Guarantee Requirements. Company warrants the accuracy of its information and agrees to purchase from Member one check per Business Transaction, for which the Guaranty Requirements are strictly met, herein referred to as ‘Qualified’, except as set forth in paragraph four. ‘Business Transaction’ as used herein shall include only a transaction for the contemporaneous purchase of goods or services consistent with Member’s SIC classification. Member’s exclusive and sole remedy for breach of Guaranty shall be the right to require Company to purchase such dishonored check subject to the conditions stated in this Paragraph.
(a) Company agrees to reimburse the Member at face value all ‘Qualified’ checks presented and made payable to Member for payment of goods or services which were returned by any U.S. bank, savings and loan, or similar financial institution marked or stamped ‘Insufficient Funds’, ‘NSF’ or ‘Uncollected Funds’.
(b) Check shall include the following either imprinted or legibly written on the face of each check at the point of sale: • Maker’s Name (cannot be an employee of Member) • Complete Residence (Street) Address • Work Telephone Number – Including Area Code • Home Telephone Number – Including Area Code • Valid Drivers License Number
(c) Check must be a first party check drawn on a demand deposit account with a U. S. financial institution and must be made payable to Member. The physical residence address cannot contain a P.O. box and must include a City, State and Zip code.
(d) If Member subscribes to Company’s verification services, Member shall have made an inquiry to Company, received and legibly written a valid authorization code on the face of all checks accepted for payment at the point of sale.
(e) The date of the check, actual transaction and authorization code (if required) must all coincide. (No Pre or Post dated checks)
(f) Proof of claim: Checks must be routed directly from Member’s financial institution to Company after first presentation. Company must receive checks within 20 days of acceptance by Member.
(g) Guaranty does not apply to checks wherein the Member has accepted or called for Approval on more than one check per Business Transaction.
(h) If “RCK Required” is selected on the face of this Agreement, Member agrees to secure authorization for electronic representment for checks and charges, at the point of sale.
(i) If member has selected ‘Checkcare Premium Guarantee’, additional coverage or information waivers may be effective as detailed on the “...
Guarantee Requirements. (a) Comply in all material respects with the terms, requirements and conditions of the Federal Guarantee applicable to it and furnish the Administrative Agent with (i) all information regarding the Borrower as may be needed by the Administrative Agent to comply with its obligations under the Federal Guarantee, including Sections 3.4, 5.3 and 5.4 thereof and (ii) prompt written notice of (A) any change in the ownership or senior management of the Borrower, (B) any strike or work stoppage or other material labor disruption experienced by the Borrower and (C) any material damage to or other material production disrupting problem with any of the production units of the Borrower, in each case with a copy to the Federal Guarantor. The Borrower shall execute such documents and take such actions as the Federal Guarantor (through the Administrative Agent) may request.
(b) Comply in all material respects with the terms, requirements and conditions of the State Guarantee applicable to it (including payment of the annual fees set forth therein to the extent not paid in advance on the Closing Date) and furnish the Administrative Agent with all information regarding the Borrower as may be needed by the Administrative Agent to comply with its obligations under the State Guarantee.
Guarantee Requirements. Processor will guarantee each check that was electronically processed by Processor that Company utilized Processor’s processing services, and for which Company obtained a valid approval code from Processor, provided, however, that Processor’s liability shall be limited by the Guarantee Maximum and Guarantee Requirements, and shall not exceed the amount of the check. Company represents and agrees with respect to each Guarantee transaction submitted to Processor under this Agreement that:
a. The check is a first party check drawn on a US bank account and is made payable to Company. Processor will not guarantee two party, 3rd party, travelers, employee, money market, credit card, convenience, counter checks or checks made payable to cash.
b. The check has an imprinted Consumer or Business name and check number by the check manufacturer. Processor will not guarantee starter or counter checks.
c. The check is fully completed including: (i) imprinted Consumer or Business name; (ii) a physical address (no PO boxes); (iii) at least one valid phone number with area code; (iv) driver’s license number and state of issuance; (v) check date; (vi) check amount; (vii) payee; and (viii) a signature.
d. For Consumer checks, the signature on the signed authorization receipt is not substantially different from the name imprinted on the check.
e. The check date accurately coincides within 2 business days of the date of the Verification. Processor will not guarantee pre- or post-dated checks.
f. The check amount matches the signed authorization receipt and the Verification amount exactly and does not exceed the Guarantee Maximum.
g. The Company received a valid single approval code from Processor’s Verification service. Company warrants that it did not attempt to bypass any limits imposed, such as, but not limited to, splitting a single transaction into subsequent transactions in order to avoid maximum dollar restriction.
h. The Company, and its employees, complied with all applicable laws, rules regulations, and NACHA Rules.
i. The original check was used for the purchase of goods or services rendered. In addition to the restrictions set forth in these Terms and Conditions, notwithstanding any provisions to the contrary, Processor has established per account Guarantee and Velocity limits, as included as part of this Agreement, in the attached Schedule B.
Guarantee Requirements. Guarantors will have potential liabilities in connection with the Guaranteed Obligations pursuant to the Partnership Agreement, the Guaranty Agreement dated as of , 202_ for the benefit of the Project Owner and the Investor Limited Partner, the Development Agreement, the Senior Loan documents and various other documents relating to the development, financing, leasing, construction and operation of the Project (collectively, the “Project Documents”). A breach, default or such other violation of the Project Documents that occurs as a result of an act of, or failure to act by, General Partner, that is not cured and continues, is a “GP Project Document Default”. An enforcement action concerning the Guaranteed Obligations against any of the Guarantors due to a GP Project Document Default is a “Guarantee Enforcement Action”.
Guarantee Requirements. If any guarantee of this Lease is required by Landlord, such guarantee shall be in form and content acceptable to Landlord.
