Common use of Returns of Inventory Clause in Contracts

Returns of Inventory. No Borrower shall return any Inventory to a supplier, vendor or other Person, whether for cash, credit or otherwise, unless (a) such return is in the Ordinary Course of Business; (b) no Default, Event of Default or Overadvance exists or would result therefrom; and (c) Agent is promptly notified if the aggregate Value of all Inventory returned in any month exceeds $7,500,000; and (d) any payment received by a Borrower in excess of the aggregate amount of $7,500,000 in any month for a return is promptly remitted to Agent for application to the Obligations.

Appears in 3 contracts

Samples: Loan Agreement (Conns Inc), Loan Agreement (Conns Inc), Loan and Security Agreement (Conns Inc)

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Returns of Inventory. No Borrower shall return any Inventory to a supplier, vendor or other Person, whether for cash, credit or otherwise, unless (a) such return is in the Ordinary Course of Business; (b) no Default, Event of Default or Overadvance exists or would result therefrom; and (c) Agent is promptly notified if the aggregate Value of all Inventory returned in any month exceeds $7,500,0002,500,000; and (d) any payment received by a Borrower in excess of the aggregate amount of $7,500,000 2,500,000 in any month for a return is promptly remitted to Agent for application to the Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (Conns Inc), Loan and Security Agreement (Conns Inc)

Returns of Inventory. No Borrower shall return any Inventory to a supplier, vendor or other Person, whether for cash, credit or otherwise, unless (a) such return is in the Ordinary Course of Business; (b) no Default, Event of Default or Overadvance exists or would result therefrom; and (c) Agent is promptly notified if the aggregate Value of all Inventory returned in any month exceeds $7,500,0005,000,000; and (d) any payment received by a Borrower in excess of the aggregate amount of $7,500,000 5,000,000 in any month for a return is promptly remitted to Agent for application to the Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (Conns Inc), Loan and Security Agreement (Conns Inc)

Returns of Inventory. No Borrower shall return any Inventory to a supplier, vendor or other Person, whether for cash, credit or otherwise, unless (a) such return is in the Ordinary Course of Business; (b) no Default, Event of Default or Overadvance exists or would result therefrom; and (c) Agent is promptly notified if the aggregate Value of all Inventory returned in any month exceeds $7,500,00010,000,000 (net of any purchase of Inventory from such supplier, vendor or other Person contemporaneously with such return); and (d) during any Sweep Trigger Period, any payment received by a Borrower in excess of the aggregate amount of $7,500,000 in any month for a return is promptly remitted to Agent for application to the Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (DXP Enterprises Inc), Loan and Security Agreement (DXP Enterprises Inc)

Returns of Inventory. No Borrower shall return any Inventory to a supplier, vendor or other Person, whether for cash, credit or otherwise, unless (a) such return is in the Ordinary Course of BusinessBusiness (including the right of customers to return inventory which is defective or non-conforming); (b) no Default, Event of Default or Overadvance exists or would result therefrom; and (c) Agent is promptly notified if the aggregate Value of all Inventory returned in any month exceeds $7,500,000250,000; and (d) any payment received by a Borrower in excess of the aggregate amount of $7,500,000 in any month for a return is promptly remitted to Agent for application to the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (AGY Holding Corp.)

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Returns of Inventory. No Borrower or Subsidiary thereof shall return any Inventory to a supplier, vendor or other Person, whether for cash, credit or otherwise, unless (a) such return is in the Ordinary Course of Business; (b) no Default, Event of Default or Overadvance exists or would result therefrom; and (c) Agent is promptly notified if the aggregate Value of all Inventory returned in any month exceeds $7,500,000500,000; and (d) any payment received by a such Borrower in excess of the aggregate amount of $7,500,000 in any month or Subsidiary for a return is promptly remitted to Agent for application to the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Steinway Musical Instruments Inc)

Returns of Inventory. No Borrower shall return any Inventory to a supplier, vendor or other Person, whether for cash, credit or otherwise, unless (a) such return is in the Ordinary Course of Business; (b) no Default, Event of Default or Overadvance exists or would result therefrom; and (c) Agent is promptly notified if the aggregate Value of all Inventory returned in any month exceeds $7,500,0002,500,000; and (d) any payment received by a Borrower in excess of the aggregate amount of $7,500,000 2,500,000 in any month for a return is promptly remitted to Agent for application to the ObligationsObligations (unless such amount has been remitted to ABL Agent for payment of amounts owning under the ABL Loan Documents in accordance with the Intercreditor Agreement).

Appears in 1 contract

Samples: Loan and Security Agreement (Conns Inc)

Returns of Inventory. No Borrower shall return any Inventory to a supplier, vendor or other Person, whether for cash, credit or otherwise, unless (a) such return is in the Ordinary Course of Business; (b) no Default, Event of Default or Overadvance exists or would result therefrom; and (c) the Agent is promptly notified if the aggregate Value value of all Inventory returned in any month exceeds $7,500,00015,000,000 in the aggregate for all Borrowers; and (d) during any Cash Dominion Event, any payment received by a Borrower in excess of the aggregate amount of $7,500,000 in any month for a return is promptly remitted to the Agent for application to the Obligations.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (Edgen Group Inc.)

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