Common use of Performance of Account Agreements Clause in Contracts

Performance of Account Agreements. The Debtor shall not, nor shall it permit the Bank to fail to comply with and perform its obligations under the applicable Account Agreements relating to the Accounts and the Credit Guidelines except insofar as any such failure to comply or perform would not materially and adversely affect the rights of the Trust, the Agent, or any Bank Investor in the Receivables or the collectibility of the Receivables. The Debtor shall not, nor shall it permit the Bank to, change the terms and provisions of the Account Agreements or the Credit Guidelines in any respect (including, without limitation, the calculation of the amount, and the timing, of uncollectible Receivables) except to the extent (i) such change is made applicable to the comparable segment of the consumer revolving credit accounts owned by the Guarantor, the Debtor or the Bank that have characteristics the same as, or substantially similar to, the Accounts that are the subject of such change or (ii) if the Guarantor, the Debtor or the Bank does not own such a comparable segment, the Debtor will not, nor will it permit the Bank to, make any such change with the intent to materially benefit itself over the Trust, the Agent, or any Bank Investor, and such change does not materially and adversely affect the rights of the Trust, the Agent or any Bank Investor in the Receivables or the collectibility of the Receivables. References to the Receivables in this paragraph shall be deemed to refer to the Receivables in the aggregate.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Belk Inc)

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Performance of Account Agreements. The Debtor Transferor shall not, nor and shall it not permit the Bank any Designated Seller to fail to comply with and perform its obligations under the applicable Account Agreements relating to the Accounts and the Credit Guidelines except insofar as any such failure to comply or perform would not materially and adversely affect the rights of the TrustCompany, the Agent, or any Bank Investor in the Receivables or the collectibility of the Receivables. The Debtor Transferor shall not, nor shall it permit the Bank to, not change the terms and provisions of the Account Agreements or the Credit Guidelines in any respect (including, without limitation, the calculation of the amount, and the timing, of uncollectible Receivables) except to the extent (ia) such change is made applicable to the comparable compa- rable segment of the consumer revolving credit accounts owned and serviced by the Guarantor, the Debtor Transferor or the Bank such Designated Seller that have characteristics char- acteristics the same as, or substantially similar to, the Accounts that are the subject of such change or (iib) if the Guarantor, the Debtor or the Bank it does not own such a comparable compara- ble segment, the Debtor it will not, nor will it permit the Bank to, not make any such change with the intent to materially materi- ally benefit itself over the TrustCompany, the Agent, or any Bank Investor, and such change does not materially and adversely affect the rights of the TrustCompany, the Agent or any Bank Investor in the Receivables or the collectibility of the Receivables. References to the Receivables in this paragraph shall be deemed to refer to the Receivables in the aggregateaggre- gate.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Proffitts Inc)

Performance of Account Agreements. The Debtor shall not, nor shall it permit the Bank to fail to Transferor will comply with and perform its obligations under the applicable Account Agreements Agreements, if any, relating to the Accounts and the Credit Guidelines except insofar as any such failure to comply or perform would not materially and adversely affect the rights of the Trust, any Conduit the Agent, or any Bank Investor in the Receivables or the collectibility collectability of the Receivables. The Debtor Transferor shall not, nor shall it permit the Bank to, not change the terms and provisions of the Account Agreements or the Credit Guidelines in any respect (including, without limitation, the calculation of the amount, amount and the timing, timing of uncollectible Receivables) except to the extent (ia) such change is made applicable to the comparable segment of the consumer revolving credit accounts owned and serviced by the Guarantor, the Debtor Transferor or the Bank Servicer, and their respective Affiliates, as applicable that have characteristics the same as, or substantially similar to, the Accounts that are the subject of such change or (iib) if the Guarantor, the Debtor or the Bank it does not own such a comparable segment, the Debtor it will not, nor will it permit the Bank to, not make any such change with the intent to materially benefit itself over the Trustany Conduit, the Agent, or any Bank Investor, and such change does not materially and adversely affect the rights of the Trustany Conduit, the Agent or any Bank Investor in the Receivables or the collectibility collectability of the Receivables. References to the Receivables in this paragraph shall be deemed to refer to the Receivables in the aggregate.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Saks Inc)

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Performance of Account Agreements. The Debtor shall not, nor shall it permit the Bank to not fail to comply with and perform its obligations under the applicable Account Agreements relating to the Accounts and the Credit Guidelines except insofar as any such failure to comply or perform would not materially and adversely affect the rights of the TrustCompany, the Agent, or any Bank Investor in the Receivables or the collectibility of the Receivables. The Debtor shall not, nor shall it permit the Bank to, not change the terms and provisions of the Account Agreements or the Credit Guidelines in any respect (including, without limitation, the calculation of the amount, and the timing, of uncollectible Receivables) except to the extent (ia) such change is made applicable to the comparable segment of the consumer revolving credit accounts owned and serviced by the Guarantor, the Debtor or the Bank a Designated Seller that have characteristics the same as, or substantially similar to, the Accounts that are the subject of such change or (iib) if the Guarantor, the Debtor or the Bank it does not own such a comparable segment, the Debtor it will not, nor will it permit the Bank to, not make any such change with the intent to materially benefit itself over the TrustCompany, the Agent, or any Bank Investor, and such change does not materially and adversely affect the rights of the TrustCompany, the Agent or any Bank Investor in the Receivables or the collectibility of the Receivables. References to the Receivables in this paragraph shall be deemed to refer to the Receivables in the aggregate.

Appears in 1 contract

Samples: Note Purchase and Security Agreement (Belk Inc)

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