New Business; No Existing Credit Program Sample Clauses

New Business; No Existing Credit Program. (i) If the New Business involves the sale of substantially the same goods and services to substantially the same customer base as Pier 1’s then current operations, and either it is internally developed, or it is not internally developed but it has no pre-existing Credit Program, then the following provisions shall apply: the parties (including Pier 1 and Bank in cases where the New Business is an operating division of Pier 1; or, including Pier 1, Bank, and the New Business in cases where the New Business is a separate entity from Pier 1) shall execute an amendment to this Agreement incorporating the New Business into this Agreement, subject to the same terms and conditions as set forth in this Agreement. (ii) With respect to any New Business that does not involve the sale of substantially the same merchandise and services to substantially the same customer base as Pier 1’s then current operations, and has no pre-existing Credit Program, the following provisions shall apply. Bank shall have a right to bid on adding such New Business to the Plan, and Pier 1 shall consider Bank’s bid in good faith. If Pier 1 considers bids other than Bank’s, Pier 1 shall ensure that it shall have the right to disclose to Bank the material terms and conditions (including but not limited to financial terms) of any such other bids to the degree necessary for Bank to prepare a competitive bid if Bank chooses to do so. If Pier 1 does not in good faith determine to accept Bank’s bid as the best bid, Pier 1’s right to award a contract to another bidder shall be subject to the following: First, Pier 1 shall inform Bank that Pier 1 does not consider Bank’s bid to be the best bid. Second, Pier 1 shall notify Bank of those elements of its bid that would need to be improved or enhanced for Bank’s bid to be considered the “best” bid. Third, beginning the day Bank receives the information described in the preceding sentence, Pier 1 shall provide Bank at least five (5) Business Days to resubmit a bid. Fourth, if Bank resubmits a bid but it is still not considered in good faith to be the best bid by Pier 1 or if Bank does not resubmit a bid, then Pier 1 may enter into an agreement with the previously selected bidder. However, if Bank’s resubmitted bid is considered in good faith by Pier 1 to be the best bid, or Pier 1 otherwise elects to accept Bank’s bid, then Pier 1 and Bank shall negotiate in good faith any other terms that shall apply to Bank issuing Accounts to Customers of the New Bus...
AutoNDA by SimpleDocs
New Business; No Existing Credit Program. (i) If the New Business involves the sale of substantially the same goods and services to substantially the same customer base as Pier 1’s then current operations, and either it is internally developed, or it is not internally developed but it has no pre-existing Credit Program, then the following provisions shall apply: the parties (including Pier 1 and Bank in cases where the New Business is an operating division of Pier 1; or, including Pier 1, Bank, and the New Business in cases where the New Business is a separate entity from Pier 1) shall execute an amendment to this Agreement incorporating the New Business into this Agreement, subject to the same terms and conditions as set forth in this Agreement. (ii) With respect to any New Business that does not involve the sale of substantially the same merchandise and services to substantially the same customer base as Pier 1’s then current operations, and has no pre-existing Credit Program, the following provisions shall apply.
New Business; No Existing Credit Program. If the New Business has no pre-existing Credit Program and CHRS desires to establish a Credit Program in connection with such New Business, provided no Company Termination Event (as defined in the Plan Agreements) has occurred in the prior twelve month period, Bank shall have the right of first offer with respect to a Credit Program for such New Business for a period of ninety (90) days. If Bank advises CHRS in writing that it elects not to offer a Credit Program for such New Business on terms and conditions acceptable to CHRS, then CHRS shall have the right to select another provider for such New Business, provided that the terms are no less favorable to CHRS than those offered by Bank above. In the event CHRS 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.

Related to New Business; No Existing Credit Program

  • Competitive Supplier’s Standard Credit Policy The Competitive Supplier will not require a credit review for any consumer participating in the Program, nor does Competitive Supplier require any consumer to post any security deposit as a condition for participation in the Program. The Competitive Supplier may terminate service to a Participating Consumer and return such consumer to Basic Service in the event that the consumer fails to pay to Competitive Supplier amounts past-due greater than sixty (60) days.

  • Proposed Policies and Procedures Regarding New Online Content and Functionality By October 31, 2017, the School will submit to OCR for its review and approval proposed policies and procedures (“the Plan for New Content”) to ensure that all new, newly-added, or modified online content and functionality will be accessible to people with disabilities as measured by conformance to the Benchmarks for Measuring Accessibility set forth above, except where doing so would impose a fundamental alteration or undue burden. a) When fundamental alteration or undue burden defenses apply, the Plan for New Content will require the School to provide equally effective alternative access. The Plan for New Content will require the School, in providing equally effective alternate access, to take any actions that do not result in a fundamental alteration or undue financial and administrative burdens, but nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services as their nondisabled peers. To provide equally effective alternate access, alternates are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs. b) The Plan for New Content must include sufficient quality assurance procedures, backed by adequate personnel and financial resources, for full implementation. This provision also applies to the School’s online content and functionality developed by, maintained by, or offered through a third-party vendor or by using open sources. c) Within thirty (30) days of receiving OCR’s approval of the Plan for New Content, the School will officially adopt, and fully implement the amended policies and procedures.

  • Bona Fide Request/New Business Request Process for Further Unbundling 6.1 BellSouth shall, upon request of <<customer_name>>, provide to <<customer_name>> access to its network elements at any technically feasible point for the provision of <<customer_name>>'s telecommunications service where such access is necessary and failure to provide access would impair the ability of <<customer_name>> to provide services that it seeks to offer. Any request by <<customer_name>> for access to a network element, interconnection option, or for the provisioning of any service or product that is not already available shall be treated as a Bona Fide Request/New Business Request (BFR/NBR), and shall be submitted to BellSouth pursuant to the BFR/NBR process. 6.2 <<customer_name>> shall submit any BFR/NBR in writing to <<customer_name>>’s Account Manager. The BFR/NBR shall specifically identify the requested service date, technical requirements, space requirements and/or such specifications that clearly define the request such that BellSouth has sufficient information to analyze and prepare a response. The BFR/NBR also shall include <<customer_name>>’s designation of the request as being (i) pursuant to the Telecommunications Act of 1996 or (ii) pursuant to the needs of the business.

  • Performance and Compliance with Contracts and Credit and Collection Policy The Seller shall (and shall cause the Servicer to), at its expense, timely and fully perform and comply with all material provisions, covenants and other promises required to be observed by it under the Contracts related to the Receivables, and timely and fully comply in all material respects with the applicable Credit and Collection Policies with regard to each Receivable and the related Contract.

  • Change in Business or Credit and Collection Policy The Seller will not make any change in the character of its business or in the Credit and Collection Policy that would, in either case, materially adversely affect the collectibility of the Receivables Pool or the ability of the Seller to perform its obligations under this Agreement.

  • Compliance with Contracts and Credit and Collection Policy Originator will timely and fully (i) perform and comply with all provisions, covenants and other promises required to be observed by it under the Contracts related to the Receivables, and (ii) comply in all respects with the Credit and Collection Policy in regard to each Receivable and the related Contract.

  • Modifications to Contracts and Credit and Collection Policy Such Seller Party will not make any change to the Credit and Collection Policy that could adversely affect the collectability of the Receivables or decrease the credit quality of any newly created Receivables. Except as provided in Section 8.2(d), Servicer will not extend, amend or otherwise modify the terms of any Receivable or any Contract related thereto other than in accordance with the Credit and Collection Policy.

  • SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS The Company has delivered to TCI an accurate list (which is set forth on Schedule 5.15) of all customers (persons or entities) representing 1% or more of the Company's annual revenues for the year ended December 31, 1997; provided, however, that Schedule 5.15 need not set forth more than the Company's 20 largest customers during such period. Except to the extent set forth on Schedule 5.15, none of such customers have canceled or substantially reduced or, to the knowledge of the Stockholders, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company. The Company has listed on Schedule 5.15 all Material Contracts (as defined below) to which the Company is a party or by which it or any of its properties are bound, other than agreements listed on Schedules 5.10, 5.14 or 5.16, (a) in existence as of the Balance Sheet Date and (b) entered into since the Balance Sheet Date, and in each case has delivered true, complete and correct copies of such agreements to TCI. For purposes of this Agreement, the term "Material Contracts" includes contracts between the Company and significant customers (as described above), joint venture or partnership agreements, contracts with any labor organization, strategic alliances, options to purchase land and other contracts which are not terminable on sixty days or less notice and involve payments by the Company in any twelve-month period in excess of $25,000. The Company has also indicated on Schedule 5.15 a summary description of all plans or projects involving the opening of new operations, expansion of existing operations, the acquisition of any personal property, business or assets requiring, in any event, the payment of more than $25,000 by the Company during any 12- month period. To the knowledge of the Stockholders, all of the Material Contracts are in full force and effect and constitute valid and binding agreements of the parties (and their successors) thereto in accordance with their respective terms except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to the enforcement of creditors' rights generally and by general principles of equity.

  • Support and Services ISD and HC agree to the following conditions: A. HC agrees to the following for both the mathematics and English language arts courses: i. To share data and provide feedback regarding student success on entry‐level college mathematics and English language arts courses; ii. To train advisors to recognize and honor course(s) on school district transcripts; iii. To ensure that eligible students are counseled directly into college level mathematics, English language arts, and all other courses that require mathematics and English language arts college readiness; B. HC agrees to the following for the college preparatory mathematics courses: i. To provide the Student Learning Outcomes; ii. To provide the syllabi for the courses being offered. iii. To provide regular meetings between the HC faculty and ISD faculty teaching the course. C. HC agrees to the following for the college preparatory English language arts course: i. To provide the Student Learning Outcomes for Integrated Reading/Writing (INRW 0303) course; ii. To provide the syllabi, including types of essays required (i.e., expository, persuasive, and critical analysis). iii. To provide regular meetings between the HC faculty and ISD faculty teaching the course. D. ISD agrees to the following for both the mathematics and English language arts courses: i. To provide highly qualified instructors for the courses being taught; ii. To identify students who are not college ready as stated in HB 5; iii. To provide professional development and resources required to teach the mathematics and English language arts courses; iv. To identify successful completion of the course(s) on the student transcripts as determined by the State of Texas PEIMS number; v. To provide curriculum for the course that is consistent with HC Student Learning Outcomes; vi. To provide assistance with admission, enrollment, and financial aid applications; E. ISD agrees to the following for the college preparatory mathematics course: i. To teach a math course designed to focus on college mathematics (algebraic or non‐algebraic) concepts; ii. Require students to meet college readiness scores on the TSI Assessment; iii. To meet regularly with HC faculty. F. ISD agrees to the following for the college preparatory English language arts course: i. To teach an integrated Reading and Writing course that focuses on critical reading and college‐level writing; ii. Require students to meet college readiness scores on the TSI Assessment; iii. To meet regularly with HC faculty.

  • Compliance with Credit and Collection Policy Such Seller Party has complied in all material respects with the Credit and Collection Policy with regard to each Receivable and the related Contract, and has not made any material change to such Credit and Collection Policy, except such material change as to which Agent and each Purchaser Agent have been notified in accordance with Section 7.1(a)(vii) and receipt Agent’s and each Purchaser Agent’s consent to the extent referenced therein.

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