Common use of Orders, Commitments and Returns Clause in Contracts

Orders, Commitments and Returns. Except as set forth in Section 2.20 of the Disclosure Schedule, all accepted and unfulfilled orders for the sale of products and the performance of services entered into by the Company and all outstanding contracts or commitments for the purchase of supplies, materials and services were made in bona fide transactions in the ordinary course of business. Except as set forth in Section 2.20 of the Disclosure Schedule, to the knowledge of the Company, there are no claims against the Company to return products by reason of alleged over-shipments, defective products or otherwise, or of products in the hands of customers, retailers or distributors under an understanding that such products would be returnable.

Appears in 1 contract

Sources: Asset Purchase Agreement (Gateway Distributors LTD)

Orders, Commitments and Returns. Except as set forth in Section 2.20 of the Disclosure Schedule, to the knowledge of Sellers, all accepted and unfulfilled orders for the sale of products with a customer and the performance of services entered into by the Company and all outstanding contracts or commitments for the purchase of supplies, materials and services were made in bona fide transactions in the ordinary course of business. Except as set forth in Section 2.20 of the Disclosure Schedule, to the knowledge of the CompanySellers, there are no material claims against the Company to return products by reason of alleged over-shipments, defective products or otherwise, or of products in the hands of customers, retailers or distributors under an understanding that such products would be returnable.

Appears in 1 contract

Sources: Stock Purchase Agreement (Clarion Technologies Inc/De/)

Orders, Commitments and Returns. Except as set forth in Section 2.20 of the Disclosure Schedule, all accepted and unfulfilled orders for the sale of products and the performance of services entered into by the Company and all outstanding contracts or commitments for the purchase of supplies, materials and services were made in bona fide transactions in the ordinary course of business. Except as set forth in Section 2.20 of the Disclosure Schedule, to the best knowledge of the Company, Company there are no claims against the Company to return products by reason of alleged over-shipments, defective products or otherwise, or of products in the hands of customers, retailers or distributors under an understanding that such products would be returnable.

Appears in 1 contract

Sources: Asset Purchase Agreement (Noble International LTD)

Orders, Commitments and Returns. Except as set forth in Section 2.20 of the Disclosure Schedule, all accepted and unfulfilled orders for the sale of products with a customer and the performance of services entered into by the Company and all outstanding contracts or commitments for the purchase of supplies, materials and services were made in bona fide transactions in the ordinary course of business. Except as set forth in Section 2.20 of the Disclosure Schedule, to the knowledge of the Company, there are no claims against the Company to return products by reason of alleged over-shipments, defective products or otherwise, or of products in the hands of customers, retailers or distributors under an understanding that such products would be returnable.

Appears in 1 contract

Sources: Stock Purchase Agreement (Clarion Technologies Inc/De/)

Orders, Commitments and Returns. Except as set forth in Section 2.20 of the Disclosure Schedule, to the knowledge of Seller, all accepted and unfulfilled orders for the sale of products with a customer and the performance of services entered into by the Company and all outstanding contracts or commitments for the purchase of supplies, materials and services were made in bona fide transactions in the ordinary course of business. Except as set forth in Section 2.20 of the Disclosure Schedule, to the knowledge of the CompanySeller, there are no material claims against the Company to return products by reason of alleged over-shipments, defective products or otherwise, or of products in the hands of customers, retailers or distributors under an understanding that such products would be returnable.

Appears in 1 contract

Sources: Stock Purchase Agreement (Clarion Technologies Inc/De/)

Orders, Commitments and Returns. Except as set forth in Section 2.20 of the Disclosure Schedule, all accepted and unfulfilled orders for the sale of products and the performance of services entered into by the Company and all outstanding contracts or commitments for the purchase of supplies, materials and services were made in bona fide transactions in the ordinary course of business. Except as set forth in Section 2.20 of the Disclosure Schedule, to the knowledge of the Company, there are no pending or, to the best knowledge of Company and the Shareholders, threatened claims against the Company to return products by reason of alleged over-shipmentsovershipments, defective products or otherwise, or of products in the hands of customers, retailers or distributors under an understanding that such products would be returnable.

Appears in 1 contract

Sources: Asset Purchase Agreement (Nash Finch Co)

Orders, Commitments and Returns. Except as set forth in Section 2.20 2.16 of the Disclosure Schedule, to the knowledge of the Company, all accepted and unfulfilled orders for the sale of products and the performance of services entered into by the Company and all outstanding contracts or commitments for the purchase of supplies, materials and services were made in bona fide transactions in the ordinary course of business. Except as set forth in Section 2.20 2.16 of the Disclosure Schedule, to the knowledge of the Company, there are no claims against the Company to return products by reason of alleged over-shipments, defective products or otherwise, or of products in the hands of customers, retailers or distributors under an understanding that such products would be returnable.

Appears in 1 contract

Sources: Asset Purchase Agreement (Shumate Industries Inc)