Merchandise Inventory. All of the following inventory located on the premises of the Business (the “Merchandise Inventory”): (a) all saleable prescription pharmaceutical inventory except: (i) inventory that is damaged, has expired or will expire within ninety (90) days following the Time of Transfer; (ii) non-wholesaler re-packed or misbranded pharmaceutical merchandise; (iii) compounding chemicals; and (iv) any other inventory not transferable due to any applicable local, state or federal law; and (b) all over-the-counter inventory reasonably acceptable to the Buyer.
Merchandise Inventory. Merchandise Inventory (other than cigarettes) will be valued at seventy percent (70%) of Company’s retail price of each item, and cigarettes will be valued at Company’s actual cost.
Merchandise Inventory. LE shall maintain an adequate stock of Merchandise in the LE Shops consistent with past practices and such Merchandise shall be substantially the same in terms of category, variety, assortments, sizes, and price points, as has traditionally been sold in the LE Shops prior to the Effective Date. Any failure by LE to adequately stock and deliver Merchandise shall be deemed a material breach of this Agreement. SRC reserves the right to sell other products in the LE Shop space if LE fails to adequately stock Merchandise (LE will not be entitled to any reduction of its obligations or remuneration with respect thereto). LE shall be responsible for Merchandise damages/returns and shipping expenses to and from the LE Shops. In addition, LE shall create and maintain Merchandise style records on the SRC systems. These style records will include price, SKU and bar code information so as to enable SRC to accomplish matching, preparation and data exchange to LE of receipts, transfers and sales history. Subject to Section 8.7, the Parties will continue to use the same data interchange and other information technology systems that were used prior to the Effective Date. The cost of any additions or modifications to data interchange and other information technology systems that are necessary as a result of the spin-off will be LE’s sole responsibility and charged to LE.
Merchandise Inventory. (i) The Purchase Price shall be increased in an amount equal to the Merchandise Inventory Value as calculated in accordance with this Section 2.7.
Merchandise Inventory. Merchandise Inventory (other than beer, wine, Food Services Items (as hereinafter defined) and cigarettes) will be priced at seventy percent (70%) of Seller’s retail price of each item and Food Service Items and cigarettes will be priced at Seller’s cost. Beer, wine and other alcoholic beverages will be priced at eighty percent (80%) of Seller’s retail price. The term “Food Service Items” shall mean any food or beverage item prepared for human consumption and served for consumption either on or off the Location. The term “Food Service Items” shall exclude any food or beverage wholly packaged off the premises except (a) sandwiches, or (b) beverages in unsealed containers.
Merchandise Inventory. All of the following inventory and supplies located on the premises of the Business at the Time of Transfer (the “Merchandise Inventory”): (a) all saleable prescription pharmaceutical inventory except: (i) inventory that is damaged, has expired or will expire within ninety (90) days following the Time of Transfer (as hereinafter defined); (ii) non-wholesaler re-packed or misbranded pharmaceutical merchandise; (iii) for each Business location, any prescription drug that has had no sales in the year prior to the Time of Transfer that is not accepted by the Buyer in the Buyer’s reasonable discretion; (iv) any other inventory not transferable due to any applicable local, state or federal law (the items in parts (i) through (iv) above are hereinafter referred to as the “Excluded Rx Inventory”); and (v) inventory set aside for Will Call Prescriptions (as hereinafter defined in paragraph 1.4); and (b) all other saleable merchandise.
Merchandise Inventory. Shall include all prescription merchandise and front store merchandise (the “Merchandise Inventory”) set forth in Schedule A (the “Inventory Instructions”). The purchase price for the prescription merchandise shall be determined by the cost factors listed in the Inventory Instructions not to exceed a maximum of $350,000.00. The purchase price for the front store merchandise shall be determined by the cost factors listed in the Inventory Instructions not to exceed a maximum of $80,000.00.
Merchandise Inventory. Inventory (other than (a) Lubricants not for sale at a retail location and (b) Petroleum Inventory) held by any Borrower for retail sale in the Ordinary Course of Business. Mid Pac: as defined in the introductory paragraph hereto. Moody’s: Xxxxx’x Investors Service, Inc., and its successors. Multiemployer Plan: any employee benefit plan of the type described in Section 4001(a)(3) of ERISA, to which an Obligor or ERISA Affiliate makes or is obligated to make contributions, or during the preceding five plan years, has made or been obligated to make contributions. Net Proceeds: with respect to an Asset Disposition, proceeds (including, when received, any deferred or escrowed payments) received by a Borrower or Restricted Subsidiary in cash from such disposition, net of (a) reasonable and customary costs and expenses actually incurred in connection therewith, including legal fees and sales commissions; (b) amounts applied to repayment of Debt secured by a Permitted Lien senior to Administrative Agent’s Liens on Collateral sold; (c) transfer or similar taxes; and (d) reserves for indemnities, until such reserves are no longer needed. XXXX Xxxxxxxxxx: the net orderly liquidation value of Merchandise Inventory or Lubricants, as applicable, expressed as a percentage of cost, expected to be realized at an orderly, negotiated sale held within a reasonable period of time, net of all liquidation expenses, as determined from the most recent appraisal of the Borrowers’ Merchandise Inventory or Lubricants, as applicable, performed by an appraiser and on terms satisfactory to the Administrative Agent. Non-Consenting Lender: any Lender that does not approve any consent, waiver or amendment that (i) requires the approval of each Lender or each affected Lender, in each case, in accordance with the terms of Section 15.1 and (ii) has been approved by the Required Lenders (or, in the case of any consent, waiver or amendment that requires the approval of each Lender or each affected Lender, by all Lenders or all affected Lenders).
Merchandise Inventory. (a) The purchase price of the Merchandise Inventory (the “Merchandise Inventory Price”) shall be an amount equal to seventy percent (70%) of the retail value of the Merchandise Inventory; provided the amounts charged by Seller must comply with the requirements of Section 5.1.
