Bank Obligations. The Bank agrees to make the Revolving Loan on the Disbursement Date as set forth in a notice to the Bank from the Borrower conforming to the requirements of Section
2.2.1 by crediting the Borrower's general deposit account with the Bank in the amount of such Revolving Loan, provided, however, that the Bank shall not be so obligated if:
(a) Any of the conditions precedent set forth in Section 4 of this Agreement shall not have been satisfied or waived by the Bank in accordance with Section 9.3 of this Agreement; or
(b) Such proposed Revolving Loan would cause the aggregate unpaid principal amount of the Revolving Loans outstanding under this Agreement to exceed the lesser of (i) the Commitment Amount or (ii) the Borrowing Base on the Disbursement Date.
Bank Obligations. Certificates of deposit (and time deposits represented by such certificates of deposit) of, bankers’ acceptances issued by, or federal funds sold by any depository institution or trust company (including the Titling Trustee or any Affiliate thereof) incorporated under the laws of the United States or any state and subject to supervision and examination by federal and/or state banking authorities, so long as at the time of such investment or contractual commitment providing for such investment either the short-term, unsecured debt obligations of such depository institution or trust company have the highest available credit ratings from any two national rating agencies or the Titling Trustee shall have received a letter from any such rating agencies that then rate any Trust-Related Obligation to the effect that such investment would not result in the qualification, downgrading or withdrawal of any rating then assigned to such Trust-Related Obligation.
Bank Obligations. Bank shall not be obligated to comply with any Pay Request or Return Request received in a format or medium, after a deadline, or at a place not permitted under this Agreement but may instead treat such a Pay Request or Return Request as though it had not been received. Bank is not responsible for detecting any Company error contained in any Check Issue Report or Pay Request or Return Request sent by Company to Bank.
Bank Obligations. Bank shall have no responsibility for any liability, loss or damage resulting from: (i) payment of any Exception Entry that is unauthorized; (ii) the return of any Exception Entry to the Originator in accordance with this section; or (iii) Company’s failure to meet Bank’s established deadlines. Bank’s failure to report a discrepancy will not discharge Company’s obligation with regard to any Entry, and shall not obligate Bank to return any Entry if it is otherwise authorized. Bank shall not be obligated to comply with any Pay Request or Return Request received in a format or medium, after a deadline, or at a place not permitted under this Agreement but may instead treat such a Pay Request or Return Request as though it had not been received. Bank is not responsible for detecting any Company error contained in any Pay Request or Return Request sent by Company to Bank.
Bank Obligations. The Fund can buy time deposits, certificates of deposit and bankers' acceptances. Time deposits, other than overnight deposits, may be subject to withdrawal penalties and, if so, they are deemed "illiquid" investments. The Fund can purchase bank obligations that are fully insured by the Federal Deposit Insurance Corporation. The FDIC insures the deposits of member banks up to $100,000 per account. Insured bank obligations may have a limited market and a particular investment of this type may be deemed "illiquid" unless the Board of Trustees of the Fund determines that a readily-available market exists for that particular obligation, or unless the obligation is payable at principal amount plus accrued interest on demand or within seven days after demand.
Bank Obligations. 5.1 The Bank shall, subject to these terms and conditions:
(a) provide the Digital Identification Service in accordance with the Certificate Policies;
(b) provide the Digital Identification Service with the reasonable skill and care of a competent provider of similar services;
(c) accept the authority of the Customer’s Nominated Representative to nominate Authorised Users;
(d) provide the Helpdesk facility;
(e) e-mail the Authorised User with the contents of their Identity Certificate;
(f) for Smart Card users, supply copies of the Software as required by the Customer but not more than one copy of the Software per Smart Card;
(g) for Smart Card users, supply Hardware as required by the Customer;
(h) for Smart Card users, generate and deliver all required Key Pairs and Certificates in a manner compliant with the requirements of the relevant Certificate Policies;
(i) e-mail the Authorised User regarding Certificate expiry;
(j) verify the signature of the Nominated Representative before fulfilling a request for Smart Cards and PINs for Authorised Users.
5.2 It is technically impracticable to provide a fault free Digital Identification Service and the Bank does not undertake to do so. The Bank will, however, repair any reported faults as soon as it reasonably can.
5.3 Occasionally, the Bank may:
(a) change the technical specification of the Digital Identification Service though the Bank will try to give as much notice as possible of any changes that affect the Customer;
(b) suspend the Digital Identification Service for operational reasons such as repair, maintenance or improvement of the Digital Identification Service or because of an emergency. The Bank will provide as much on-line, written or oral notice as is reasonably possible and will restore the Digital Identification Service as soon as it reasonably can.
5.4 The Bank reserves the right to decline the issue of Certificates.
5.5 The Bank shall not be obliged to provide Helpdesk facility in relation to:
(a) improper use, operation or neglect of Hardware or Software;
(b) use of the Hardware or Software for purposes for which it was not designed;
(c) any repair, alteration or modification of the Hardware of Software by any person other than the Bank or a Bank agent;
(d) any unforeseen impact on the existing applications on your computer system;
(e) any software or hardware supplied by a third party;
Bank Obligations. Subject to Section 7 of this Agreement, the Bank shall, in accordance with the Rules, process, transmit and settle for any Entry. The Bank shall have no obligation to transmit an Entry if the Company fails to comply with the Rules or any terms of this Agreement. The Bank shall rely on any and all information it receives from an Authorized Representative of the Company, as set forth in Attachment 2, and any person the Bank, in good faith, reasonably believes to be acting on behalf of the Company, whether or not such person was authorized by the Company.
Bank Obligations a. Bank agrees to transmit all the financial data under its control required to utilize the Services and to act on appropriate instructions received from Company or anyone using Login Credentials in connection with such Services. Company understands and agrees that the Services may be provided by Bank or its Designated Service Provider.
b. Company understands that Services availability is at all times conditioned upon the corresponding operating and availability of those computer services and Systems used in communicating Company’s instructions and requests to Bank and Bank’s responses to such instructions and requests. Bank shall not be liable or have any responsibility of any kind for any loss or damage thereby incurred or suffered by Company in the event of any failure or interruption of such Services or any part thereof, resulting from the act or omission of any Designated Service Provider, or from any other cause not reasonably within the control of Bank.
c. Bank agrees that it will allow Company to process and transmit information and conduct online transactions as long as Company complies with the terms of the Agreement.
Bank Obligations. In a timely manner and in accordance with the Rules, the Bank will process, transmit, and settle for the Entries received from the Customer which comply with the terms of this Agreement, including the security procedures. The Bank shall have no obligation to transmit Entries if the Customer is in default of any of its obligations under this Agreement, including any obligation to pay the Bank.
Bank Obligations. Subject to the terms and conditions of this Agreement, Bank shall perform the following tasks, and such other tasks as Bank and EFS shall mutually agree:
(a) exercise final decision-making authority with respect to whether Account Documentation, Marketing Materials and Servicing Materials comply with Applicable Law, as further described in Section 6.1(c) (Account Documentation, Marketing Materials and Servicing Materials);
(b) be willing and able to offer the Financial Products to the markets described in the Product Schedules in volumes no less than the greater of (i) the historical volumes set forth in the Product Schedules or (ii) the projected volumes for the current Tax Season as reasonably determined by the Parties; subject, however, in each case to compliance with Bank’s underwriting policies and standards for each Financial Product, and Bank’s overall risk management policies;
(c) subject at all times to its compliance obligations under Applicable Law, fulfill all of Bank’s obligations hereunder in accordance with the Operating Procedures and the applicable Product Schedules;
(d) maintain all appropriate books and records reflecting Accountholder Data with respect to the Program in accordance with the Operating Procedures;
(e) establish the Program Eligibility Policy in accordance with Section 2.11 (Program Eligibility Policy), including establishing credit criteria for the Emerald Advance and Credit Card Product;
(f) review and process Financial Product applications in accordance with the Program Eligibility Policy and this Agreement;
(g) open and administer Accounts in connection with the Financial Products it provides to each Applicant whom Bank has approved for issuance of a Financial Product, including extending credit where applicable on Accounts;
(h) jointly prepare and update the Operating Procedures with EFS pursuant to Section 2.12(a) (Servicing Responsibilities);
(i) supervise, monitor and review the offering of Financial Products at Company Locations as set forth in Section 4.4 (Bank Oversight);
(j) design, establish and maintain a detailed compliance program as set forth in Section 4.5 (Bank Compliance Program);
(k) in its reasonable discretion and in consultation with EFS, develop appropriate training and informational support for Company Location personnel in support of the Program;
(l) jointly review with EFS, and, if approved by Bank, sign, the annual Program Marketing Plan for the marketing and promotion of the Program;
(m) review...
