Account Agreements and Guidelines. Such Transferor shall cause the Account Originators to comply with and perform its obligations under the applicable Account Agreements relating to the Accounts and the Account Guidelines except insofar as any failure so to comply or perform would not materially and adversely affect the rights of the Trust or the Investor Certificateholders hereunder or under the Certificates. Subject to compliance with all Requirements of Law the failure to comply with which would have a material adverse effect on the Investor Certificateholders, an Account Originator may change the terms and provisions of its Account Agreements or its Account Guidelines in any respect (including, without limitation, the calculation of the amount, or the timing, of Charge-Offs) as follows: (a) if such Account Originator owns a comparable segment of accounts then such change shall be made applicable to such comparable segment of the accounts owned and serviced by it that have characteristics the same as, or substantially similar to, the Accounts that are the subject of such change, and (b) if such Account Originator does not own such a comparable segment, then it will not make any such change with the intent to materially benefit itself, or any Transferor over the Investor Certificateholders.
Appears in 3 contracts
Samples: Master Pooling and Servicing Agreement (American Express Centurion Bank), Master Pooling and Servicing Agreement (American Express Credit Account Master Trust), Master Pooling and Servicing Agreement (American Express Centurion Bank)
Account Agreements and Guidelines. Such Transferor The Seller shall cause the Account Originators to comply with and perform its obligations under the applicable Account Agreements relating to the Accounts and the Account Guidelines except insofar as any failure so to comply or perform would not materially and adversely affect the rights of the Trust or the Investor Certificateholders hereunder or under the CertificatesPooling and Servicing Agreement. Subject to compliance with all Requirements of Law the failure to comply with which would have a material adverse effect on the Investor Certificateholders, an Account Originator the Seller may change the terms and provisions of its the Account Agreements Agreement or its the Account Guidelines in any respect (including, without limitation, the calculation of the amount, or the timing, of Chargecharge-Offsoffs) as follows: :
(a) if such Account Originator the Seller owns a comparable segment of accounts accounts, then such change shall be is made applicable to such comparable segment of the accounts owned and serviced by it that have which has characteristics the same as, or substantially similar to, the Accounts that which are the subject of such change, change and (b) if such Account Originator it does not own such a comparable segment, then it the Seller will not make any such change with the intent to materially benefit itself, the Seller or any Transferor RFC over the Investor Certificateholders.
Appears in 1 contract
Samples: Receivable Purchase Agreement (American Express Centurion Bank)