Common use of Cardholder Agreements and Cardholder Guidelines Clause in Contracts

Cardholder Agreements and Cardholder Guidelines. RPA Seller shall ----------------------------------------------- comply with and perform its obligations under the Cardholder Agreements relating to the Accounts and the Cardholder Guidelines, except insofar as any failure to so comply or conform would not materially and adversely affect the rights of the Receivables Trust, the Receivables Trustee and Securityholders under the Transaction Documents. In that regard, except as aforesaid, and so long as such changes are made applicable to the comparable segments of those MasterCard and VISA accounts owned and serviced by RPA Seller which have characteristics the same as, or substantially similar to, the Accounts pursuant to which the Receivables were created (if any), RPA Seller shall be free to change the terms and provisions of such Cardholder Agreements or the Cardholder Guidelines in any respect (including the calculation of the amount, the timing, of charge-offs). RPA Seller shall provide to each Rating Agency written notice of any such change that (1) lowers the periodic finance charge rate used to calculate Finance Charges on any Account or changes the minimum monthly payment applicable to any Account; (2) changes any periodic finance charge rate used to calculate Finance Charges on any Account from a floating rate to a fixed rate or from a fixed rate to a floating rate; (3) reduces any Cardholder Fees, Cash Advance Fees or other fees applicable to any Account or (4) changes the calculation of the amount, or the timing, of charge offs.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Spiegel Inc), Receivables Purchase Agreement (First Consumers Master Trust)

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Cardholder Agreements and Cardholder Guidelines. RPA Seller shall agrees to ----------------------------------------------- comply with and perform its obligations under the Cardholder Agreements relating to the Accounts and the Cardholder Guidelines, except insofar as any failure so to so comply or conform would not materially and adversely affect the rights of the Receivables Trust, Issuer the Receivables Trustee and Securityholders Noteholders under the Transaction Documents. In that regard, except as aforesaid, and so long as such changes are made applicable to the comparable segments of those MasterCard and VISA accounts owned and serviced by RPA Seller the Servicer which have characteristics the same as, or substantially similar to, the Accounts pursuant to which the Receivables were created are subject hereto (if any), RPA Seller shall be free to change the terms and provisions of such Cardholder Agreements or the Cardholder Guidelines in any respect (including including, without limitation, the calculation of the amount, or the timing, of charge-charge offs). RPA Seller FCNB shall provide to each Rating Agency written notice of any such change that (1i) lowers the periodic finance charge rate used to calculate Finance Charges on any Account or changes the minimum monthly payment applicable to any Account; (2) changes any periodic finance charge rate used to calculate Finance Charges on any Account from a floating rate to a fixed rate or from a fixed rate to a floating rate; (3) reduces any Cardholder Fees, Cash Advance Fees or other fees applicable to any Account or (4) changes the calculation of the amount, or the timing, of charge offs.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Spiegel Inc), Transfer and Servicing Agreement (First Consumers Master Trust)

Cardholder Agreements and Cardholder Guidelines. RPA Seller shall agrees to ----------------------------------------------- comply with and perform its obligations under the Cardholder Agreements relating to the Accounts and the Cardholder Guidelines, except insofar as any failure so to so comply or conform would not materially and adversely affect the rights of the Receivables Trust, Issuer or the Receivables Trustee and Securityholders Noteholders or under the Transaction Documents. In that regard, except as aforesaid, and so long as such changes are made applicable to the comparable segments entire portfolio of those MasterCard and VISA accounts owned and serviced by RPA Seller the Servicer which have characteristics the same as, or substantially similar to, the Accounts pursuant to which the Receivables were created are subject hereto (if any), RPA Seller shall be free to change the terms and provisions of such Cardholder Agreements or the Cardholder Guidelines in any respect (including including, without limitation, the calculation of the amount, or the timing, of charge-charge offs). RPA Seller FCNB shall provide to each Rating Agency written notice of any such change that (1i) lowers the periodic finance charge rate used to calculate Finance Charges on any Account or changes the minimum monthly payment applicable to any Account; (2) changes any periodic finance charge rate used to calculate Finance Charges on any Account from a floating rate to a fixed rate or from a fixed rate to a floating rate; (3) reduces any Cardholder Fees, Cash Advance Fees or other fees applicable to any Account or (4) changes the calculation of the amount, or the timing, of charge offs.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (First Consumers Master Trust)

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Cardholder Agreements and Cardholder Guidelines. RPA Seller shall agrees to ----------------------------------------------- comply with and perform its obligations under the Cardholder Agreements relating to the Accounts and the Cardholder Guidelines, except insofar as any failure so to so comply or conform would not materially and adversely affect the rights of the Receivables Trust, Issuer or the Receivables Trustee and Securityholders Noteholders or under the Transaction Documents. In that regard, except as aforesaid, and so long as such changes are made applicable to the comparable segments of those MasterCard and VISA accounts owned and serviced by RPA Seller the Servicer which have characteristics the same as, or substantially similar to, the Accounts pursuant to which the Receivables were created are subject hereto (if any), RPA Seller shall be free to change the terms and provisions of such Cardholder Agreements or the Cardholder Guidelines in any respect (including including, without limitation, the calculation of the amount, or the timing, of charge-charge offs). RPA Seller FCNB shall provide to each Rating Agency written notice of any such change that (1i) lowers the periodic finance charge rate used to calculate Finance Charges on any Account or changes the minimum monthly payment applicable to any Account; (2) changes any periodic finance charge rate used to calculate Finance Charges on any Account from a floating rate to a fixed rate or from a fixed rate to a floating rate; (3) reduces any Cardholder Fees, Cash Advance Fees or other fees applicable to any Account or (4) changes the calculation of the amount, or the timing, of charge offs.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (First Consumers Master Trust)

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