Common use of ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT Clause in Contracts

ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT. As a condition for providing Card Program services, Merchant may be required to provide additional collateral security for Merchant’s obligations hereunder, which additional collateral security shall be of a kind, and in amounts, satisfactory to Bank in Bank’s sole discretion, and which shall be in addition to all other collateral provided for in Section 14 hereof. Such additional collateral security may include, for example, (a) suspension of all of or any portion of any provisional credit(s) arising or relating to the Merchant Agreement; (b) Merchant funds or property that Bank has possession or control; (c) a letter of credit, if issued in an amount and on terms acceptable to Bank by a letter of credit issuing bank acceptable to Bank, or (d) the pledge to Bank of a certificate of deposit owned by Merchant in amount satisfactory to Bank and provided all agreements (including agreements of third parties) in form and substance satisfactory to Bank and all filings and/or other actions necessary in order to perfect in Bank a continuing first priority security interest therein on terms acceptable to Bank, are entered into, made and/or taken as the case may be. Bank may require that all or any part of the additional collateral be deposited in a Reserve Account, set forth in this Section 13, at any time when: (i) the Merchant Agreement, or the provision of Card Program services hereunder, shall have terminated for any reason or any party hereto shall have given notice of termination thereof, or (ii) there shall have occurred an event which entitles Bank to terminate the Merchant Agreement or the provision of Card Program services hereunder or which, with the giving of notice and/or the passage of time would entitle Bank to terminate the Merchant Agreement or the provision of Card Program services hereunder, and Merchant has not provided alternative additional collateral security of a kind, and in amounts, satisfactory to Bank as set forth above in this Section, or (iii) neither (i) nor (ii) above in this Section is applicable, but Bank has determined that additional collateral security is required, either (a) immediately without demand to Merchant in order to mitigate any risk, loss or damage to Bank, cardholder/consumer or Card Association or (b) Bank has requested that Merchant provide same, and Merchant has failed to provide alternative additional collateral security of a kind, and in amounts satisfactory to Bank as set forth above in this Section. Any additional collateral deposited in the Reserve Account shall be subject to the terms and conditions of Section 14 and all other terms and conditions of the Merchant Agreement relating to the “Reserve Account”. Whenever Bank requires that additional collateral security be deposited in a Reserve Account, the following provisions of this Section 13 shall apply:

ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT. 16.1 As a condition for providing Card Program servicesthe Services, Merchant may be required to provide additional collateral security for Merchant’s 's obligations hereunder, which additional collateral security shall be of a kind, and in amounts, satisfactory to Bank Provider in Bank’s Provider's sole discretion, and which shall be in addition to all other collateral provided for in Section 14 17 hereof. Such additional collateral security may include, for example, (a) suspension of all of or any portion of any provisional credit(s) arising or relating to the Merchant Agreement; (b) Merchant funds or property that Bank has possession or control; (ci) a letter of credit, if issued in an amount and on terms acceptable to Bank Provider by a letter of credit issuing bank acceptable to BankProvider, or (dii) the pledge to Bank Provider of a certificate of deposit owned by Merchant in amount satisfactory to Bank Provider and provided all agreements (including agreements of third parties) in form and substance satisfactory to Bank Provider and all filings and/or other actions necessary in order to perfect in Bank Provider a continuing first priority security interest therein on terms acceptable to BankProvider, are entered into, made and/or taken as the case may be. Bank Provider may require that all or any part of the additional collateral be deposited in take the form of a Reserve AccountAccount (defined below), established as hereinafter set forth in this Section 1316, at any time when: (ia) the Merchant this Agreement, or the provision provisions of Card Program services the Services hereunder, shall have terminated for any reason or any party hereto shall have given notice of termination terminate thereof, or (iib) there shall have occurred an event which entitles Bank Provider to terminate the Merchant this Agreement or the provision of Card Program services the Services hereunder or which, with the giving of notice and/or the passage of time would entitle Bank Provider to terminate the Merchant this Agreement or the provision of Card Program services the Services hereunder, and Merchant Xxxxxxxx has not provided alternative additional collateral security of a kind, and in amounts, satisfactory to Bank Provider as set forth above in this Section, or (iiic) neither (ia) nor (iib) above in this Section is applicable, but Bank Provider has determined that additional collateral security is required, either (a) immediately without demand to Merchant in order to mitigate any risk, loss or damage to Bank, cardholder/consumer or Card Association or (b) Bank has requested that Merchant provide the same, and Merchant Xxxxxxxx has failed to provide alternative additional collateral security of a kind, and in amounts satisfactory to Bank Provider as set forth above in this Section. Any additional collateral deposited in the Reserve Account that is established shall be subject to the terms and conditions of Section 14 17 and all other terms and conditions of the Merchant this Agreement relating to the “Reserve Account”. Whenever Bank Provider requires that additional collateral security be deposited in take the form of a Reserve Account, the following provisions of this Section 13 16 shall apply:

ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT. 16.1 As a condition for providing Card Program servicesthe Services, Merchant may be required to provide additional collateral security for Merchant’s 's obligations hereunder, which additional collateral security shall be of a kind, and in amounts, satisfactory to Bank Provider in Bank’s Provider's sole discretion, and which shall be in addition to all other collateral provided for in Section 14 17 hereof. Such additional collateral security may include, for example, (a) suspension of all of or any portion of any provisional credit(s) arising or relating to the Merchant Agreement; (b) Merchant funds or property that Bank has possession or control; (ci) a letter of credit, if issued in an amount and on terms acceptable to Bank Provider by a letter of credit issuing bank acceptable to BankProvider, or (dii) the pledge to Bank Provider of a certificate of deposit owned by Merchant in amount satisfactory to Bank Provider and provided all agreements (including agreements of third parties) in form and substance satisfactory to Bank Provider and all filings and/or other actions necessary in order to perfect in Bank Provider a continuing first priority security interest therein on terms acceptable to BankProvider, are entered into, made and/or taken as the case may be. Bank Provider may require that all or any part of the additional collateral be deposited in take the form of a Reserve AccountAccount (defined below), established as hereinafter set forth in this Section 1316, at any time when: (ia) the Merchant this Agreement, or the provision provisions of Card Program services the Services hereunder, shall have terminated for any reason or any party hereto shall have given notice of termination terminate thereof, or (iib) there shall have occurred an event which entitles Bank Provider to terminate the Merchant this Agreement or the provision of Card Program services the Services hereunder or which, with the giving of notice and/or the passage of time would entitle Bank Provider to terminate the Merchant this Agreement or the provision of Card Program services the Services hereunder, and Merchant has not provided alternative additional collateral security of a kind, and in amounts, satisfactory to Bank Provider as set forth above in this Section, or (iiic) neither (ia) nor (iib) above in this Section is applicable, but Bank Provider has determined that additional collateral security is required, either (a) immediately without demand to Merchant in order to mitigate any risk, loss or damage to Bank, cardholder/consumer or Card Association or (b) Bank has requested that Merchant provide the same, and Merchant has failed to provide alternative additional collateral security of a kind, and in amounts satisfactory to Bank Provider as set forth above in this Section. Any additional collateral deposited in the Reserve Account that is established shall be subject to the terms and conditions of Section 14 17 and all other terms and conditions of the Merchant this Agreement relating to the “Reserve Account”. Whenever Bank Provider requires that additional collateral security be deposited in take the form of a Reserve Account, the following provisions of this Section 13 16 shall apply:

ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT. As a condition for providing Card Program services, Merchant may be required to provide additional collateral security for Merchant’s obligations hereunder, which additional collateral security shall be of a kind, and in amounts, satisfactory to Bank in Bank’s sole discretion, and which shall be in addition to all other collateral provided for in Section 14 16 hereof. Such additional collateral security may include, for example, (a) suspension of all of or any portion of any provisional credit(s) arising or relating to the Merchant Agreement; (b) Merchant funds or property that Bank has possession or control; (cA) a letter of credit, if issued in an amount and on terms acceptable to Bank by a letter of credit issuing bank acceptable to Bank, or (dB) the pledge to Bank of a certificate of deposit owned by Merchant in amount satisfactory to Bank and provided all agreements (including agreements of third parties) in form and substance satisfactory to Bank and all filings and/or other actions necessary in order to perfect in Bank a continuing first priority security interest therein on terms acceptable to Bank, are entered into, made and/or taken as the case may be. Bank may require that all or any part of the additional collateral be deposited in take the form of a Reserve Account, established as hereinafter set forth in this Section 1315, at any time when: (iwhen:(i) the Merchant Agreement, or the provision provisions of Card Program services hereunder, shall have terminated for any reason or any party hereto shall have given notice of termination thereof, or (ii) there shall have occurred an event which entitles Bank to terminate the Merchant this Agreement or the provision of Card Program services hereunder or which, with the giving of notice and/or the passage of time would entitle Bank to terminate the Merchant this Agreement or the provision of Card Program services hereunder, and Merchant has not provided alternative additional collateral security of a kind, and in amounts, satisfactory to Bank as set forth above in this Section, or (iii) neither (i) nor (ii) above in this Section is applicable, but Bank has determined that additional collateral security is required, either (a) immediately without demand to Merchant in order to mitigate any risk, loss or damage to Bank, cardholder/consumer or Card Association or (b) Bank has requested that Merchant provide same, and Merchant has failed to provide alternative additional collateral security of a kind, and in amounts satisfactory to Bank as set forth above in this Section. Any additional collateral deposited in the Reserve Account that is established shall be subject to the terms and conditions of Section 14 16 and all other terms and conditions of the Merchant this Agreement relating to the “Reserve Account”. Whenever Bank requires that additional collateral security be deposited in take the form of a Reserve Account, the following provisions of this Section 13 15 shall apply:

ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT. As a condition for providing Card Program services, Merchant may be required to provide additional collateral security for Merchant’s obligations hereunder, which additional collateral security shall be of a kind, and in amounts, satisfactory to Bank in Bank’s sole and absolute discretion, and which shall be in addition to all other collateral provided for in Section 14 Paragraph 16 hereof. Such additional collateral security may include, for example, (a) suspension of all of or any portion of any provisional credit(s) arising or relating to the Merchant Agreement; (b) Merchant funds or property that Bank has possession or control; (cA) a letter of credit, if issued in an amount and on terms acceptable to Bank by a letter of credit issuing bank acceptable to Bank, or (dB) the pledge to Bank of a certificate of deposit owned by Merchant in amount satisfactory to Bank and provided all agreements (including agreements of third parties) in form and substance satisfactory to Bank Bank, and all filings and/or other actions necessary in order to perfect in Bank a continuing first priority security interest therein on terms acceptable to Bank, are entered into, made made, and/or taken as the case may be. Bank may require that all or any part of the additional collateral be deposited in take the form of a Reserve Account, established as hereinafter set forth in this Section 13Paragraph 15, at any time when: (i) the Merchant Agreement, or the provision provisions of Card Program services hereunder, shall have terminated for any reason reason, or any party hereto shall have given notice of termination thereof, or (ii) there shall have occurred an event which entitles Bank to terminate the Merchant this Agreement or the provision of Card Program services hereunder or which, with the giving of notice and/or the passage of time would entitle Bank to terminate the Merchant this Agreement or the provision of Card Program services hereunder, and Merchant has not provided alternative additional collateral security of a kind, and in amounts, amounts satisfactory to Bank as set forth above in this SectionParagraph, or (iii) neither (i) nor (ii) above in this Section Paragraph is applicable, but Bank has determined determined, for any reason in its sole and absolute discretion, that additional collateral security is required, either (a) immediately without demand to Merchant in order to mitigate any risk, loss or damage to Bank, cardholder/consumer or Card Association or (b) Bank has requested that Merchant provide same, and Merchant has failed to provide alternative additional collateral security of a kind, and in amounts satisfactory to Bank as set forth above in this SectionParagraph. Any additional collateral deposited in the Reserve Account that is established shall be subject to the terms and conditions of Section 14 Paragraph 16 and all other terms and conditions of the Merchant this Agreement relating to the “Reserve Account”. .” Whenever Bank requires that additional collateral security be deposited in take the form of a Reserve Account, the following provisions of this Section 13 Paragraph 15 shall apply: Reserve Account During Term of Agreement:

ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT. As a condition for providing Card Program services, Merchant may be required to provide additional collateral security for Merchant’s obligations hereunder, which additional collateral security shall be of a kind, and in amounts, satisfactory to Bank in Bank’s sole and absolute discretion, and which shall be in addition to all other collateral provided for in Section 14 Paragraph 16 hereof. Such additional collateral security may include, for example, (a) suspension of all of or any portion of any provisional credit(s) arising or relating to the Merchant Agreement; (b) Merchant funds or property that Bank has possession or control; (cA) a letter of credit, if issued in an amount and on terms acceptable to Bank by a letter of credit issuing bank acceptable to Bank, or (dB) the pledge to Bank of a certificate of deposit owned by Merchant in amount satisfactory to Bank and provided all agreements (including agreements of third parties) in form and substance satisfactory to Bank Bank, and all filings and/or other actions necessary in order to perfect in Bank a continuing first priority security interest therein on terms acceptable to Bank, are entered into, made made, and/or taken as the case may be. Bank may require that all or any part of the additional collateral be deposited in take the form of a Reserve Account, established as hereinafter set forth in this Section 13Paragraph 15, at any time when: (i) the Merchant Agreement, or the provision provisions of Card Program services hereunder, shall have terminated for any reason reason, or any party hereto shall have given notice of termination thereof, or (ii) there shall have occurred an event which entitles Bank to terminate the Merchant this Agreement or the provision of Card Program services hereunder or which, with the giving of notice and/or the passage of time would entitle Bank to terminate the Merchant this Agreement or the provision of Card Program services hereunder, and Merchant has not provided alternative additional collateral security of a kind, and in amounts, amounts satisfactory to Bank as set forth above in this SectionParagraph, or (iii) neither (i) nor (ii) above in this Section Paragraph is applicable, but Bank has determined determined, for any reason in its sole and absolute discretion, that additional collateral security is required, either (a) immediately without demand to Merchant in order to mitigate any risk, loss or damage to Bank, cardholder/consumer or Card Association or (b) Bank has requested that Merchant provide same, and Merchant has failed to provide alternative additional collateral security of a kind, and in amounts satisfactory to Bank as set forth above in this SectionParagraph. Any additional collateral deposited in the Reserve Account that is established shall be subject to the terms and conditions of Section 14 Paragraph 16 and all other terms and conditions of the Merchant this Agreement relating to the “Reserve Account”. .” Whenever Bank requires that additional collateral security be deposited in take the form of a Reserve Account, the following provisions of this Section 13 Paragraph 15 shall apply:: Reserve Account During Term of Agreement

ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT. 16.1 As a condition for providing Card Program servicesthe Services, Merchant may be required to provide additional collateral security for Merchant’s 's obligations hereunder, which additional collateral security shall be of a kind, and in amounts, satisfactory to Bank Provider in Bank’s Provider's sole discretion, and which shall be in addition to all other collateral provided for in Section 14 17 hereof. Such additional collateral security may include, for example, (a) suspension of all of or any portion of any provisional credit(s) arising or relating to the Merchant Agreement; (b) Merchant funds or property that Bank has possession or control; (ci) a letter of credit, if issued in an amount and on terms acceptable to Bank Provider by a letter of credit issuing bank acceptable to BankProvider, or (dii) the pledge to Bank Provider of a certificate of deposit owned by Merchant in amount satisfactory to Bank Provider and provided all agreements (including agreements of third parties) in form and substance satisfactory to Bank Provider and all filings and/or other actions necessary in order to perfect in Bank Provider a continuing first priority security interest therein on terms acceptable to BankProvider, are entered into, made and/or taken as the case may be. Bank Provider may require that all or any part of the additional collateral be deposited in take the form of a Reserve AccountAccount (defined below), established as hereinafter set forth in this Section 1316, at any time when: (ia) the Merchant this Agreement, or the provision provisions of Card Program services the Services hereunder, shall have terminated for any reason or any party hereto shall have given notice of termination terminate thereof, or (iib) there shall have occurred an event which entitles Bank Provider to terminate the Merchant this Agreement or the provision of Card Program services the Services hereunder or which, with the giving of notice and/or the passage of time would entitle Bank Provider to terminate the Merchant this Agreement or the provision of Card Program services the Services hereunder, and Merchant Xxxxxxxx has not provided alternative additional collateral security of a kind, and in amounts, satisfactory to Bank Provider as set forth above in this Section, or (iiic) neither (i) nor (ii) above in this Section is applicable, but Bank has determined that additional collateral security is required, either (a) immediately without demand to Merchant in order to mitigate any risk, loss or damage to Bank, cardholder/consumer or Card Association or (b) Bank has requested that Merchant provide same, and Merchant has failed to provide alternative additional collateral security of a kind, and in amounts satisfactory to Bank as set forth above in this Section. Any additional collateral deposited in the Reserve Account shall be subject to the terms and conditions of Section 14 and all other terms and conditions of the Merchant Agreement relating to the “Reserve Account”. Whenever Bank requires that additional collateral security be deposited in a Reserve Account, the following provisions of this Section 13 shall apply:nor

ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT. As a condition for providing Card Program services, Merchant may be required to provide additional collateral security for Merchant’s obligations hereunder, which additional collateral security shall be of a kind, and in amounts, satisfactory to Bank in Bank’s sole and absolute discretion, and which shall be in addition to all other collateral provided for in Section 14 Paragraph 16 hereof. Such additional collateral security may include, for example, (a) suspension of all of or any portion of any provisional credit(s) arising or relating to the Merchant Agreement; (b) Merchant funds or property that Bank has possession or control; (cA) a letter of credit, if issued in an amount and on terms acceptable to Bank by a letter of credit issuing bank acceptable to Bank, or (dB) the pledge to Bank of a certificate of deposit owned by Merchant in amount satisfactory to Bank and provided all agreements (including agreements of third parties) in form and substance satisfactory to Bank and all Bank, andall filings and/or other and/orother actions necessary in order to perfect in Bank a continuing first priority security interest therein on terms acceptable to Bank, are entered into, made made, and/or taken as the case may be. Bank may require that all or any part of the additional collateral be deposited in take the form of a Reserve Account, established as hereinafter set forth in this Section 13Paragraph 15, at any time when: (i) the Merchant Agreement, or the provision provisions of Card Program services hereunder, shall have terminated for any reason reason, or any party hereto shall have given notice of termination thereof, or (ii) there shall have occurred an event which entitles Bank to terminate the Merchant this Agreement or the provision of Card Program services hereunder or which, with the giving of notice and/or the passage of time would entitle Bank to terminate the Merchant this Agreement or the provision of Card Program services hereunder, and Merchant has not provided alternative additional collateral security of a kind, and in amounts, amounts satisfactory to Bank as set forth above in this SectionParagraph, or (iii) neither (i) nor (ii) above in this Section Paragraph is applicable, but Bank has determined determined, for any reason in its sole and absolute discretion, that additional collateral security is required, either (a) immediately without demand to Merchant in order to mitigate any risk, loss or damage to Bank, cardholder/consumer or Card Association or (b) Bank has requested that Merchant provide same, and Merchant has failed to provide alternative additional collateral security of a kind, and in amounts satisfactory to Bank as set forth above in this SectionParagraph. Any additional collateral deposited in the Reserve Account that is established shall be subject to the terms and conditions of Section 14 Paragraph 16 and all other terms and conditions of the Merchant this Agreement relating to the “Reserve Account”. .” Whenever Bank requires that additional collateral security be deposited in take the form of a Reserve Account, the following provisions of this Section 13 Paragraph 15 shall apply:: Reserve Account During Term of Agreement

ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT. As a condition for providing Card Program services, Merchant may be required to provide additional collateral security for Merchant’s obligations hereunder, which additional collateral security shall be of a kind, and in amounts, satisfactory to Bank in Bank’s sole and absolute discretion, and which shall be in addition to all other collateral othercollateral provided for in Section 14 Paragraph 16 hereof. Such additional collateral security may include, for example, (a) suspension of all of or any portion of any provisional credit(s) arising or relating to the Merchant Agreement; (b) Merchant funds or property that Bank has possession or control; (cA) a letter of credit, if issued in an amount and on terms acceptable to Bank by a letter of credit issuing bank acceptable to Bank, or (dB) the pledge to Bank of a certificate of deposit owned by Merchant in amount satisfactory to Bank and provided all agreements (including agreements of third parties) in form and substance satisfactory to Bank and all Bank, andall filings and/or other and/orother actions necessary in order to perfect in Bank a continuing first priority security interest therein on terms acceptable to Bank, are entered into, made made, and/or taken as the case may be. Bank may require that all or any part of the additional collateral be deposited in take the form of a Reserve Account, established as hereinafter set forth in this Section 13Paragraph 15, at any time when: (i) the Merchant Agreement, or the provision provisions of Card Program services hereunder, shall have terminated for any reason reason, or any party hereto shall have given notice of termination thereof, or (ii) there shall have occurred an event which entitles Bank to terminate the Merchant this Agreement or the provision of Card Program services hereunder or which, with the giving of notice and/or the passage of time would entitle Bank to terminate the Merchant this Agreement or the provision of Card Program services hereunder, and Merchant has not provided alternative additional collateral security of a kind, and in amounts, amounts satisfactory to Bank as set forth above in this SectionParagraph, or (iii) neither (i) nor (ii) above in this Section Paragraph is applicable, but Bank has determined determined, for any reason in its sole and absolute discretion, that additional collateral security is required, either (a) immediately without demand to Merchant in order to mitigate any risk, loss or damage to Bank, cardholder/consumer or Card Association or (b) Bank has requested that Merchant provide same, and Merchant has failed to provide alternative additional collateral security of a kind, and in amounts satisfactory to Bank as set forth above in this SectionParagraph. Any additional collateral deposited in the Reserve Account that is established shall be subject to the terms and conditions of Section 14 Paragraph 16 and all other terms and conditions of the Merchant this Agreement relating to the “Reserve Account”. .” Whenever Bank requires that additional collateral security be deposited in take the form of a Reserve Account, the following provisions of this Section 13 Paragraph 15 shall apply:: Reserve Account During Term of Agreement

ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT. 16.1 As a condition for providing Card Program servicesthe Services, Merchant may be required to provide additional collateral security for Merchant’s 's obligations hereunder, which additional collateral security shall be of a kind, and in amounts, satisfactory to Bank Provider in Bank’s Provider's sole discretion, and which shall be in addition to all other collateral provided for in Section 14 17 hereof. Such additional collateral security may include, for example, (a) suspension of all of or any portion of any provisional credit(s) arising or relating to the Merchant Agreement; (b) Merchant funds or property that Bank has possession or control; (ci) a letter of credit, if issued in an amount and on terms acceptable to Bank Provider by a letter of credit issuing bank acceptable to BankProvider, or (dii) the pledge to Bank Provider of a certificate of deposit owned by Merchant in amount satisfactory to Bank Provider and provided all agreements (including agreements of third parties) in form and substance satisfactory to Bank Provider and all filings and/or other actions necessary in order to perfect in Bank Provider a continuing first priority security interest therein on terms acceptable to BankProvider, are entered into, made and/or taken as the case may be. Bank Provider may require that all or any part of the additional collateral be deposited in take the form of a Reserve AccountAccount (defined below), established as hereinafter set forth in this Section 1316, at any time when: (ia) the Merchant this Agreement, or the provision provisions of Card Program services the Services hereunder, shall have terminated for any reason or any party hereto shall have given notice of termination terminate thereof, or (iib) there shall have occurred an event which entitles Bank Provider to terminate the Merchant this Agreement or the provision of Card Program services the Services hereunder or which, with the giving of notice and/or the passage of time would entitle Bank Provider to terminate the Merchant this Agreement or the provision of Card Program services the Services hereunder, and Merchant Xxxxxxxx has not provided alternative additional collateral security of a kind, and in amounts, satisfactory to Bank Provider as set forth above in this Section, or (iiic) neither (ia) nor (iib) above in this Section is applicable, but Bank Provider has determined that additional collateral security is required, either (a) immediately without demand to Merchant in order to mitigate any risk, loss or damage to Bank, cardholder/consumer or Card Association or (b) Bank has requested that Merchant provide the same, and Merchant Xxxxxxxx has failed to provide alternative additional collateral security of a kindakind, and in amounts satisfactory to Bank Provider as set forth above in this Section. Any additional collateral deposited in the Reserve Account that is established shall be subject to the terms and conditions of Section 14 17 and all other terms and conditions of the Merchant this Agreement relating to the “Reserve Account”. Whenever Bank Provider requires that additional collateral security be deposited in take the form of a Reserve Account, the following provisions of this Section 13 16 shall apply:

ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT. 16.1 As a condition for providing Card Program servicesthe Services, Merchant may be required to provide additional collateral security for Merchant’s 's obligations hereunder, which additional collateral security shall be of a kind, and in amounts, satisfactory to Bank Provider in Bank’s Provider's sole discretion, and which shall be in addition to all other collateral provided for in Section 14 17 hereof. Such additional collateral security may include, for example, (a) suspension of all of or any portion of any provisional credit(s) arising or relating to the Merchant Agreement; (b) Merchant funds or property that Bank has possession or control; (ci) a letter of credit, if issued in an amount and on terms acceptable to Bank Provider by a letter of credit issuing bank acceptable to BankProvider, or (dii) the pledge to Bank Provider of a certificate of deposit owned by Merchant in amount satisfactory to Bank Provider and provided all agreements (including agreements of third parties) in form and substance satisfactory to Bank Provider and all filings and/or other actions necessary in order to perfect in Bank Provider a continuing first priority security interest therein on terms acceptable to BankProvider, are entered into, made and/or taken as the case may be. Bank Provider may require that all or any part of the additional collateral be deposited in take the form of a Reserve AccountAccount (defined below), established as hereinafter set forth in this Section 1316, at any time when: (ia) the Merchant this Agreement, or the provision provisions of Card Program services the Services hereunder, shall have terminated for any reason or any party hereto shall have given notice of termination terminate thereof, or (iib) there shall have occurred an event which entitles Bank Provider to terminate the Merchant this Agreement or the provision of Card Program services the Services hereunder or which, with the giving of notice and/or the passage of time would entitle Bank Provider to terminate the Merchant this Agreement or the provision of Card Program services the Services hereunder, and Merchant has not provided alternative additional collateral security of a kind, and in amounts, satisfactory to Bank Provider as set forth above in this Section, or (iiic) neither (ia) nor (iib) above in this Section is applicable, but Bank Provider has determined that additional collateral security is required, either (a) immediately without demand to Merchant in order to mitigate any risk, loss or damage to Bank, cardholder/consumer or Card Association or (b) Bank has requested that Merchant provide the same, and Merchant has failed to provide alternative additional collateral security of a kindakind, and in amounts satisfactory to Bank Provider as set forth above in this Section. Any additional collateral deposited in the Reserve Account that is established shall be subject to the terms and conditions of Section 14 17 and all other terms and conditions of the Merchant this Agreement relating to the “Reserve Account”. Whenever Bank Provider requires that additional collateral security be deposited in take the form of a Reserve Account, the following provisions of this Section 13 16 shall apply:

ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT. 16.1 As a condition for providing Card Program servicesthe Services, Merchant may be required to provide additional collateral security for Merchant’s 's obligations hereunder, which additional collateral security shall be of a kind, and in amounts, satisfactory to Bank Provider in Bank’s Provider's sole discretion, and which shall be in addition to all other collateral provided for in Section 14 17 hereof. Such additional collateral security may include, for example, (a) suspension of all of or any portion of any provisional credit(s) arising or relating to the Merchant Agreement; (b) Merchant funds or property that Bank has possession or control; (ci) a letter of credit, if issued in an amount and on terms acceptable to Bank Provider by a letter of credit issuing bank acceptable to BankProvider, or (dii) the pledge to Bank Provider of a certificate of deposit owned by Merchant in amount satisfactory to Bank Provider and provided all agreements (including agreements of third parties) in form and substance satisfactory to Bank Provider and all filings and/or other actions necessary in order to perfect in Bank Provider a continuing first priority security interest therein on terms acceptable to BankProvider, are entered into, made and/or taken as the case may be. Bank Provider may require that all or any part of the additional collateral be deposited in take the form of a Reserve AccountAccount (defined below), established as hereinafter set forth in this Section 1316, at any time when: (ia) the Merchant this Agreement, or the provision provisions of Card Program services the Services hereunder, shall have terminated for any reason or any party hereto shall have given notice of termination terminate thereof, or (iib) there shall have occurred an event which entitles Bank Provider to terminate the Merchant this Agreement or the provision of Card Program services the Services hereunder or which, with the giving of notice and/or the passage of time would entitle Bank Provider to terminate the Merchant this Agreement or the provision of Card Program services the Services hereunder, and Merchant has not provided alternative additional collateral security of a kind, and in amounts, satisfactory to Bank Provider as set forth above in this Section, or (iiic) neither (i) nor (ii) above in this Section is applicable, but Bank has determined that additional collateral security is required, either (a) immediately without demand to Merchant in order to mitigate any risk, loss or damage to Bank, cardholder/consumer or Card Association or (b) Bank has requested that Merchant provide same, and Merchant has failed to provide alternative additional collateral security of a kind, and in amounts satisfactory to Bank as set forth above in this Section. Any additional collateral deposited in the Reserve Account shall be subject to the terms and conditions of Section 14 and all other terms and conditions of the Merchant Agreement relating to the “Reserve Account”. Whenever Bank requires that additional collateral security be deposited in a Reserve Account, the following provisions of this Section 13 shall apply:nor