Merchantable. The parties agree that only Inventories which are usable in the ordinary course of business and are not obsolete, damaged or defective as of the Effective Time shall be utilized in making the calculations herein. The cost to dispose of any Inventories not meeting these requirements shall be borne by Agriliance.
Appears in 3 contracts
Sources: Distribution Agreement, Agreement Regarding Distribution of Assets (Land O Lakes Inc), Distribution Agreement (CHS Inc)