Common use of Credit and Collection Policy and Contracts Clause in Contracts

Credit and Collection Policy and Contracts. The Seller shall comply with and perform its obligations under the Contracts relating to the Accounts and the Credit and Collection Policy except insofar as any failure so to comply or perform would not materially and adversely affect the rights of the Trust and the beneficiaries thereof. Subject to compliance with all Requirements of Law, the Seller may change the terms and provisions of the Contracts or the Credit and Collection Policy with respect to any of the Accounts in any respect (including the calculation of the amount, or the timing, of charge-offs and the Periodic Finance Charges and other fees to be assessed thereon) only if in the reasonable judgment of the Seller (i) (if it owns a comparable segment of receivables) such change is made applicable to any comparable segment of the consumer revolving credit card accounts owned by the Seller which have characteristics the same as, or substantially similar to, such Accounts or (ii) (if it does not own such a comparable segment of receivables) such change will not be made with the intent to materially benefit the Seller over the Buyer, Metris Receivables, Inc., or the Trust and the beneficiaries thereof or to materially adversely affect the Buyer, Metris Receivables, Inc., or the Trust and the beneficiaries thereof, except as otherwise restricted by an endorsement, sponsorship or other agreement between the Seller and an unrelated third party or by the terms of the Contracts. The Seller further covenants that the Seller will not enter into any amendments to this Agreement that would cause a Ratings Event (as defined in the Pooling and Servicing Agreement) to occur so long as there are Investor Securities outstanding.

Credit and Collection Policy and Contracts. The Seller Each Credit Card Originator shall comply with and perform its obligations under the Contracts relating to the Accounts and the Credit and Collection Policy except insofar as any failure so to comply or perform would not materially and adversely affect the rights of the Trust and or the beneficiaries thereofSecurityholders hereunder or under the Securities. Subject to compliance with all Requirements of Law, the Seller a Credit Card Originator may change the terms and provisions of the Contracts or the Credit and Collection Policy with respect to any of the Accounts in any respect (including the calculation of the amount, or the timing, of charge-charge- offs and the Periodic Finance Charges and other fees to be assessed thereon) only if in the reasonable judgment of the Seller Credit Card Originator (i) (if it owns a comparable segment of receivables) such change is made applicable to any comparable segment of the consumer revolving credit card accounts owned by the Seller such Credit Card Originator which have characteristics the same as, or substantially similar to, such Accounts or (ii) (if it does not own such a comparable segment of receivables) such change will not be made with the intent to materially benefit the Seller Transferor or the Credit Card Originator over the Buyer, Metris Receivables, Inc., or the Trust and the beneficiaries thereof Investor Securityholders or to materially adversely affect the Buyer, Metris Receivables, Inc., or the Trust and the beneficiaries thereofInvestor Securityholders, except as otherwise restricted by an endorsement, sponsorship sponsorship, or other agreement between the Seller Transferor and an unrelated third party or by the terms of the Contracts. The Seller Transferor further covenants that the Seller Transferor will not enter into any amendments to this the Bank Receivables Purchase Agreement or the Purchase Agreement that would cause a Ratings Event (as defined in the Pooling and Servicing Agreement) to occur so long as there are Investor Securities outstandingoccur. Section 2.10.

Credit and Collection Policy and Contracts. The Seller shall comply with and perform its obligations under the Contracts relating to the Accounts and the Credit and Collection Policy except insofar as any failure so to comply or perform would not materially and adversely affect the rights of the Trust and or the beneficiaries thereofCertificateholders hereunder or under the Certificates. Subject to compliance with all Requirements of Law, the Seller may change the terms and provisions of the Contracts or the Credit and Collection Policy with respect to any of the Accounts in any respect (including the calculation of the amount, or the timing, of charge-charge- offs and the Periodic Finance Charges and other fees to be assessed thereon) only if in the reasonable judgment of the Seller Credit Card Originator (i) (if it owns a comparable segment of receivables) such change is made applicable to any comparable segment of the consumer revolving credit card accounts owned by the Seller such Credit Card Originator which have characteristics the same as, or substantially similar to, such Accounts or (ii) (if it does not own such a comparable segment of receivables) such change will not be made with the intent to materially benefit the Seller Credit Card Originator over the Buyer, Metris Receivables, Inc., or the Trust and the beneficiaries thereof buyer or to materially adversely affect the Buyer, Metris Receivables, Inc., or the Trust and the beneficiaries thereofbuyer, except as otherwise restricted by an endorsement, sponsorship sponsorship, or other agreement between the Seller Credit Card Originator and an unrelated third party or by the terms of the Contracts. The Seller further covenants that the Seller it will not enter into any amendments to this Agreement that would cause a Ratings Event (as defined in the Pooling and Servicing Agreement) to occur so long as there are Investor Securities outstandingoccur.

Credit and Collection Policy and Contracts. The Seller shall comply with and perform its obligations under the Contracts relating to the Accounts and the Credit and Collection Policy except insofar as any failure so to comply or perform would not materially and adversely affect the rights of the Trust and or the beneficiaries thereofSecurityholders hereunder or under the Securities. Subject to compliance with all Requirements of Law, the Seller may change the terms and provisions of the Contracts or the Credit and Collection Policy with respect to any of the Accounts in any respect (including the calculation of the amount, or the timing, of charge-offs and the Periodic Finance Charges and other fees to be assessed thereon) only if in the reasonable judgment of the Seller Credit Card Originator (i) (if it owns a comparable segment of receivables) such change is made applicable to any comparable segment of the consumer revolving credit card accounts owned by the Seller such Credit Card Originator which have characteristics the same as, or substantially similar to, such Accounts or (ii) (if it does not own such a comparable segment of receivables) such change will not be made with the intent to materially benefit the Seller Credit Card Originator over the Buyer, Metris Receivables, Inc., or the Trust and the beneficiaries thereof buyer or to materially adversely affect the Buyer, Metris Receivables, Inc., or the Trust and the beneficiaries thereofbuyer, except as otherwise restricted by an endorsement, sponsorship sponsorship, or other agreement between the Seller Credit Card Originator and an unrelated third party or by the terms of the Contracts. The Seller further covenants that the Seller it will not enter into any amendments to this Agreement that would cause a Ratings Event (as defined in the Pooling and Servicing Agreement) to occur so long as there are Investor Securities outstandingoccur.

Credit and Collection Policy and Contracts. The Seller Each Credit Card Originator shall comply with and perform its obligations under the Contracts relating to the Accounts and the Credit and Collection Policy except insofar as any failure so to comply or perform would not materially and adversely affect the rights of the Trust and or the beneficiaries thereofSecurityholders hereunder or under the Securities. Subject to compliance with all Requirements of Law, the Seller a Credit Card Originator may change the terms and provisions of the Contracts or the Credit and Collection Policy with respect to any of the Accounts in any respect (including the calculation of the amount, or the timing, of charge-offs and the Periodic Finance Charges and other fees to be assessed thereon) only if in the reasonable judgment of the Seller Credit Card Originator (i) (if it owns a comparable segment of receivables) such change is made applicable to any comparable segment of the consumer revolving credit card accounts owned by the Seller such Credit Card Originator which have characteristics the same as, or substantially similar to, such Accounts or (ii) (if it does not own such a comparable segment of receivables) such change will not be made with the intent to materially benefit the Seller Transferor or the Credit Card Originator over the Buyer, Metris Receivables, Inc., or the Trust and the beneficiaries thereof Investor Securityholders or to materially adversely affect the Buyer, Metris Receivables, Inc., or the Trust and the beneficiaries thereofInvestor Securityholders, except as otherwise restricted by an endorsement, sponsorship sponsorship, or other agreement between the Seller Transferor and an unrelated third party or by the terms of the Contracts. The Seller Transferor further covenants that the Seller Transferor will not enter into any amendments to this the Bank Receivables Purchase Agreement or the Purchase Agreement that would cause a Ratings Event (as defined in the Pooling and Servicing Agreement) to occur so long as there are Investor Securities outstandingoccur.

Credit and Collection Policy and Contracts. The Seller shall comply with and perform its obligations under the Contracts relating to the Accounts and the Credit and Collection Policy except insofar as any failure so to comply or perform would not materially and adversely affect the rights of the Trust and or the beneficiaries thereofSecurityholders hereunder or under the Securities. Subject to compliance with all Requirements of Law, the Seller may change the terms and provisions of the Contracts or the Credit and Collection Policy with respect to any of the Accounts in any respect (including the calculation of the amount, or the timing, of charge-offs and the Periodic Finance Charges and other fees to be assessed thereon) only if in the reasonable judgment of the Seller (i) (if it owns a comparable segment of receivables) such change is made applicable to any comparable segment of the consumer revolving credit card accounts owned by the Seller which have characteristics the same as, or substantially similar to, such Accounts or (ii) (if it does not own such a comparable segment of receivables) such change will not be made with the intent to materially benefit the Seller over the Buyer, Metris Receivables, Inc., or the Trust and the beneficiaries thereof Buyer or to materially adversely affect the Buyer, Metris Receivables, Inc., or the Trust and the beneficiaries thereof, except as otherwise restricted by an endorsement, sponsorship sponsorship, or other agreement between the Seller and an unrelated third party or by the terms of the Contracts. The Seller further covenants that the Seller will not enter into any amendments to this Agreement that would cause a Ratings Event (as defined in the Pooling and Servicing Agreement) to occur so long as there are Investor Securities outstanding.. (e)