Communications With Cardholders Sample Clauses

Communications With Cardholders. (a) NMG Inserts. NMG and its Affiliates shall have the exclusive right to communicate with Cardholders, except for any message required by Applicable Law, through use of inserts, fillers and bangtails (which shall be included on all billing envelopes) (collectively, “Inserts”), including Inserts selectively targeted for particular segments of Cardholders, in any and all Billing Statements (including electronic Billing Statements) and envelopes, subject to production requirements contained in the Operating Procedures and Applicable Law. Except as otherwise provided in the Marketing Plan, and except for Inserts required by Applicable Law (which shall be paid for by Bank), the NMG Companies shall be responsible for the content of, and the cost of preparing and printing, any such Inserts. If the insertion of Inserts in particular Billing Statements would increase the postage costs for such Billing Statements, the NMG Companies agree to either pay for the incremental postage cost or prioritize the use of Inserts to avoid postage cost over-runs. The NMG Companies shall retain all revenues they receive from all Inserts (other than any Inserts promoting the NMG Credit Cards or Approved Ancillary Products that the NMG Companies may permit to be produced and distributed in accordance with the Marketing Plan). Subject to NMG’s prior written approval, which shall not be unreasonably withheld, Bank may communicate with Cardholders in the Inserts about the Program as necessary for Bank to comply with its obligations under this Agreement.
Sample 1Sample 2
AutoNDA by SimpleDocs
Communications With Cardholders. From and after the date of this Agreement and until the Closing, except as otherwise expressly contemplated by the Program Agreement, the Purchaser and its Affiliates shall not communicate with the Cardholders (whether by mail, by telephone or otherwise) other than Cardholders who are customers of Purchaser or its Affiliates prior to the Closing without the prior written consent of the Sellers.
Sample 1Sample 2
Communications With Cardholders. (a) Pier 1 Inserts. Pier 1 and its Affiliates shall have the priority with respect to communicating with Cardholders, except for any message required by Applicable Law, through use of inserts, fillers, and similar mechanisms (which shall be included on all billing envelopes) (collectively, “Inserts”), including Inserts selectively targeted for particular segments of Cardholders, in any and all Billing Statements (including electronic Billing Statements) and envelopes, subject to production requirements contained in the Operating Procedures and Applicable Law. Except as otherwise provided in the Marketing Plan, and except for Inserts required by Applicable Law (which shall be paid for by Bank), Pier 1 shall be responsible for the content of, and the cost of preparing and printing, any such Inserts. If the insertion of Inserts in particular Billing Statements would increase the postage costs for such Billing Statements, Pier 1 agrees to either pay for the incremental postage cost or prioritize the use of Inserts to avoid postage cost over-runs. Pier 1 shall retain all revenues they receive from all Inserts (other than any Inserts promoting Pier 1 Credit Cards or Approved Ancillary Products that Pier 1 may permit to be produced and distributed in accordance with the Marketing Plan). Subject to Pier 1’s review, Bank may communicate with Cardholders in the Inserts about the Program as necessary for Bank to comply with its obligations under this Agreement.
Sample 1
Communications With Cardholders. Not later than sixty (60) days after the initial re-designation of the Designated Agreements in accordance with the terms of Section 6.5 of this Agreement, the Company or its designee shall have notified Cardholders of the transactions contemplated by this Agreement by sending them a joint communication from the Seller and the Company. Such communication shall be at the Company's expense. Such communication shall be in a form consented to by both parties prior to mailing, but neither party shall unreasonably withhold consent. The parties agree that such communication shall include a telephone number so that Cardholders may contact the Company or its designee and will notify Cardholders that they will not be permitted to use drafts (including, without limitation, cash advance checks and balance transfer forms or checks) previously sent them by the Seller. The Seller will honor such drafts for such period of time specified by the Company, which shall not be more than one hundred eighty (180) days after such re-designation and the Company shall promptly reimburse the Seller for each such draft honored by it.
Sample 1
Communications With Cardholders. (a) Dillard's Inserts. Dillard's shall have the exclusive right to communicate with Cardholders, except for any message required by Applicable Law or communications approved by the Marketing Committee, through use of inserts, fillers and bangtails (collectively, "Inserts"), including Inserts selectively targeted for particular classes of Cardholders, in any and all Billing Statements, subject to such production requirements as contained in the Operating Procedures and Applicable Law. Dillard's shall be responsible for the content of, and the cost of preparing and printing, any Inserts not required by Applicable Law or approved by the Marketing Committee. All Inserts shall conform to Bank's customary production standards and requirements, including size and weight requirements. If the insertion of Inserts in particular Billing Statements would increase the postage costs for such Billing Statement, Dillard's agrees to either pay for the incremental postage cost or prioritize the use of Inserts to avoid postage cost over-runs. Notwithstanding the foregoing, (i) any message required by Applicable Law, and (ii) collection messages letters for Cardholders who are 60 days or more delinquent shall take precedence over any Dillard's Inserts.
Sample 1
Communications With Cardholders. Except as otherwise expressly contemplated by the Credit Card Program Agreement, the Purchaser and its Affiliates shall not communicate with the Cardholders in their capacity as such (whether by mail, telephone or otherwise) without the prior written consent of the Company Entities.
Sample 1
Communications With Cardholders. Notwithstanding any provision in the Program Agreement or the Merchant Agreement or any other agreement between Sears and JPMC (other than Section 4.1 of the Licensing Agreement (but excluding the last sentence of such Section 4.1)): (i) The Parties will mutually agree on all communications sent to the Cardholders notifying them of the termination of the Program. Neither Party will unreasonably withhold, condition or delay approval of any of the foregoing communications. Prior to the Termination Date JPMC shall send to all Cardholders and Financial Product Customers a notice, which shall be mutually agreed between the Parties, stating, among other things, that the Program has been terminated. JPMC shall cease marketing the Program upon the Termination Date. (ii) After the Termination Date, Sears will not communicate with Cardholders about the Accounts, the Sears Credit Cards or the Program (it being understood that communications solely regarding termination of the Program (to the extent consistent, in scope and content, with the message mutually agreed to by the Parties in clause (i) of this Section 1(d)) or any loyalty program or value proposition offered by Sears and its Affiliates shall not be deemed to be communications regarding the Accounts, the Sears Credit Cards or the Program). Notwithstanding anything to the contrary, after the Termination Date, Sears may communicate with any Sears Customers or potential Sears Customers (who may happen to also be Cardholders), so long as such customers or potential customers were not identified and targeted through the Cardholder Information (including the Cardholder List) or any information derived therefrom and are not referred to as Cardholders or former Cardholders. (iii) Without limiting JPMC’s rights under any JPMC Agreement, if Sears has not entered into a New Program Agreement on or before March 31, 2015 (the “RFP Deadline”), JPMC will have the right, without the requirement to have any prior approval from Sears (except for any approval required under Section 1(d)(i) in respect of any communications notifying the Cardholders of the termination of the Program, provided that no such approval will be required for any communications which are consistent, in scope and content, with the message mutually agreed to by the Parties in clause (i) of this Section 1(d)), to communicate with the Cardholders any time after the Termination Date under Program Agreement (A) if required by applicable Law, (B) in connection...
Sample 1
AutoNDA by SimpleDocs
Communications With Cardholders 
Sample 1Sample 2Sample 3See All (14)

Related to Communications With Cardholders

  • Communications with Shareholders Any notices, reports, statements, or communications with Shareholders of any kind required under this Declaration, including any such communications with Shareholders or their counsel or other representatives required under Section 9.8 hereof, or otherwise made by the Trust or its agents on behalf of the Trust shall be governed by the provisions pertaining thereto in the Bylaws.

  • Communications with Accountants Each of the Borrowers authorizes the Administrative Agent and, if accompanied by the Administrative Agent, the Lenders to communicate directly with the Accountants and authorizes the Accountants to disclose to the Administrative Agent and the Lenders any and all financial statements and other supporting financial documents and schedules including copies of any management letter with respect to the business, financial condition and other affairs of such Borrower or any of its Subsidiaries. At the request of the Administrative Agent, such Borrower shall deliver a letter addressed to the Accountants instructing them to comply with the provisions of this §8.9.2.

  • Transactions with Insiders So long as the Notes are outstanding without a majority of the Subscribers consent, the Company shall not, and shall cause each of its Subsidiaries not to, enter into, materially amend, materially modify or materially supplement, or permit any Subsidiary to enter into, materially amend, materially modify or materially supplement, any agreement, transaction, commitment, or arrangement relating to the sale, transfer or assignment of any of the Company’s tangible or intangible assets with any of its Insiders (as defined below)(or any persons who were Insiders at any time during the previous two (2) years), or any Affiliates (as defined below) thereof, or with any individual related by blood, marriage, or adoption to any such individual. “Affiliate” for purposes of this Section 9(t) means, with respect to any person or entity, another person or entity that, directly or indirectly, (i) has a ten percent (10%) or more equity interest in that person or entity, (ii) has ten percent (10%) or more common ownership with that person or entity, (iii) controls that person or entity, or (iv) shares common control with that person or entity. “Control” or “Controls” for purposes of the Transaction Documents means that a person or entity has the power, direct or indirect, to conduct or govern the policies of another person or entity. For purposes hereof, “Insiders” shall mean any officer, director or manager of the Company, including but not limited to the Company’s president, chief executive officer, chief financial officer and chief operations officer, and any of their affiliates or family members.

  • Communications with Rating Agencies The parties hereto (other than the Seller and its Affiliates but excluding the Issuing Entity) agree that any notices or requests to, or any other written communications with, any of the Rating Agencies, or any of their respective officers, directors or employees, to be given or provided to such Rating Agencies pursuant to, in connection with or related, directly or indirectly, to the Basic Documents, the Collateral or the Notes, shall be in each case either (i) furnished to the Seller who shall forward such communication to the Rating Agencies pursuant to Section 10.18 of the Sale and Servicing Agreement; or (ii) furnished directly to the Rating Agencies with a prior copy to the Seller. In either case, the parties hereto (other than the Seller and its Affiliates but excluding the Issuing Entity) further agree to provide such notices, requests and communications or copies thereof, as applicable, to the Seller at least one Business Day prior to the date when such notices, requests and communications are required to be delivered (or are in fact delivered, whichever is earlier) to the Rating Agencies pursuant to the Basic Documents. So long as any Notes are Outstanding, each party hereto (other than the Seller and its Affiliates but excluding the Issuing Entity) agrees that neither it nor any party on its behalf shall engage in any oral communications with respect to the transactions contemplated hereby, under the Basic Documents or in any way relating to the Notes with any Rating Agency or any of their respective officers, directors or employees, without the participation of the Seller.

  • Preservation Of Information; Communications With Securityholders (a) The Trustee shall preserve, in as current a form as is reasonably practicable, all information as to the names and addresses of the holders of Securities contained in the most recent list furnished to it as provided in Section 5.01 and as to the names and addresses of holders of Securities received by the Trustee in its capacity as Security Registrar (if acting in such capacity). (b) The Trustee may destroy any list furnished to it as provided in Section 5.01 upon receipt of a new list so furnished. (c) Securityholders may communicate as provided in Section 312(b) of the Trust Indenture Act with other Securityholders with respect to their rights under this Indenture or under the Securities, and, in connection with any such communications, the Trustee shall satisfy its obligations under Section 312(b) of the Trust Indenture Act in accordance with the provisions of Section 312(b) of the Trust Indenture Act.

  • Transactions with Interested Persons Unless prohibited by the charter ------------------------------------ documents of any Member and unless entered into in bad faith, no contract or transaction between the Company and one or more of its Managers or Members, or between the Company and any other corporation, partnership, association or other organization in which one or more of its Managers or Members have a financial interest or are directors, partners, Managers or officers, shall be voidable solely for this reason or solely because such Manager or Member was present or participated in the authorization of such contract or transaction if: (a) the material facts as to the relationship or interest of such Manager or Member and as to the contract or transaction were disclosed or known to the other Managers (if any) or Members and the contract or transaction was authorized by the disinterested Managers (if any) or Members; or (b) the contract or transaction was fair to the Company as of the time it was authorized, approved or ratified by the disinterested Managers (if any) or Members; and no Manager or Member interested in such contract or transaction, because of such interest, shall be considered to be in breach of this Agreement or liable to the Company, any Manager or Member, or any other person or organization for any loss or expense incurred by reason of such contract or transaction or shall be accountable for any gain or profit realized from such contract or transaction.

  • Transactions with Certain Persons Except as set forth on Schedule --------------------------------- 5.22, no officer, director or employee of the Company, nor any member of any such person's immediate family, is presently a party to any transaction with the Company, including without limitation, any contract, agreement or other arrangement(1) providing for the furnishing of services by, (2) providing for the rental of real or personal property from, or (3) otherwise requiring payments to (other than for services as officers, directors or employees of the Company ) any such person or corporation, partnership, trust or other entity in which any such person has an interest as a shareholder, officer, director, trustee or partner.

  • Relations with Governments 26 5.29 Disclosure......................................................26 5.30

  • Communications with Regulatory Authorities During the Collaboration Term, Xencor shall provide MorphoSys with reasonable advance notice of any meeting or substantive telephone conference with any Regulatory Authority relating to any Licensed Antibody and/or Licensed Product. MorphoSys shall have the right to attend and observe (but not participate actively in) any material meeting or material conference call with any Regulatory Authority regarding any of MorphoSys (or its Affiliate’s or Sublicensee’s) Licensed Antibody and/or Licensed Products. In addition, Xencor shall promptly furnish to MorphoSys copies of all correspondence that Xencor (or its Affiliate) receives from, or submits to, any Regulatory Authority (including contact reports concerning conversations or substantive meetings) relating to any Licensed Antibody and/or Licensed Product. Xencor shall also provide to MorphoSys any meeting minutes that reflect material communications with any Regulatory Authority regarding a Licensed Antibody and/or Licensed Product. Subject to the provisions of Section 2.2(c)(ii), MorphoSys shall provide in its MorphoSys Annual Development Reports to Xencor, and through JDC discussion, information regarding its (or its Affiliate’s or, to the extent permitted by the Sublicense, Sublicensee’s) interactions with Regulatory Authorities with respect to all Licensed Antibodies and/or Licensed Products in its respective Territory. In addition, to the extent permitted by law and subject to Section 3.6, Xencor may participate in communications and meetings with any Regulatory Authority to the extent the name and/or then-current Xencor logo is used on the drug product label and such labeling is being discussed in such communication or meeting. Notwithstanding MorphoSys’ obligations under this Article 3, MorphoSys shall not be required to share with Xencor any information which MorphoSys is not permitted to share with Xencor under the applicable laws or regulations of the Securities & Exchange Commission or other regulatory body of the US or elsewhere.

  • Communications with Obligors; Grantors Remain Liable (a) The Administrative Agent in its own name or in the name of others may at any time after the occurrence and during the continuance of an Event of Default communicate with obligors under the Receivables to verify with them to the Administrative Agent’s satisfaction the existence, amount and terms of any Receivables. (b) Upon the request of the Administrative Agent, at any time after the occurrence and during the continuance of an Event of Default, each Grantor shall notify obligors on the Receivables that the Receivables have been assigned to the Administrative Agent for the ratable benefit of the Secured Parties and that payments in respect thereof shall be made directly to the Administrative Agent. (c) Anything herein to the contrary notwithstanding, each Grantor shall remain liable under each of the Receivables to observe and perform all the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise thereto. Neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any Receivable (or any agreement giving rise thereto) by reason of or arising out of this Agreement or the receipt by the Administrative Agent or any Lender of any payment relating thereto, nor shall the Administrative Agent nor any other Secured Party be obligated in any manner to perform any of the obligations of any Grantor under or pursuant to any Receivable (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by it or as to the sufficiency of any performance by any party thereunder, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!