. As to each item of Inventory (other than Inventory having a de minimis Value relative to the aggregate Value of all Eligible Inventory at any time) that is identified by any Borrower, any Canadian Guarantor or Dutch Guarantor, as applicable, as Eligible Inventory or Eligible In-Transit Inventory in a Borrowing Base Certificate submitted to Agent, such Inventory is # of good and merchantable quality, free from known defects, and # to the extent that any officer of any Loan Party has knowledge or reasonably should have had knowledge, not excluded as ineligible by virtue of one or more of the excluding criteria (other

Eligible Accounts and Inventory. Promptly upon becoming aware thereof, notify Administrative Agent if any Account or Inventory identified by a Borrower to Administrative Agent as an Eligible Account or Eligible Inventory becomes ineligible for any reason.

Agreement Regarding Eligible In-Transit Inventory. To the extent that any In-Transit Inventory included in the Canadian Borrowing Base, the Domestic Revolving Borrowing Base or the Term Loan Borrowing Base at any time prior to the First Amendment Effective Date did not strictly comply with the definition of Eligible In-Transit Inventory as such definition was in effect during any such period prior the First Amendment Effective Date, the Agent and the Lenders party hereto hereby # waive such strict compliance solely for the period prior to the First Amendment Effective Date and # confirm that by virtue of this Amendment there is no Default or Event of Default as a result of such In Transit Inventory not strictly complying with the definition of Eligible In Transit Inventory prior to the First Amendment Effective Date.

Inventory. If termination occurs at any time after Regulatory Approval of the Licensed Product, then for a period of […​…] after the effective date of the expiration or earlier termination of this Agreement (other than termination by [[Agenus:Organization]] pursuant to Section 12.2(a) or Section 12.2(c)) (the “Sell-Off Period”), [[Organization A:Organization]] will have the right to sell or otherwise dispose of all existing Licensed Products in its possession and to complete the manufacture of and sell all Licensed Products in the course of manufacture as of the effective date of such expiration or termination. [[Organization A:Organization]] shall ensure that all sales of Licensed Products during the Sell-Off Period are in accordance with the applicable terms and conditions of this Agreement, including the Royalty and reporting obligations under Article 9.

Inventory. Promptly after Imprimis’ reasonable request from time to time, EyePoint shall disclose to Imprimis the current inventory of Product held by EyePoint’s distributors. EyePoint shall use Commercially Reasonable Efforts to ensure that its distributors maintain inventory of Product sufficient to meet anticipated customer demand for Product.

Inventory. In the event that this Agreement is terminated in its entirety, [[Aravive:Organization]] shall have the right, but not the obligation, to purchase any and all of the inventory of Licensed Products held by [[3D Medicines:Organization]] or its Affiliates as of the date of termination, at a price equal to the transfer price paid by [[3D Medicines:Organization]] to [[Aravive:Organization]] for such inventory. Notwithstanding the foregoing, if this Agreement is terminated by [[3D Medicines:Organization]] pursuant to [Sections 13.4 or 13.5]5], upon [[3D Medicines:Organization]]’ request, at its sole discretion, [[Aravive:Organization]] shall re-purchase any and/or all of its inventory of the Licensed Products, at a price equal to the transfer price paid by [[3D Medicines:Organization]] to [[Aravive:Organization]] (if supplied by [[Aravive:Organization]]) or [[3D Medicines:Organization]]’ manufacturing cost (if manufactured by [[3D Medicines:Organization]] or its subcontractor) therefor. [[3D Medicines:Organization]] shall also have the right to continue to be permitted to sell such inventory for up to at least ​ after the effective date of termination of this Agreement.

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

Inventory. [[Cytokinetics:Organization]] shall have the right (but not the obligation) to ​ the inventory of the Product held by Ji Xing or its Affiliates or sublicensees as of the date of termination at a price equal to ​.

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 in all material respects with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations and orders thereunder.

Inventory. Each Borrower shall keep accurate and complete records of its Inventory. Borrower shall take all steps to assure that all Inventory is produced in accordance with Applicable Law, including the FLSA.