Assurance. In the event of a bankruptcy proceeding, Bank and Company do not consent to assumption of this Agreement. Nevertheless, in the event of a bankruptcy proceeding and the determination by the court that this Agreement is assumable under the Bankruptcy Code (11 U.S.C. § 365), as amended from time to time, Merchant must establish or maintain a Reserve Account in an amount satisfactory to Bank. Assumption will be made under terms and conditions that are acceptable to Bank and Company and comply with applicable Laws governing such assumption.
Appears in 7 contracts
Samples: Merchant Processing Agreement, Merchant Processing Agreement, Merchant Processing Agreement
Assurance. In the event of a bankruptcy Bankruptcy proceeding, Bank and Company do does not consent to assumption of this Agreement. Nevertheless, in the event of a bankruptcy proceeding and the determination by the court that this Agreement is assumable under the Bankruptcy Code (11 U.S.C. § 365), as amended from time to time, Merchant must establish or maintain a Reserve Account in an amount satisfactory to BankBank and NMS. Assumption will be made under terms and conditions that are acceptable to Bank and Company NMS and comply with the applicable Laws federal or state laws governing such assumption.
Appears in 5 contracts
Samples: Merchant Processing Agreement, Merchant Processing Agreement, Merchant Processing Agreement
Assurance. In the event of a bankruptcy Bankruptcy proceeding, Bank and Company do does not consent to assumption of this Agreement. Nevertheless, in the event of a bankruptcy proceeding and the determination by the court that this Agreement is assumable under the Bankruptcy Code (11 U.S.C. § 365), as amended from time to time, Merchant must establish or maintain a Reserve Account in an amount satisfactory to Bank. Assumption will be made under terms and conditions that are acceptable to Bank and Company and comply with the applicable Laws federal or state laws governing such assumption.
Appears in 2 contracts
Samples: Merchant Processing Agreement, Merchant Processing Agreement
Assurance. In the event of a bankruptcy proceeding, Bank and Company do not consent to assumption of this Agreement. Nevertheless, in the event of a bankruptcy proceeding and the determination by the court that this Agreement is assumable under the Bankruptcy Code (11 U.S.C. § 365), as amended from time to time, Merchant must establish or maintain a Reserve Account in an amount satisfactory to Bank. Assumption will be made under terms and conditions that are acceptable to Bank and Company a n d C o m p a n y and comply with the applicable Laws federal or state laws governing such assumption.
Appears in 2 contracts
Samples: Merchant Processing Agreement, Merchant Processing Agreement
Assurance. In the event of a bankruptcy proceeding, neither Bank and nor Company do not consent to assumption of this Agreement. Nevertheless, in the event of a bankruptcy proceeding and the determination by the court that this Agreement is assumable under the Bankruptcy Code (11 U.S.C. § 365), as amended from time to time, Merchant must establish or maintain a Reserve Account in an amount satisfactory to BankCompany. Assumption will be made under terms and conditions that are acceptable to Bank and Company and comply with applicable Laws governing such assumption.
Appears in 1 contract
Samples: Merchant Processing Agreement