On-Order Merchandise definition

On-Order Merchandise means all new, finished, first-quality goods owned by Merchant and saleable in the ordinary course of business that are on-order or in-transit and reflected on Exhibit 5.2(b).

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On-Order Merchandise means goods ordered before the Effective Date in the ordinary course of business, that both (i) have not been paid for and (ii) have not been received at the Stores, the Distribution Center, any of the Seller's consolidators or the Aisle 3 Stores prior to the Effective Date.

On-Order Merchandise means first-quality, in season goods, ordered by Merchant for sale in the Stores in the ordinary course of business prior to the Sale Commencement Date and listed on Exhibit 5.2(b), but that have not been received at the Stores by the Cutoff Date. The Cost Price for On Order Merchandise received at the Stores on or after Cutoff Date shall be reduced by a number equal to the Cost Price multiplied by the complement of the prevailing discount at the Store on the day on which such On Order Merchandise is received by such Store.

Examples of On-Order Merchandise in a sentence

Distribution Center Merchandise and/or On-Order Merchandise (where applicable) received at a Store prior to the Inventory Date for such Store shall be counted as part of the Inventory Taking or, to the extent sold prior to the Inventory Taking at such location, using Gross Rings.
Following the Sale Commencement Date, Merchant will ship all Distribution Center Merchandise and On-Order Merchandise to the Stores in accordance with the Store allocation set forth on Exhibit 5.1(c) annexed hereto.
On each Wednesday during the Sale Term, commencing on the second Wednesday after the Sale Commencement Date, Agent and Merchant shall cooperate to reconcile Expenses of the Sale, receipts of Distribution Center Merchandise and/or On-Order Merchandise in the Stores, and such other Sale-related items as either party shall reasonably request, in each case for the prior week or partial week (i.e. Sunday through Saturday), all pursuant to procedures agreed upon by Merchant and Agent.
The Initial Guaranty Payment and amount of the Guaranty L/C shall be calculated based upon the estimated aggregate Retail Price of the Merchandise to be included in the Sale, as reflected on the Merchant’s books and records on the last business day immediately preceding the Sale Commencement Date minus the aggregate Retail Price for the On-Order Merchandise.
On each Wednesday during the Sale Term, commencing on the second Wednesday after the Sale Commencement Date, Agent and Merchant shall cooperate to reconcile Expenses of the Sale, receipts of Distribution Center Merchandise and/or On-Order Merchandise in the Closing Stores, and such other Sale-related items as either party shall reasonably request, in each case for the prior week or partial week (i.e. Sunday through Saturday), all pursuant to procedures agreed upon by Merchant and Agent.

More Definitions of On-Order Merchandise

On-Order Merchandise means merchandise currently ordered by Merchant and listed on Exhibit 5.1 but which has not been received in the Stores prior to the Sale Commencement Date but which is received at the Stores within 10 days following the Sale Commencement Date. Following such 10th day, On-Order Merchandise (if applicable) arriving at the Stores shall be valued at the Retail Price applicable to such items, less the prevailing Sale discount at the time of delivery to the Stores. Any increase to the Guaranteed Amount relative to On-Order Merchandise (if applicable) delivered to the Stores following the Inventory Date shall be reconciled by the parties as part of the weekly Sale reconciliation. Nothing herein shall obligate the Merchant to purchase or include On-Order Merchandise in the Sale.

On-Order Merchandise mean items of inventory that were ordered by Merchant in the ordinary course of business as identified by SKU on Exhibit 5.2(b)(i) annexed hereto, which inventory was not received in the Stores or Distribution Centers as of the Sale Commencement Date, but which may be received in the Distribution Centers prior to the DC Receipt Deadline.

On-Order Merchandise mean items of inventory that were ordered by Merchant in the ordinary course of business and earmark for the Stores, which inventory was not received in the Stores as of the Sale Commencement Date, but which may be received in the Store prior to the Store Receipt Deadline.

On-Order Merchandise means first-quality, current in season or next -------------------- season goods (A) to be received at the Stores in the ordinary course from Merchant's vendors on or before November 24, 1997, (B) which are consistent as to type, quality and mix as Merchandise presently located at the Stores, (C) which are ticketed at Merchant's expense and in accordance with Merchant's historic ticketing practices upon delivery to the Stores, (D) having an aggregate Retail Price not in excess of $10,000,000, and (E) all of which is described in Exhibit 5.2(b)(2) attached hereto. ----------------- "Out of Date Merchandise" means Merchandise having an expiration date ----------------------- on or before the Sale Commencement Date and as to which Agent and Merchant mutually agree on its value to define its Retail Price. "Out of Season Merchandise," means all items of Merchandise which (a) ------------------------- relate to holidays falling outside of the Sale Term, including (in each case) items which are packed away for sale on a future date or (b) air conditioners that had not been returned to vendors or Warehouses as of the Inventory Date (the "Air Conditioners"), except Out of Season Merchandise does not include ---------------- Christmas or New Year Merchandise.

On-Order Merchandise means merchandise currently ordered by Merchant and listed on Exhibit 5.1 but which has not been received in the Stores prior to the Sale Commencement Date but which is received at the Stores within 10 days following the Sale Commencement Date (excluding Merchandise at the Distribution Centers). Following such 10th day, On-Order Merchandise (if applicable) arriving at the Stores shall be valued at the Retail Price applicable to such items, less the prevailing Sale discount at the time of delivery to the Stores. Any increase to the Guaranteed Amount relative to On-Order Merchandise (if applicable) delivered to the Stores following the Inventory Date shall be reconciled by the parties as part of the weekly Sale reconciliation. Nothing herein shall obligate the Merchant to purchase or include On-Order Merchandise in the Sale.

On-Order Merchandise means Fall 2000 and Resort/Holiday 2000 goods which have been (a) received by J&D's freight forwarder in Europe or (b) ordered in the ordinary course of the Business and are subject to purchase orders issued by J&D that are listed on Schedule 2.1(b)(iii) hereto, but which in any such case have not been received at any Inventory Location as of the Inventory Date, and which otherwise satisfy the conditions set forth in Section 2.1(b)(iii) hereof.

On-Order Merchandise means first quality in season goods (A) to be received at the Stores in the ordinary course from Merchant's vendors on or before November 15, 1996, (B) which are consistent as to type and quality as Merchandise presently located in the Stores, (C) which are ticketed at Merchant's expense upon delivery to the Merchant's distribution centers or the Stores in a manner consistent with Merchant's historic practices and policies; provided, however, that consistent with such historic practices and policies all or a portion of such Merchandise may not physically display the price of such merchandise, (D) having an aggregate Item Value not in excess of $22,229,405, and (E) all of which is generally described in Exhibit D attached hereto.