Common use of Property of Others Clause in Contracts

Property of Others. To the Seller's Knowledge no shortage exists in (a) any inventory or finished goods owned by suppliers of the Business and stored upon its premises or otherwise or (b) any other item of personal property owned by another for which the Business is accountable to another. Without limiting the foregoing, all items of personal property for which the Business is accountable under any consignment contract, or otherwise are fully accounted for with no shortages or missing or lost items, are in workable, usable and saleable condition and have suffered no damage or deterioration, normal wear and tear excepted. Should shortages exist at Closing, the Seller shall be responsible for any required compensation or replenishment.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Pantry Inc), Asset Purchase Agreement (Pantry Inc), Asset Purchase Agreement (Pantry Inc)

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Property of Others. To the each Seller's Knowledge Knowledge, no shortage exists in (a) any inventory or finished goods owned by suppliers of the Business and stored upon its premises or otherwise or (b) any other item of personal property owned by another for which the Business is accountable to another. Without limiting the foregoing, all items of personal property for which the Business is accountable under any consignment contract, or otherwise are fully accounted for with no shortages or missing or lost items, are in workable, usable and saleable condition and have suffered no damage or deterioration, normal wear and tear excepted. Should shortages exist at Closing, the appropriate Seller shall be responsible for any required compensation or replenishment.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Pantry Inc), Asset Purchase Agreement (Pantry Inc)

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Property of Others. To the any Seller's Knowledge no shortage exists in (a) any inventory or finished goods owned by suppliers of the Business Company and stored upon its the Company's premises or otherwise or (b) any other item of personal property owned by another for which the Business Company is accountable to another. Without limiting the foregoing, all items of personal property for which the Business Company is accountable under any consignment contract, or otherwise are fully accounted for with no shortages or missing or lost items, are in workable, usable and saleable condition and have suffered no damage or deterioration, normal wear and tear excepted. Should shortages exist at Closing, the Seller Sellers shall be responsible for any required compensation or replenishment.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pantry Inc)

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