Removal of Consigned Inventory; Inspection Sample Clauses

Removal of Consigned Inventory; Inspection. Except in connection with delivery of Consigned Inventory to a customer following receipt by Sub of all amounts due from such customer in respect thereof (or until such Consigned Inventory is acquired and paid for by Sub pursuant to Section 2.2(c)(ii) hereof), Sub shall not remove, and shall not permit any third party to remove, any item of the Consigned Inventory from any Permitted Location without MCM's prior written consent. At reasonable times and upon reasonable notice from MCM, Sub shall allow MCM or its representatives access to and the right to inspect the Consigned Inventory, together with any and all records or reports in connection therewith, including, without limitation, computer files and related software. Notwithstanding the foregoing, Sub shall be entitled to remove items of Consigned Inventory, without prior notice to or consent from MCM, to and from any of the Permitted Locations, provided, and on the condition, that Sub shall provide MCM with a report listing the location of each item of Consigned Inventory concurrently with the monthly reconciliation statement delivered to MCM pursuant to Section 2.2(c)(i). Upon at least thirty (30) days' prior written notice to MCM, Sub shall have the right to remove the Consigned Inventory or a part thereof to a location other than a Permitted Location; provided, however, that, Sub shall have provided MCM with such documentation and other information as MCM may request, in its sole discretion, to amend or file any UCC consignment filings of Sub, ARI, MCM or any other party in respect of the Consigned Inventory and to provide appropriate notice to the secured creditors of Sub and/or ARI, as the case may be.
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Related to Removal of Consigned Inventory; Inspection

  • Inventory To the extent Inventory held for sale or lease has been produced by any Borrower, it has been and will be produced by such Borrower in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations and orders thereunder.

  • Location of Equipment and Inventory All Equipment and Inventory are (i) located at the locations indicated on Schedule 4 (ii) in transit to such locations or (iii) in transit to a third party purchaser which will become obligated on a Receivable to the Debtor upon receipt. Except for Equipment and Inventory referred to in clauses (ii) and (iii) of the preceding sentence, the Debtor has exclusive possession and control of the Inventory and Equipment.

  • Returned Inventory If an Account Debtor has an authorized return and returns any Inventory covered by such return to such Grantor when no Event of Default exists, then such Grantor shall promptly determine the reason for such return and shall issue a credit memorandum to the Account Debtor in the appropriate amount. Such Grantor shall deliver a monthly report to the Administrative Agent setting forth all such returns involving an amount in excess of $10,000,000. Each such report shall indicate the reasons for the returns and the locations and condition of the returned Inventory. In the event any Account Debtor returns Inventory to such Grantor when an Event of Default exists, such Grantor, upon the request of the Administrative Agent, shall: (i) hold the returned Inventory in trust for the Administrative Agent; (ii) dispose of the returned Inventory solely according to the Administrative Agent’s written instructions; and (iii) not issue any credits or allowances with respect thereto in an amount exceeding $500,000 in the aggregate during any Fiscal Month without the Administrative Agent’s prior written consent. All returned Inventory shall be subject to the Administrative Agent’s Liens thereon. Whenever any Inventory is returned, the related Account shall be deemed ineligible to the extent of the amount owing by the Account Debtor with respect to such returned Inventory and such returned Inventory shall not be Eligible Inventory unless such Inventory constitutes Third Party Logistics Goods.

  • Accounts and Inventory Each Account or item of Inventory which Borrower shall, expressly or by implication, request Lender to classify as an Eligible Account or as Eligible Inventory, respectively, shall, as of the time when such request is made, conform in all respects to the requirements of such classification as set forth in the respective definitions of "Eligible Account" and "

  • Inventory and Equipment On the date hereof, the Inventory and the Equipment (other than mobile goods) are kept at the locations listed on Schedule 5.

  • Equipment and Inventory With respect to any Equipment and/or Inventory of an Obligor, each such Obligor has exclusive possession and control of such Equipment and Inventory of such Obligor except for (i) Equipment leased by such Obligor as a lessee or (ii) Equipment or Inventory in transit with common carriers. No Inventory of an Obligor is held by a Person other than an Obligor pursuant to consignment, sale or return, sale on approval or similar arrangement.

  • Location of Inventory and Equipment The Inventory and Equipment are not stored with a bailee, warehouseman, or similar party (without Foothill's prior written consent) and are located only at the locations identified on Schedule 6.12 or otherwise permitted by Section 6.12.

  • As to Equipment and Inventory The Grantor hereby agrees that it shall

  • Merchantable Inventory All Inventory is in all material respects of good and marketable quality, free from all material defects.

  • Inventory and Equipment with Bailees Store the Inventory or Equipment of Parent, Borrowers or their respective Subsidiaries at any time now or hereafter with a bailee, warehouseman, or similar party.

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