Common use of Assignment of Title in Charged Back Purchases Clause in Contracts

Assignment of Title in Charged Back Purchases. With respect to any amount of a Purchase to be charged back to and to be purchased by Company, Company shall either pay such amount directly to Bank in immediately available funds or Bank will offset such amount as part of the Net Proceeds to be paid to Company, to the extent the balance thereof is sufficient. Upon payment of such amount by Company to Bank, or off-setting, as the case may be, Bank shall assign and transfer to Company, without recourse, all of Bank's right, title and interest in and to such Purchase and will deliver all documentation (or copies) in Bank's possession, including but not limited to, Cardholder correspondence regarding such Purchase. Company further consents to all extensions or compromises given any Cardholder with respect to any such Purchase, and agrees that such shall not affect any liability of Company hereunder or right of Bank to charge back any Purchase as provided in this Agreement; provided, however, that Bank shall not have the right to charge back for any Purchase the amount of any reductions, or compromises of amounts owed by a Cardholder to Bank. Company shall not resubmit or re-transmit any charged back Purchases to Bank, without Bank's prior written consent.

Appears in 8 contracts

Samples: Program Agreement (Alliance Data Systems Corp), Program Agreement (Alliance Data Systems Corp), Program Agreement (Alliance Data Systems Corp)

AutoNDA by SimpleDocs

Assignment of Title in Charged Back Purchases. With respect to any amount of a Purchase to be charged back to and to be purchased by CompanyDWR, Company DWR shall either pay such amount directly to Bank in immediately available funds or Bank will offset such amount as part of the Net Proceeds to be paid to CompanyDWR, to the extent the balance thereof is sufficient. Upon payment of such amount by Company DWR to Bank, or off-setting, as the case may be, Bank shall assign and transfer to CompanyDWR, without recourse, all of Bank's ’s right, title and interest in and to such Purchase and will deliver all documentation (or copies) in Bank's possession, including but not limited to, Cardholder correspondence regarding such Purchase’s possession with respect thereto. Company DWR further consents to all extensions or compromises given any Cardholder with respect to any such Purchase, and agrees that such shall not affect any liability of Company DWR hereunder or right of Bank to charge back any Purchase as provided in this Agreement; provided, however, that Bank shall not have the right to charge back for any Purchase the amount of any reductions, or compromises of amounts owed by a Cardholder to Bank. Company DWR shall not resubmit or re-transmit any charged back Purchases to Bank, without Bank's ’s prior written consent.

Appears in 1 contract

Samples: Private Label Credit Card Program Agreement (Design Within Reach Inc)

Assignment of Title in Charged Back Purchases. With respect to any amount of a Purchase to be charged back to and to be purchased by Company, Company shall either pay such amount directly to Bank in immediately available funds or Bank will offset such amount as part of the Net Proceeds to be paid to Company, to the extent the balance thereof is sufficient. Upon payment of such amount by Company to Bank, or off-setting, as the case may be, Bank shall assign and transfer to Company, without recourse, all of Bank's ’s right, title and interest in and to such Purchase and will deliver all documentation (or copies) in Bank's ’s possession, including but not limited to, Cardholder correspondence regarding such Purchase. Company further consents to all extensions or compromises given any Cardholder with respect to any such Purchase, and agrees that such shall not affect any liability of Company hereunder or right of Bank to charge back any Purchase as provided in this Agreement; provided, however, that Bank shall not have the right to charge back for any Purchase the amount of any reductions, or compromises of amounts owed by a Cardholder to Bank. Company shall not resubmit or re-transmit any charged back Purchases to Bank, without Bank's ’s prior written consent.

Appears in 1 contract

Samples: Private Label Credit Card Program Agreement (New York & Company, Inc.)

AutoNDA by SimpleDocs

Assignment of Title in Charged Back Purchases. With respect to any amount of a Purchase to be charged back to and to be purchased by CompanyVS, Company VS shall either pay such amount directly to Bank in immediately available funds or Bank will offset such amount as part of the Net Proceeds to be paid to CompanyVS, to the extent the balance thereof is sufficient. Upon payment of such amount by Company VS to Bank, or off-setting, as the case may be, Bank shall assign and transfer to CompanyVS, without recourse, all of Bank's ’s right, title and interest in and to such Purchase and will deliver all documentation (or copies) in Bank's ’s possession, including but not limited to, Cardholder correspondence regarding such Purchase. Company VS further consents to all extensions or compromises given any Cardholder with respect to any such Purchase, and agrees that such shall not affect any liability of Company VS hereunder or right of Bank to charge back any Purchase as provided in this Agreement; provided, however, that Bank shall not have the right to charge back for any Purchase the amount of any reductions, or compromises of amounts owed by a Cardholder to Bank. Company VS shall not resubmit or re-transmit any charged back Purchases to Bank, without Bank's ’s prior written consent.

Appears in 1 contract

Samples: Program Agreement (Bread Financial Holdings, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!