Inventory Financing Sample Clauses

Inventory Financing. Upon the written request of Borrower, Lender agrees to negotiate in good faith with Borrower and a third-party lender, which proposes to provide to Borrower inventory financing with respect to the Product (the "Financing Party"), to enter into an intercreditor agreement on terms reasonably satisfactory to Lender, providing that, effective upon the repayment of all of Borrower's obligations under the Loan Documents with respect to Pre-Approval Advances (i) each of Lender and the Financing Party will have a security interest in the First Year Sales Collateral, (ii) the Financing Party will serve as collateral agent for the First Year Sales Collateral for the benefit of Lender and the Financing Party, and (iii) the obligations of Borrower to the Financing Party shall be subordinate to the prior payment in full of all of Borrower's obligations under the Loan Documents with respect to First Year Sales Advances. ARTICLE IX
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Inventory Financing. Section 13.1 of the Short Term Credit Agreement is further amended by adding subsections (m) and (n) as follows:
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Inventory Financing. Section 2 Inventory Advances of the Addendum to Financing Agreement (Inventory Financing) is hereby amended and modified to provide that, in addition to any other limitations on advances based upon Acceptable Inventory, the dollar limit that outstanding advances based upon Acceptable Inventory cannot exceed shall equal the amount of advances based upon Acceptable Inventory that are outstanding as of the date of this Third Forbearance Agreement, and such dollar limit shall be reduced hereafter by eleven thousand five hundred dollars ($11,500) each week commencing on Monday, November 23, 2009, and on each Monday thereafter until February 15, 2010.
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Inventory Financing. CDF will only be bound to finance Inventory with respect to which CDF has agreed to finance in the exercise of its sole discretion and then only if: (a) ACSI delivers to CDF an invoice, acceptable in form and content to CDF, relating to CDF’s agreement/approval within thirty (30) days after CDF issues its agreement/approval; (b) ACSI ships the Inventory to the respective Dealer not more than ten (10) days before or not more than three (3) days after the date of the invoice/EDI transmission relating to such Inventory; and (c) CDF has not revoked its agreement/acceptance before the shipment of the Inventory to Dealer (prior to funding an approval CDF shall have the right to cancel an approval upon oral or written notice to ACSI at any time prior to shipment). If ACSI fails to satisfy any of the foregoing conditions, CDF shall not be obligated to finance the Inventory, even though CDF may have previously agreed to finance such Inventory. Without limiting the generality of the foregoing, if CDF has not advanced funds with respect to any approval by the date such approval expires, or by such date as CDF and ACSI may have otherwise agreed to, then any invoice relating to such approval shall be deemed not received by CDF and CDF shall have no obligation to finance such invoice. With respect to invoices which satisfy the above conditions CDF shall pay ACSI the amount of the invoice, subject to the terms of the financing program then in effect between ACSI and CDF. CDF may deduct, setoff, withhold and or apply any sums or payments due from Vendor to CDF under this Agreement, any guaranty or due from Vendor to CDF under any other agreement, against any sums due from CDF to Vendor from any advance to be made by CDF against any invoice.
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Related to Inventory Financing

  • Inventory To the extent Inventory held for sale or lease has been produced by any Borrower, it has been and will be produced by such Borrower in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations and orders thereunder.

  • Accounts Receivable; Inventory (a) For each Account with respect to which Advances are requested, on the date each Advance is requested and made, such Account shall be an Eligible Account.

  • Inventory Management Marketer will be responsible for monitoring future ethanol stock levels projected for Owner's plant to facilitate the marketing program established by Marketer.

  • Capital Equipment Collaborator’s commitment, if any, to provide ICD with capital equipment to enable the research and development activities under the Research Plan appears in Appendix B. If Collaborator transfers to ICD the capital equipment or provides funds for ICD to purchase it, then ICD will own the equipment. If Collaborator loans capital equipment to ICD for use during the CRADA, Collaborator will be responsible for paying all costs and fees associated with the transport, installation, maintenance, repair, removal, or disposal of the equipment, and ICD will not be liable for any damage to the equipment.

  • Equipment and Inventory With respect to any Equipment and/or Inventory of an Obligor, each such Obligor has exclusive possession and control of such Equipment and Inventory of such Obligor except for (i) Equipment leased by such Obligor as a lessee or (ii) Equipment or Inventory in transit with common carriers. No Inventory of an Obligor is held by a Person other than an Obligor pursuant to consignment, sale or return, sale on approval or similar arrangement.

  • Accounts Receivable; Inventories The accounts and notes receivable which are reflected on the Final Closing Balance Sheet are good and collectible in the ordinary course of business at the aggregate recorded amounts thereof, less the amount of the allowance for doubtful accounts reflected thereon, and are not subject to offsets. The accounts and notes receivable of the Company which were thereafter added and which will be reflected on the Final Closing Balance Sheet are good and collectible in the ordinary course of business at the aggregate amounts recorded in its books of account, less the amount of the allowance for doubtful accounts reflected thereon (which allowance was established on a basis consistent with prior practice), and are not subject to offsets. The inventories reflected on the Audited and Unaudited Balance Sheets, and thereafter added, as reflected on the Closing Date Balance Sheet, consist of items of a quality and quantity usable or saleable within one year (except as set forth on Schedule 5.7) in the ordinary course of business, except for obsolete materials, slow-moving items, materials of below standard quality and not readily marketable items, all of which have been written down to net realizable value or adequately reserved against on the books and records of the Company. To the extent there is inventory not listed on Schedule 5.7 of a quality and quantity not usable or saleable in the ordinary course of business within one year, in lieu of a claim for indemnification, Buyer shall sell and the Selling Shareholders shall purchase such items of inventory at the value carried on the Final Closing Balance Sheet. All inventories not written off are stated at the lower of cost or market.

  • As to Equipment and Inventory The Grantor hereby agrees that it shall

  • Inventory and Supplies Administrator shall order, purchase and provide to the Group on a timely basis inventory and supplies, and such other ordinary, necessary or appropriate materials which are requested by the Group and which the Group shall reasonably determine to be necessary in the operation of the Practice on the same terms commercially available to Administrator. Such inventory, supplies and other materials shall be included in Practice Expenses at their cost to Parent or Administrator, as the case may be.

  • Accounts and Inventory Each Account or item of Inventory which Borrower shall, expressly or by implication, request Lender to classify as an Eligible Account or as Eligible Inventory, respectively, shall, as of the time when such request is made, conform in all respects to the requirements of such classification as set forth in the respective definitions of "Eligible Account" and "

  • Inventory Records Each Loan Party keeps correct and accurate records itemizing and describing the type, quality, and quantity of its and its Subsidiaries’ Inventory and the book value thereof.

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