PLAYBOY com shall be responsible for collection of all payments for sales of Products and for the determination and payment of all applicable taxes, including sales taxes.
PLAYBOY com (i) becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, and such petition or proceeding is not dismissed within sixty (60) days of filing, or (ii) becomes the subject of any involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, and such petition or proceeding is not dismissed within sixty (60) days of filing.
PLAYBOY com shall have the right to inspect the Products, in whole or in part, upon receipt by Infinity and shall have the right to reject such Products; provided, however, that Infinity shall bear no liability for such rejected Products. Infinity shall provide a holding area for Products received whose acceptability is questionable. Playboy.com will advise Infinity on the disposition within five (5) Business Days of notification by Infinity of such questionable Products.
PLAYBOY com may request a reduction or termination of any (or all) of the Services upon ninety (90) days written notice in the event that Playboy.com ceases to be in the direct commerce or e-commerce business. Playboy.com hereby represents and warrants that as of the effective date of this Agreement, it has no intention of ceasing to be in either the direct commerce or e-commerce business.
PLAYBOY com may designate a reasonable amount of inventory as High Risk Products, which shall be stored in the Secured Area. Furthermore, Playboy.com acknowledges that Infinity provides warehousing services to third parties and that not all of the Products will be maintained in areas of the Warehouse Facilities which are separate from such third parties' inventory. Notwithstanding the foregoing, Infinity shall take all reasonable measures to ensure that Playboy.com's inventory is secure and clearly designated as Playboy.com's inventory.
PLAYBOY. Borrower and the Restricted Subsidiaries may make Restricted Payments from time to time with the prior written consent of Agent so long as (i) no Default or Event of Default is then in existence or would result therefrom; and (ii) immediately after making each such Restricted Payment, Borrower has satisfied the Liquidity Test;"
PLAYBOY. ISSUE Feb-97 FEB BIND-IN Mar-97 Apr-97 JOB NUMBER 97-0218 97-0219 97-0220 PAGES GRAVURE 64PP 64PP 64PP PAGES OFFSET 114PP 2PP 114PP 114PP FINAL PAGE BREAKDOWN DUE 11/27/96-WE 12/26/96-TH 01/23/97-TH COVER FILM DUE AT QUAD 11/27/96-WE 12/23/96-MO 01/22/97-WE OFFSET FILM DUE AT QUAD 11/30/96-SA 11/20/96-WE 12/27/96-FR 01/25/97-SA GRAVURE FILM DUE AT QUAD 12/03/96-TU 12/28/96-SA 01/28/97-TU BPS OUT 2 12/04/96-WE 12/30/96-MO 01/29/97-WE GRAV RED-PRINTS SHIP TO PB 12/04/96-WE 12/30/96-MO 01/29/97-WE PRESS START OFFSET 12/07/96-SA 11/27/96-WE 01/04/97-SA 02/01/97-SA QUANTITY 1600000 PRESS PROOF SHOWN 12/06/96-FR 01/03/97-FR 01/31/97-FR PRESS START GRAVURE 12/10/96-TU 01/07/97-TU 02/04/97-TU BINDING INSTRUCTIONS DUE 12/05/96-TH 01/02/97-TH 01/30/97-TH GALLEY DUE 11/19/96-TU 12/17/96-TU 01/14/97-TU INSERTS DUE 12/13/96-FR 01/10/97-FR 02/07/97-FR INK-JET TAPES DUE (1ST) 12/09/96-MO 01/06/97-MO 02/03/97-MO INK-JET TAPES DUE (2ND) 12/16/96-MO 01/13/97-MO 02/10/97-MO BIND START (P) 12/17/96-TU 01/14/97-TU 02/11/97-TU NEWS STAND START SHIP 12/24/96-TU 01/21/97-TU 02/18/97-TU NEWS STAND CYCLE# 9704 9708 9712 QUAN NEWS STAND 1550000 1550000 1550000 MAIL START 01/02/97-TH 01/30/97-TH 02/27/97-TH MAIL COMPLETE 01/09/97-TH 02/06/97-TH 03/06/97-TH MAIL QUANTITY 2850000 2850000 2850000 ON SALE DATE 01/14/97-TU 02/11/97-TU 03/11/97-TU BASED ON PAGES AND QUANTITIES AS INDICATED, PLUS UV COATED COVER 4/C, (8 1/8 X 10 7/8) PERFECT BOUND, 600M NEWS STAND BOOKS POLYBAG WITH CLEAR POLY, ALL SUBS INKJET ADDRESS AND INLINE POLYBAG WITH PRINTED POLY ** FEBRUARY ISSUE WILL POLY 200M N/S WITH A DISC AND 900M SUBS WITH A DISC. FLAT UNTRIMMED FOR DOMESTIC NEWSSTAND VERT. AND HORIZ. PERFING NEEDED, 75# HI BULK PAPER 11. SALES BFULLER CSR JMLUEDT
PLAYBOY. COM, INC. By Name: Robert Campbell Title:Treasurer Agreed and Accepted As of the Date First Written Above BANK OF AMERICA, N.A. as Agent By David A Johanson Its Vice President ACKNOWLEDGMENT STATE OF Illinois ) ) SS COUNTY OF Cook ) I, Sue Ann Dickey, a Notary Public in and for and residing in said County and State, DO HEREBY CERTIFY THAT Robert Campbell, of Playboy.com, Inc., personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered said instrument as their own free and voluntary act and as the free and voluntary act of the corporations set forth on the signature page of the foregoing instrument for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 5th day of May 2006. Sue Ann Dickey Notary Public My Commission Expires: September 2, 2007 ACKNOWLEDGMENT STATE OF Illinois ) ) SS COUNTY OF Cook ) I, Maria Paggao, a Notary Public in and for and residing in said County and State, DO HEREBY CERTIFY THAT David A. Johanson of Bank of America, N.A., personally known to me to be the same person whose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged that ___he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said __________ for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 1st day of May 2006. Maria Paggao Notary Public My Commission Expires: