Amscan definition
Examples of Amscan in a sentence
Each Stockholder listed on Exhibit D hereof, so long as it shall own at least the number of Shares set forth on such Exhibit, shall be entitled to receive from the Company, upon request, unaudited consolidated monthly financial statements, and at any time Amscan Holdings, Inc.
Amscan shall provide Factory Card with a certificate of insurance as evidence of commercial general liability insurance for coverage equal to * or greater.
Indebtedness (i) secured by liens referenced on UCC-1 filings listed on Schedule 6.02 and (ii) in connection with the following Capital Leases outstanding as of the Closing Date: Amscan, Inc.
Factory Card shall (i) maintain the current insurance coverages as previously provided to Amscan (or comparable replacement coverages) during the Term, (ii) name Amscan as an additional loss payee to the extent of the full replacement cost of everyday Party Goods consigned to Factory Card during the Term and (iii) upon request of Amscan, provide appropriate certificates or other evidence of such loss insurance.
Notwithstanding the foregoing, Amscan shall not be deemed to have failed to maintain * Stock Rate (i) if Amscan has maintained * fill rate against invoices submitted by Factory Card or (ii) where the failure to maintain the Stock Rate is the result of any errors, omissions or delays in ordering by Factory Card in connection with its management of the replenishment process.
Factory Card additionally authorizes the filing of continuation statements so long as this Agreement remains in effect by Amscan without Factory Card’s signature or additional consent.
From and after the Conversion Date, Amscan will maintain an inventory level of everyday Party Goods in the Warehouse so that, on an average daily basis each week, the quotient obtained by dividing (i) the aggregate number of skus or designs included in the everyday Party Goods line that are not out of stock in the Warehouse by (ii) the aggregate number of skus or designs included in the everyday Party Goods line that are required for display in Factory Card’s stores at such time (the “Stock Rate”) is *.
The license granted hereunder shall not constitute an abandonment of, and/or transfer of any ownership right in, any Amscan Proprietary ▇▇▇▇ for any reason.
Commencing on the Conversion Date, all everyday Party Goods supplied by Amscan on or after such date shall be shipped by Amscan at its own cost and transit risk, to the Warehouse as consigned inventory.
Amscan agrees that, upon the reasonable written request of Factory Card, it will at its own cost and transit risk, promptly remove from the Warehouse any everyday Party Goods that Factory Card, in its sole discretion, determines will not be shipped to any of its stores.