scrap, superseded or uneconomical to repair if so indicated on the face of the Buyer's purchase order or supplement thereto; these parts will be returned at Buyer's expense. To assist Buyer in identification of scrap parts returned at his request, such scrap will be shipped in an altered state which will indicate that it is clearly unfit for service use. Parts for which there are currently no repair procedures and which, in the opinion of Seller, have potential to be repaired to a serviceable condition sometime in the future, will be returned to the Buyer at Buyer's expense.
Material Disposition. The Company disposes by sale, lease or otherwise all or any substantial portion of its property or assets.

Related to Material Disposition

  • Final Disposition Notwithstanding any other provision in this Agreement, no determination as to entitlement to indemnification under this Agreement shall be required to be made prior to the final disposition of the Proceeding.

  • Data Disposition When the contracted work has been completed or when the Data is no longer needed, except as noted above in Section 5.b, Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: Data stored on: Will be destroyed by:

  • No Dispositions Except for the transfer of assets in the ordinary course of business consistent with prior practice, no party shall sell, lease, encumber or otherwise dispose of, or agree to sell, lease, encumber or otherwise dispose of, any of its assets, which are material, individually or in the aggregate, to such party.

  • Asset Disposition If the Borrower or any of its Subsidiaries (other than a Financing Subsidiary) Disposes of any property which results in the receipt by such Person of Net Cash Proceeds in excess of $2,000,000 in the aggregate since the applicable Commitment Termination Date, the Borrower shall prepay an aggregate principal amount of such Loans owed to such Lender or Lenders equal to 100% of such Net Cash Proceeds no later than the fifth Business Day following the receipt of such Net Cash Proceeds (such prepayments to be applied as set forth in Section 2.09(b)).

  • Dispositions and Involuntary Dispositions The Issuer shall promptly (and, in any event, within three (3) Business Days) upon the receipt by any Note Party or any Subsidiary of the Net Cash Proceeds of any Disposition or Involuntary Disposition (other than, so long as no Default or Event of Default exists at the time prepayment would otherwise be required pursuant to this Section 2.07(b)(i), where such Net Cash Proceeds of Dispositions and Involuntary Dispositions do not exceed (x) prior to the Combination Closing Date, $1,000,000 and (y) on or after the Combination Closing Date, $3,000,000, in each case, in the aggregate in any fiscal year ((x) or (y), as applicable, the “De Minimis Disposition Proceeds”)) apply 100% of such Net Cash Proceeds to prepay the Notes, the accrued but unpaid interest thereon and, subject to Section 2.12 of the Intercreditor Agreement, the Call Premium, if any, payable thereon, to the extent such Net Cash Proceeds are not reinvested in Eligible Assets (x) prior to the Combination Closing Date, within 90 days of the date of such Disposition or Involuntary Disposition or (y) on or after the Combination Closing Date, (i) within twelve months following receipt of such Net Cash Proceeds or (ii) if the Issuer or any Subsidiary enters into a legally binding commitment to reinvest such Net Cash Proceeds within twelve months following receipt thereof, within the later of (A) twelve months following receipt of such Net Cash Proceeds and (B) 180 days of the date of such legally binding commitment; provided, that if at the time that any such prepayment would be required, the Issuer is also required to prepay the Lockheed ▇▇▇▇▇▇ Senior Secured Notes (to the extent required by the NPA) with any portion of such Net Cash Proceeds, then the Issuer may apply such portion of the Net Cash Proceeds on a pro rata basis (as determined in accordance with Section 2.12 of the Intercreditor Agreement) and any Declined Proceeds pursuant to clause (iv) below, in each case, to the prepayment of such outstanding amounts, plus accrued and unpaid interest thereon, under the NPA. Notwithstanding the foregoing, the Issuer and its Subsidiaries may not exercise the reinvestment rights set forth in the preceding sentence with respect to the Net Cash Proceeds (other than the De Minimis Disposition Proceeds) in excess of $10,000,000 in the aggregate. Any prepayment pursuant to this clause (i) shall be applied as set forth in clause (iv) below.