Unsaleable Inventory definition

Unsaleable Inventory means inventory that is (a) past its applicable manufacturer’s code date, if any, (b) damaged in a manner so as to be unsaleable, (c) an item for which Purchaser has no economic sales outlet and which cannot be returned to the manufacturer, (d) an item for which there is insufficient sales demand to exhaust such inventory prior to the earlier of [***] prior to its expiration date (or in the case of inventory items for which a manufacturer provides shorter dating, a number of days prior to the expiration date that is reasonable) or the date that is [***] after the Closing Date or (e) items with no sales history in the [***] immediately preceding the Closing Date other than “in and out” promotional items.
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Unsaleable Inventory means damaged inventory; inventory which is out-of-date or which cannot readily be sold in the ordinary course of business within a commercially reasonable period of time after the Transition Completion Date without becoming out-of-date; excess/aged inventory; any inventory which is unsaleable; any inventory of a kind or in a quantity which cannot readily be sold in the ordinary course of business within a commercially reasonable period of time after the Transition Completion Date; and any inventory in less than full pallet quantity. Transferred Merchandise shall not include any Unsaleable Inventory.
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Unsaleable Inventory means product inventory that is (a) past its applicable manufacturer’s code date, if any, (b) damaged in a manner so as to be unsaleable, (c) an item for which Supplier has no economic sales outlet and which cannot be returned to the manufacturer, (d) an item for which there is insufficient sales demand to exhaust such inventory prior to the earlier of thirty (30) days prior to its expiration date or the date that is nine (9) months after October 17, 2016 (except as agreed by Supplier) or (e) items with no sales history in the thirty (30) days immediately preceding October 17, 2016 other than “in and out” promotional items.
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Examples of Unsaleable Inventory in a sentence

  • The costs of disposing of the Unsaleable Inventory (as defined in Exhibit C) will be paid by TFM.

  • Transferred Merchandise shall not include any Unsaleable Inventory.

  • If the aggregate amount in dispute with respect to the value, if any, of all such types of Unsaleable Inventory items is $50,000 or more, then ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP shall resolve such dispute in accordance with GAAP in its best judgment, and the Company's inventory value for purposes of determining Estimated Net Working Capital hereunder shall reflect ▇▇▇▇▇ ▇▇▇▇▇▇▇▇'▇ conclusion with respect thereto, subject to preparation of the Final Closing Balance Sheet.

  • The inventories of Seller (other than Unsaleable Inventory) are saleable in the ordinary course of business.

  • The inventories of each Seller (other than Unsaleable Inventory) are saleable in the Ordinary Course of Business.


More Definitions of Unsaleable Inventory

Unsaleable Inventory means Inventory that is either (1) past its applicable manufacturer’s code date, if any, (2) damaged in a manner so as to be unmerchantable, or (3) an item for which Purchaser has no economic sales outlet and which cannot be returned to the manufacturer.
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