Common use of Lending Agreements and Guidelines Clause in Contracts

Lending Agreements and Guidelines. Capital One shall comply with and perform its obligations under the Lending Agreements relating to the Accounts and the Lending Guidelines and all applicable rules and regulations of MasterCard and VISA or their respective substantial equivalents except insofar as any failure so to comply or perform would not materially and adversely affect the ability of Capital One to comply with its obligations under this Agreement or the ability of Funding to comply with its obligations under the Pooling and Servicing Agreement. Subject to compliance with all Requirements of Law and paragraph (h) above, Capital One may change the terms and provisions of the applicable Lending Agreements or the applicable Lending Guidelines in any respect (including the calculation of the amount or the timing of charge-offs and the Periodic Rate Finance Charges to be assessed thereon). Notwithstanding the above, unless required by Requirements of Law or as permitted by paragraph (h) above, Capital One will not take any such action unless (i) at the time of such action, Capital One reasonably believes that such action will not cause a Pay Out Event to occur, and (ii) such change is made applicable to the comparable segment of the revolving credit card accounts owned by Capital One which have characteristics the same as, or substantially similar to, the Accounts that are the subject of such change.