Common use of Purchase and Sale Commitments Clause in Contracts

Purchase and Sale Commitments. No outstanding purchase commitments by the Company are in excess of the normal, ordinary and usual requirements of the Company, and the aggregate of the contract prices to which the Company has agreed in any outstanding purchase commitments is not so excessive when compared with current market prices for the relevant commodities or services that a material loss is likely to result. No outstanding sales commitment by the Company obligates the Company to sell any product or service at a price which, because of currently prevailing and projected costs of materials or labor, is likely to result, when all such sales commitments are taken in the aggregate, in a material loss to the Company taken as a whole. There are no material suppliers to the Company of significant goods or services with respect to which practical alternative sources of supply, or comparable products, are not available on comparable terms and conditions.

Appears in 3 contracts

Samples: Share Purchase Agreement (Thermo Bioanalysis Corp /De), Share Purchase Agreement (Thermospectra Corp), Share Purchase Agreement (Thermo Bioanalysis Corp /De)

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Purchase and Sale Commitments. No outstanding purchase commitments by any of the Company Companies are in excess of the normal, ordinary and usual requirements of the such Company, and the aggregate of the contract prices to which the Company has Companies have agreed in any outstanding purchase commitments is not so excessive when compared with current market prices for the relevant commodities or services that a material loss is likely to result. No outstanding sales commitment by any of the Company Companies obligates the such Company to sell any product or service at a price which, because of currently prevailing and projected costs of materials or labor, is likely to result, when all such sales commitments are taken in the aggregate, in a material loss to the Company Companies taken as a whole. There are no material suppliers to any of the Company Companies of significant goods or services with respect to which practical alternative sources of supply, or comparable products, are not available on comparable terms and conditions.

Appears in 3 contracts

Samples: Asset and Share Purchase Agreement (Thermoquest Corp \De\), Share Purchase Agreement (Thermo Bioanalysis Corp /De), Share Purchase Agreement (Thermo Optek Corp)

Purchase and Sale Commitments. No outstanding purchase commitments by the Company Companies are in excess of the normal, ordinary and usual requirements of the CompanyCompanies, and the aggregate of the contract prices to which the Company has Companies have agreed in any outstanding purchase commitments is not so excessive when compared with current market prices for the relevant commodities or services that a material loss is likely to result. No outstanding sales commitment by the either Company obligates the Company Companies to sell any product or service at a price which, because of currently prevailing and projected costs of materials or labor, is likely to result, when all such sales commitments are taken in the aggregate, in a material loss to the Company Companies taken as a whole. There are no material suppliers to the Company Companies of significant goods or services with respect to which practical alternative sources of supply, or comparable products, are not available on comparable terms and conditions.

Appears in 1 contract

Samples: Share Purchase Agreement (Thermo Optek Corp)

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Purchase and Sale Commitments. No outstanding purchase commitments by any of the Company Companies are in excess of the normal, ordinary and usual requirements of the such Company, and the aggregate of the contract prices to which the Company has Companies have agreed in any outstanding purchase commitments is not so excessive when compared with current market prices for the relevant commodities or services that a material loss is likely to result. No outstanding sales commitment by any of the Company Companies obligates the such Company to sell any product or service at a price which, because of currently prevailing and projected costs of materials or labor, is likely to result, when all such sales commitments are taken in the aggregate, in a material loss 8PAGE to the Company Companies taken as a whole. There are no material suppliers to any of the Company Companies of significant goods or services with respect to which practical alternative sources of supply, or comparable products, are not available on comparable terms and conditions.

Appears in 1 contract

Samples: Share Purchase Agreement (Thermo Bioanalysis Corp /De)

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