Capacity; Authority; Validity. The Bank has all necessary corporate power and authority to enter into this Agreement and to perform all of the obligations to be performed by it under this Agreement. This Agreement and the consummation by the Bank of the transactions contemplated hereby have been duly authorized by all necessary corporate action on the part of the Bank, and this Agreement has been duly executed and delivered by the Bank and constitutes the valid and binding obligation of the Bank and is enforceable in accordance with its terms (except as such enforceability may be limited by equitable limitations on the availability of equitable remedies and by bankruptcy and other laws affecting the rights of creditors generally).
Appears in 2 contracts
Samples: Account Origination Agreement (Nextcard Inc), Account Origination Agreement (Nextcard Inc)
Capacity; Authority; Validity. The Bank has all necessary corporate power and authority to enter into this Agreement and to perform all of the obligations to be performed by it under this Agreement. This Agreement and the consummation by the Bank of the transactions contemplated hereby have been duly authorized by all necessary corporate action on the part of the Bank, Bank and this Agreement has been duly executed and delivered by the Bank and constitutes the valid and binding obligation of the Bank and is enforceable in accordance with its terms (except as such enforceability may be limited by equitable limitations on the availability of equitable remedies and by bankruptcy and other laws affecting the rights of creditors generally).
Appears in 2 contracts
Samples: Card Sponsorship and Services Agreement (3pea International, Inc.), Card Sponsorship and Services Agreement (3pea International, Inc.)
Capacity; Authority; Validity. The Bank has all necessary corporate power and authority to enter into this Agreement and to perform all of the obligations to be performed by it under this Agreement. This Agreement and the consummation by the Bank of the transactions contemplated hereby have been duly authorized by all necessary corporate action on the part of the Bank, and this Agreement has been duly executed and delivered by the Bank and constitutes the valid and binding obligation of the Bank and is enforceable in accordance with its terms (except as such enforceability may be limited by equitable limitations on the availability of equitable remedies and by bankruptcy and other laws affecting the rights of creditors generally).
Appears in 2 contracts
Samples: Affinity Card Agreement, Affinity Card Agreement (Compucredit Corp)
