Orders, Commitments and Returns. 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 by or from the Company were made in bona fide transactions in the ordinary course of business. 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 2 contracts
Sources: Option and Asset Purchase Agreement (Ats Medical Inc), Agreement and Plan of Merger (Ats Medical Inc)
Orders, Commitments and Returns. All accepted and unfulfilled unfilled orders for the sale of products and the performance of services entered into by the Company in connection with the Business, and all outstanding contracts or commitments for the purchase of supplies, materials and services by or from in connection with the Company Business were made in bona fide transactions in the ordinary course Ordinary Course of businessBusiness consistent with past practice. There Other than in the Ordinary Course of Business, there are no material claims against the Company to return products by reason of alleged over-over shipments, defective products or otherwiseproducts, or of products in the hands of customers, retailers or distributors under an understanding understandings that such products would be returnable, or otherwise, that would have a Material Adverse Effect.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Iptimize, Inc.), Asset Purchase Agreement (Iptimize, Inc.)
Orders, Commitments and Returns. 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 by or from the Company were made in bona fide transactions in the ordinary course of business. 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.
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