Common use of Commercial Matters Clause in Contracts

Commercial Matters. (i) This Agreement was undertaken in the ordinary course of business, not in contemplation of insolvency of the Bank, and with no intent to hinder, delay, or defraud the Bank or its creditors; (ii) this Agreement represents a bona fide and arm's length transaction; (iii) Funding is not an insider or affiliate of the Bank; (iv) this Agreement was entered into in return for adequate consideration; and (v) this Agreement was entered into before the first transfer of Receivables will be effected pursuant to this Agreement.

Appears in 3 contracts

Samples: Account Origination Agreement (Nextcard Inc), Account Origination Agreement (Nextcard Inc), Account Origination Agreement (Nextcard Inc)

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Commercial Matters. (i) This Agreement was undertaken in the ordinary course of business, not in contemplation of insolvency of the Bank, and with no intent to hinder, delay, or defraud the Bank or its creditors; (ii) this Agreement represents a bona fide and arm's length transaction; (iii) Funding is not an insider or affiliate of the Bank; (iv) this Agreement was entered into in return for adequate consideration; and (viv) this Agreement was entered into before the first transfer of Receivables will be effected pursuant to this Agreement.

Appears in 3 contracts

Samples: Account Origination Agreement (Nextcard Inc), Account Origination Agreement (Nextcard Inc), Account Origination Agreement (Nextcard Inc)

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