Examples of In-Transit Inventory in a sentence
As of each date reported by any Borrower, all Inventory which such Borrower has then reported to Agent as then being Eligible Inventory or Eligible In-Transit Inventory comply in all respects with the criteria for eligibility set forth in the definition of “Eligible Inventory” or “Eligible In-Transit Inventory”, as applicable.
Agent alone shall be authorized to determine whether any Accounts or Inventory constitute Eligible Accounts, Eligible In-Transit Inventory or Eligible Inventory, or whether to impose or release any reserve, or whether any conditions to funding or to issuance of a Letter of Credit have been satisfied, which determinations and judgments, if exercised in good faith, shall exonerate Agent from liability to any Lender or other Person for any error in judgment.
For the avoidance of doubt, Non-Ventev In-Transit Inventory shall not be included in the Estimated Inventory Value but shall be included as Purchased Assets and Inventory herein from and after receipt thereof by Buyer.
If such Non-Ventev In-Transit Inventory is received after the final reconciliation of the Closing Statement, Buyer shall pay the purchase price thereof within sixty (60) days of its receipt of such Inventory.
Buyer shall notify Sellers promptly following Buyer becoming aware of any discrepancy between any Non-Ventev In-Transit Inventory actually received by Buyer and the applicable purchase order or contract requirements with respect to such Non-Ventev In-Transit Inventory.