Closed Stores definition
Examples of Closed Stores in a sentence
The Exhibits to the Forbearance Agreement are hereby amended by (i) deleting Exhibit C to the Forbearance Agreement (Continuing Stores) and substituting in lieu thereof Exhibit C to this Amendment, and (ii) adding a new Exhibit D to the Forbearance Agreement (Closed Stores (Wave III)) in the form of Exhibit D to this Amendment.
Merchant shall be responsible for the transfer of all Merchandise from the Warehouse and the Closed Stores to the Closing Locations.
For the sake of clarity, Agent shall not acquire any rights or obligations with respect to the Closed Stores, or the FF&E in the Closed Stores, under Sections 14 and 15 of the Agreement by virtue of the provisions of this Amendment.
Agent shall vacate the following Closed Stores no later than 11:59 p.m. on January 31, 2002: 427, 454, 464, 160, 405, 414, 420, 421, 448, 460, 582, 593 and 712; provided, however, Agent shall be entitled to abandon any unsold FF&E in the subject Closed Stores upon vacating same.
The Exhibits to the Forbearance Agreement are hereby amended by (i) deleting Exhibit C to the Forbearance Agreement (Continuing Stores) and substituting in lieu thereof Exhibit C to this Amendment, and (ii) adding a new Exhibit E to the Forbearance Agreement (Closed Stores (Wave IV)) in the form of Exhibit E to this Amendment.
Section 3.1. Section 14 of the Agreement shall be amended to provide that the Closed Stores shall be included among the locations at which Agent shall have been deemed to purchase Merchant's right, title and interest in and to the FF&E located thereat, and all proceeds generated from the sale of such Closed Stores' FF&E shall constitute FF&E Proceeds under the Agreement.
All of Seller’s Gross Commissions from both the Open Stores and the Closed Stores during said period constitute all of Seller’s Gross Commissions earned during said period and all such Commissions derive from bona fide transactions in the ordinary course of the Business.
Merchant and Agent acknowledge and agree that, as of the Closing Date, the Merchandise Count shall be completed as to only a portion of the Closing Locations (each such Closing Location shall be referred to as a "Counted Closing Location"; each Closing Location as to which the Merchandise Count will not be completed as of the Closing Date, plus each of the Closed Stores, shall be referred to as an "Uncounted Closing Location").
Agent shall also clearly mark all Merchandise sold at the Stores during the Sale Term so as t▇ ▇▇stinguish such Merchandise from the Merchandise sold at Merchant's Other GOB Stores and the Closed Stores.
Except as set forth on Schedule 5.12.1, there were no reductions or payouts in respect of either (a) the Seller 2008 Commission Amount, or (b) the amount set forth above in this Section 5.12.1 with respect to the Closed Stores and no reductions or payouts are reasonably anticipated from future Gross Commissions of the Business.