Common use of Program Analytics and Development Clause in Contracts

Program Analytics and Development. 4.1.1 No later than fifteen (15) days after the end of each calendar month, FMC shall review the Pools on an aggregate basis and present such findings to SunTrust regarding product reconfigurations including, but not limited to, the following categories: pricing, tier construction, repayment options, repayment terms, and the list of Eligible Institutions in the Program Guidelines. The Parties may recommend changes to the Program based on such review. If the Parties agree with the other Party’s recommendations and proposed changes to the Program, each Party shall approve such recommendations by executing revised Program Guidelines or another revised Exhibit hereto, as appropriate, which revised Exhibit shall be deemed to be a part of this Agreement upon execution, and any changes pursuant to such revised Exhibit shall be implemented as soon as reasonably practicable, or upon the effective date provided in the applicable revised Exhibit. If the Parties do not agree on the recommended changes within ten (10) Business Days of the applicable request, the Parties shall confer in good faith about the proposed changes. If the Parties cannot agree on such changes within thirty (30) days after the date a Party first delivered recommendations to the other Parties, then any Party may, by notice to the other Parties delivered no later than thirty (30) days after the expiration of such thirty (30) day period during which changes could not be agreed, terminate this Agreement on fifteen (15) days’ written notice to the other Parties, subject to Section 18.1 and Section 18.3 hereof. Notwithstanding the foregoing, changes to the Pricing Schedule shall be subject to Section 3.7 and not to this Section 4.1.1.

Program Analytics and Development. 4.1.1 No later From time to time, but no less frequently than fifteen once every six (156) days after the end of each calendar monthmonths, FMC shall review the Pools on an aggregate basis and present such findings to SunTrust regarding product reconfigurations including, but not limited to, the following categories: pricing, tier construction, repayment optionsBorrower/Cosigner credit profile and other data, repayment termsannual and cumulative borrowing limits, and the list of Eligible Institutions repayment terms in the Program Guidelines. The Parties may recommend changes to the Program based on such reviewreview or on such factors or at such other times as may be determined by the Parties. In addition, SunTrust may at any time and based on its own analysis, propose changes to the Program. If the Parties agree with the other Party’s recommendations and proposed changes to the Program, each Party shall approve such recommendations by executing revised Program an addendum or amendment to the Guidelines or another revised an amended and restated Exhibit D hereto, as appropriate, which revised Exhibit shall be deemed to be a part of this Agreement upon execution, and any changes pursuant to such revised Exhibit shall be implemented as soon as reasonably practicable, or upon the effective date provided in the applicable revised Exhibit. If the Parties do not agree on the recommended changes within ten (10) Business Days of the applicable request, the Parties shall confer in good faith about the proposed changes. If the Parties cannot agree on such changes within thirty (30) days after the date a Party first delivered recommendations to the other Parties, then any Party may, by notice to the other Parties delivered no later than thirty (30) days after the expiration of such thirty (30) day period during which changes could not be agreed, terminate this Agreement on fifteen (15) days’ written notice to the other Parties, subject to Section 18.1 and Section 18.3 hereof. Notwithstanding the foregoing, changes to the Pricing Schedule shall be subject to Section 3.7 and not to this Section 4.1.1.

Program Analytics and Development. 4.1.1 No later than fifteen (15) days after the end of each calendar month, FMC shall review the Pools on an aggregate basis and present such findings to SunTrust regarding product reconfigurations including, but not limited to, the following categories: The Parties may recommend pricing, tier construction, repayment options, repayment termsterm, and the list of Eligible Institutions in the Program Guidelines. The Parties may recommend other changes to the Program Programs based on such reviewreview of portfolio distribution and performance, market factors, or other relevant parameters. If the Parties agree with the other Party’s recommendations and proposed changes to the ProgramPrograms, each Party shall approve such recommendations by executing revised Program Guidelines or another revised Exhibit hereto, as appropriate, which revised Exhibit shall be deemed to be a part of this Agreement upon execution, and any changes pursuant to such revised Exhibit shall be implemented as soon as reasonably practicable, or upon the effective date provided in the applicable revised Exhibit. If the Parties do not agree on the recommended changes within ten (10) Business Days of the applicable request, the Parties shall confer in good faith about the proposed changes. If the Parties cannot agree on such changes within thirty (30) days after the date a Party first delivered recommendations to the other Parties, then FMC may agree to implement the proposed changes without any loss reserve applied to Loans to which the changes will apply, or any Party may, by notice to the other Parties delivered no later than thirty (30) days after the expiration of such thirty (30) day period during which changes could not be agreed, terminate this Agreement on fifteen (15) days’ days written notice to the other Parties, subject to Section 18.1 17.1 and Section 18.3 17.3 hereof. Notwithstanding the foregoing, changes to the Pricing Schedule shall be subject to Section 3.7 and not to this Section 4.1.1.