Common use of Upstream Payment Clause in Contracts

Upstream Payment. a Distribution by a Subsidiary of a Borrower to such Borrower. Value: (a) for Inventory, its value determined on the basis of the lower of cost or market, calculated on a first-in, first-out basis, and excluding any portion of cost attributable to intercompany profit among Borrowers and their Affiliates; and (b) for an Account, its face amount, net of any returns, rebates, discounts (calculated on the shortest terms), credits, allowances or Taxes (including sales, excise or other taxes) that have been or could be claimed by the Account Debtor or any other Person.

Appears in 3 contracts

Sources: Loan and Security Agreement (LIVE VENTURES Inc), Loan and Security Agreement (Cooper Tire & Rubber Co), Loan and Security Agreement (Cooper Tire & Rubber Co)

Upstream Payment. a Distribution by a Subsidiary of a Borrower to such Borrower. Value: (a) for Inventory, its value determined on the basis of the lower of cost or market, calculated on a first-in, first-out basis, and excluding any portion of cost attributable to intercompany profit among Borrowers and their Affiliates; and (b) for an Account, its face amount, net of any returns, rebates, discounts (calculated on the shortest terms), credits, allowances or Taxes (including sales, excise or other taxes) that have been or could be claimed by the Account Debtor or any other Person. WFF: ▇▇▇▇▇ Fargo Foothill, LLC, a Delaware limited liability company.

Appears in 2 contracts

Sources: Loan and Security Agreement (Clearwater Paper Corp), Loan and Security Agreement (Potlatch Forest Products CORP)

Upstream Payment. a Distribution by a Subsidiary of a Borrower to such Borrower. Value: (a) for Inventory, its value determined on the basis of the lower of cost or market, calculated on a first-in, first-out basis, and excluding any portion of cost attributable to intercompany profit among Borrowers Borrower and their its Affiliates; and (b) for an Account, its face amount, net of any returns, rebates, discounts (calculated on the shortest terms), credits, allowances or Taxes (including sales, excise or other taxes) that have been or could be claimed by the Account Debtor or any other Person.. LOAN AND SECURITY AGREEMENT -

Appears in 1 contract

Sources: Loan and Security Agreement (Lapolla Industries Inc)

Upstream Payment. a Distribution by a Subsidiary of a Borrower to such Borrower. Value: (a) for Inventory, its value determined on the basis of the lower of cost or market, calculated on a first-in, first-out basis, and excluding any portion of cost attributable to intercompany profit among Borrowers Borrower and their Affiliates; and (b) for an Account, its face amount, net of any returns, rebates, discounts (calculated on the shortest terms), credits, allowances or Taxes (including sales, excise or other taxes) that have been or could be claimed by the Account Debtor or any other Person.

Appears in 1 contract

Sources: Loan and Security Agreement (Sport Chalet Inc)