New Business; Existing Credit Program Sample Clauses

New Business; Existing Credit Program. (i) The following provisions shall apply if the New Business offers an existing Credit Program, and the New Business itself is both the subject retailer and the issuer/provider thereof. With respect to the administration of such Credit Program, Pier 1 shall have the right, in its sole discretion, to (1) negotiate with Bank for the administration of the Credit Program, (2) retain the administration of such Credit Program, or (3) offer such Credit Program for sale to a third party, provided Bank has the opportunity to match any valid, competitive offer. (ii) The following provisions shall apply if the New Business offers an existing Credit Program through a contract with an unaffiliated third-party provider (other than Bank). Pier 1 shall have the right, in its sole discretion, to (1) continue its contractual relationship with the unaffiliated third-party issuer/provider, (2) purchase and operate such Credit Program itself; or (3) negotiate with Bank or a third party to purchase and operate such Credit Program. As to the negotiation process, the parties shall follow that process which is described in Section 3.14 (b) (ii) above. (iii) The following provisions shall apply if the New Business offers an existing Credit Program through a contract with Bank. Subject to Section 3.14 (d) immediately below, Bank and Pier 1 shall assess and mutually agree whether to integrate the Credit Program into this Agreement and the Plan, or operate such Credit Program separately, all as set forth below in Section 3.14 (d). (iv) Notwithstanding anything to the contrary set forth in Section 3.14 (c) (iii) immediately above or Section 3.14 (d) immediately below, the following provisions shall apply if the Credit Program offered by the New Business is comprised in whole or in part of a co-brand credit card program, and at such time this Agreement and the Plan are comprised only of private label accounts, but Pier 1 and Bank are also parties to a separate, co-brand credit card agreement. In that case, the New Business’s co-brand credit card accounts shall be considered the co-brand accounts of a new business under the co-brand only agreement between Bank and Pier 1, and any provisions therein with regard to such type of accounts shall apply. However, if any such co-brand agreement does not address the issue of co-brand accounts of a new business, then the provisions of Section 3.14 (c) (iii) above and Section 3.14 (d) below shall again apply in full.
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New Business; Existing Credit Program. (i) The following provisions shall apply if the New Business offers an existing Credit Program and the New Business itself is both the subject retailer and the issuer/provider thereof. With respect to the administration of such Credit Program, CHRS may elect to (1) retain the administration of such Credit Program, or (2) provided no Company Termination Event has occurred in the prior twelve month period, to select another provider for such New Business; provided, however that Bank shall have the right of first offer with respect to a Credit Program for such New Business pursuant to the provisions of paragraph (b) above. In the event CHRS retains the administration of such Credit Program or selects another provider, the CHRS Subsidiaries (other than the New Business) shall not be permitted to accept the New Business’ Credit Program with respect to CHRS Subsidiaries’ Sales Channels and the New Business shall have no rights to participate in the Plans. (ii) The following provisions shall apply if the New Business offers an existing Credit Program through a contract with an unaffiliated third-party provider other than Bank. CHRS shall have the right, in its sole discretion, to (1) continue its contractual relationship with the unaffiliated third-party issuer/provider, (2) purchase and operate such Credit Program itself; or (3) provided no Company Termination Event has occurred in the prior twelve month period, to select another provider for such New Business; provided, however that Bank shall have the right of first offer with respect to a Credit Program for such New Business pursuant to the provisions of paragraph (b) above. In the event CHRS continues its contractual relationship with the unaffiliated third-party issuer/provider, assumes the administration of such Credit Program itself or selects another provider other than Bank, the CHRS Subsidiaries (other than the New Business) shall not be permitted to accept the New Business’ Credit Program with respect to CHRS Subsidiaries’ Sales Channels and the New Business shall have no rights to participate in the Plans. (iii) If the New Business offers an existing Credit Program through an existing contract with Bank, Bank and CHRS shall assess and mutually agree whether to integrate the Credit Program into one of the Plan Agreements and Plans, or to operate such Credit Program separately under the then existing Bank agreements (and whether to permit Cross Shopping). Provided, however, that if Bank does not integr...
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