Common use of Provisions Applicable to All Accounts Clause in Contracts

Provisions Applicable to All Accounts. This Agreement and you authorize us to initiate and make deposits and withdrawals from any account which may be electronically transmitted or through an ACH or to delay or place holds on any amounts in such accounts in order to protect any of our rights and to obtain payment of any amount due us under this Agreement, including fees, charges and discounts without any further notice or demand. You will confirm to any institution holding any account the existence of this authorization and direct them to comply with our directions and you will not change any such confirmation or direction without our prior written consent. Any such confirmation, direction or authorization will remain in effect for at least 180 days after termination of this Agreement, or in our discretion, longer. We may, without notice, delay or stop making payments to you, set off, retain or otherwise hold (or direct your financial institution to place a hold) on any funds to protect ourselves against losses. Chargebacks, any amounts due or to become due under this Agreement, or based on your financial condition or in the event you submit transactions which are not authorized, do not conform to this Agreement, the Operating Manual, the Operating Regulations or applicable law including transactions subject to verification by any Card Association or cardholder. You agree that Bank will not be liable for any losses either direct or indirect due to holding of funds, suspension of processing, termination of this Agreement or any dishonor or any item as a result of these actions. You agree to promptly notify us of any discrepancy within 10 days of receipt of any statement regarding your accounts. Any account is subject to review, verification, acceptance and audit by Bank. Bank may return items to you for correction. YOU GRANT BANK A LIEN AND SECURITY INTEREST IN THE SETTLEMENT ACCOUNT, THE RESERVE ACCOUNT, ALL ITEMS (INCLUDING FUTURE ITEMS), ANY RIGHTS TO RECEIVE CREDITS OR PAYMENTS UNDER THIS AGREEMENT AND ALL DEPOSITS AND OTHER PROPERTY OF YOURS THAT BANK OR ITS AFFILIATES MAINTAIN (INCLUDING THE PROCEEDS THEREOF), AND YOU WILL EXECUTE, DELIVER ANY PAY THE FEES FOR ANY DOCUMENTS WE REQUEST TO CREATE, PERFECT, MAINTAIN AND ENFORCE THIS SECURITY INTEREST. TO THE EXTENT PERMITTED BY LAW, YOU IRREVOCABLY AUTHORIZE BANK TO EXECUTE ANY FINANCING STATEMENTS OR OTHER DOCUMENTS NECESSARY RELATED TO THIS SECURITY INTEREST. Merchant represents and warrants that no other person or entity has a security interest therein and that this security interest secures your obligations to us under this Agreement. Bank shall have all rights of a secured party and Merchant must obtain the prior written consent of Bank before granting any subsequent security interest. Merchant agrees that these accounts and secured property shall not be subject to any preference, claim, or stay by reason of any bankruptcy or insolvency law.

Provisions Applicable to All Accounts. (a) This Agreement and you Merchant authorize us Bank to initiate and make deposits and withdrawals from the Settlement Account, the Reserve Account and any account to which Bank has access which may be transmitted electronically transmitted or accessed through an ACH ACH, or to delay or place holds on any amounts in such accounts in order to protect any of our Bank’s rights and to obtain payment of any amount due us Bank under this Agreement, including including, without limitation, fees, charges and discounts discount rates, without any further notice or demand. You Merchant agrees that any depository bank shall comply with instructions originated by Bank directing dispositions of the funds in those accounts without any further consent required by Merchant unless required by applicable law. If required, Merchant authorizes Bank to enter into any agreement with any depository institution for this purpose, including on behalf of Merchant, to effect the security interest granted to Bank below. Merchant agrees to enter into any such agreement. Merchant will confirm to any institution holding any account of Merchant the existence of this authorization and direct them it to comply with our directions and you Bank’s directions. Merchant will not change any such confirmation or direction without our Bank’s prior written consent. Any such confirmation, direction or authorization will remain in effect for at least 180 days after termination of this AgreementAgreement or, or in our Bank’s discretion, longerlonger to process trailing activity. We Bank may, without notice, delay or stop making payments to you, set offMerchant or setoff, retain or otherwise hold (or direct your Merchant's financial institution to place a holdhold on) on any funds (i) to protect ourselves itself against losses. , Chargebacks, any amounts due or to become due under this Agreement, or (ii) based on your Merchant’s financial condition or (iii) in the event you submit Merchant submits transactions which that are not authorized, authorized or do not conform to this Agreement, the Operating Manual, the Operating Regulations or applicable law law, including transactions subject to verification by any Card Association or cardholder. You agree Merchant agrees that Bank will shall not be liable for any losses losses, either direct or indirect indirect, due to holding of funds, suspension of processing, termination of this Agreement or any dishonor dishonour of any Item by a financial institution or any item Merchant’s depository bank as a result of these actions. You agree Merchant agrees to promptly notify us Bank of any discrepancy within 10 thirty (30) days of receipt of any statement regarding your Merchant’s accounts, or such (b) Merchant hereby grants to Bank a lien and security interest in all of Merchant’s right, title and interest in or to any of the following assets or properties: (i) the Settlement Account, (ii) the Reserve Account, (iii) all Items (including future Items), (iv) any rights to receive credits or payments under this Agreement and (v) all deposits and other property of Merchant that Bank or its affiliates possess or maintain (including all proceeds of the foregoing). Any account is subject Merchant shall execute, acknowledge or deliver any documents or take any actions Bank may from time to reviewtime request to better assure, verificationpreserve, acceptance and audit protect, perfect, maintain or enforce this security interest. To the extent permitted by Banklaw, Merchant irrevocably authorizes Bank to file any financing statements (at Merchant’s expense) in any relevant jurisdiction or any other documents or instruments related to this security interest. Bank may return items shall also be the beneficiary of any insurance, surety bond or similar indemnity or guaranty (whether voluntary or required by law) of Merchant or for the benefit of Merchant’s customers, and Merchant hereby assigns to you for correction. YOU GRANT BANK A LIEN AND SECURITY INTEREST IN THE SETTLEMENT ACCOUNT, THE RESERVE ACCOUNT, ALL ITEMS (INCLUDING FUTURE ITEMS), ANY RIGHTS TO RECEIVE CREDITS OR PAYMENTS UNDER THIS AGREEMENT AND ALL DEPOSITS AND OTHER PROPERTY OF YOURS THAT BANK OR ITS AFFILIATES MAINTAIN (INCLUDING THE PROCEEDS THEREOF), AND YOU WILL EXECUTE, DELIVER ANY PAY THE FEES FOR ANY DOCUMENTS WE REQUEST TO CREATE, PERFECT, MAINTAIN AND ENFORCE THIS SECURITY INTEREST. TO THE EXTENT PERMITTED BY LAW, YOU IRREVOCABLY AUTHORIZE BANK TO EXECUTE ANY FINANCING STATEMENTS OR OTHER DOCUMENTS NECESSARY RELATED TO THIS SECURITY INTERESTBank the rights to make claims or receive the benefits thereof with respect to Card transactions hereunder. Merchant represents and warrants that (i) Merchant has good and valid rights and title to the property described herein, (ii) Merchant has full power and authority to grant to Bank the security interest pursuant hereto and to execute, deliver and perform its obligations in accordance with the terms of this Agreement, without the consent or approval of any other person or entity, (iii) no other person or entity has a security interest therein or lien in any of the property described herein and that (iv) this security interest is a first lien security interest and secures your Merchant’s obligations to us Bank under this Agreement. Bank shall have all rights of a secured party and Merchant must obtain the prior written consent of Bank before granting any subsequent security interestinterest or lien in the property described herein. Merchant agrees that it is Merchant’s intent that these accounts and secured property shall to the extent allowed by applicable law not be subject to any preference, claim, or stay by reason of any bankruptcy or insolvency law. Merchant agrees to act consistently with the understanding that said accounts and secured property under this Agreement are free of all such preferences, claims or stays by reason of and as allowed by any such law.

Provisions Applicable to All Accounts. This Agreement and you authorize us to initiate and make deposits and withdrawals from any account which may be electronically transmitted or through an ACH automated clearing house ("“ACH”) association or to delay or place holds on any amounts in such accounts in order to protect any of our rights and to obtain payment of any amount due us under this Agreement, including fees, charges and discounts without any further notice or demand. You will confirm to any institution holding any account the existence of this authorization and direct them to comply with our directions and you will not change any such confirmation or direction without our prior written consent. Any such confirmation, direction or authorization will remain in effect for at least 180 days after termination of this Agreement, or in our discretion, longer. We may, without notice, delay or stop making payments to you, set off, retain or otherwise hold (or direct your financial institution bank to place a hold) on any funds to protect ourselves against losses. Chargebacks, chargebacks, any amounts due or to become due under this Agreement, or based on your financial condition or in the event you submit transactions which are not authorized, do not conform to this Agreement, the Operating Manual, the Operating Regulations or applicable law law, including transactions subject to verification by any Card Association or cardholder. You agree that Bank will not be liable for any losses either direct or indirect due to holding dishonor of funds, suspension of processing, termination of this Agreement or any dishonor or any item as a result of these actions. You agree to promptly notify us of any discrepancy within 10 days of or receipt of any statement regarding your accounts. Any account is subject to review, verification, acceptance and audit by Bank. Bank may return items to you for correction. YOU GRANT BANK A LIEN AND SECURITY INTEREST IN THE SETTLEMENT ACCOUNT, THE RESERVE ACCOUNT, ALL ITEMS (INCLUDING FUTURE ITEMS), ANY RIGHTS TO RECEIVE CREDITS OR PAYMENTS UNDER THIS AGREEMENT AND ALL DEPOSITS AND OTHER PROPERTY OF YOURS THAT BANK OR ITS AFFILIATES MAINTAIN (INCLUDING THE PROCEEDS THEREOF), AND YOU WILL EXECUTE, DELIVER ANY AND PAY THE FEES FOR ANY DOCUMENTS WE REQUEST TO CREATE, PERFECT, MAINTAIN AND ENFORCE THIS SECURITY INTEREST. TO THE EXTENT PERMITTED BY LAW, YOU IRREVOCABLY IRREVOCABLE AUTHORIZE BANK TO EXECUTE ANY FINANCING STATEMENTS STATEMENT OR OTHER DOCUMENTS NECESSARY RELATED TO THIS SECURITY INTEREST. Merchant represents and warrants that no other person or entity has a security interest therein and that this security interest secures your obligations to us under this Agreement. Bank shall have all rights of a secured party and Merchant must obtain the prior written consent of Bank before granting any subsequent security interest. Merchant agrees that these These accounts and secured property shall not be subject to any preference, claim, or stay by reason of any bankruptcy or insolvency law.

Provisions Applicable to All Accounts. (a) This Agreement and you Merchant authorize us Bank to initiate and make deposits and withdrawals from the Settlement Account, the Reserve Account and any account to which Bank has access which may be transmitted electronically transmitted or accessed through an ACH ACH, or to delay or place holds on any amounts in such accounts in order to protect any of our Bank’s rights and to obtain payment of any amount due us Bank under this Agreement, including including, without limitation, fees, charges and discounts discount rates, without any further notice or demand. You Merchant agrees that any depository bank shall comply with instructions originated by Bank directing dispositions of the funds in those accounts without any further consent required by Merchant unless required by applicable law. If required, Merchant authorizes Bank to enter into any agreement with any depository institution for this purpose, including on behalf of Merchant, to effect the security interest granted to Bank below. Merchant agrees to enter into any such agreement. Merchant will confirm to any institution holding any account of Merchant the existence of this authorization and direct them it to comply with our directions and you Bank’s directions. Merchant will not change any such confirmation or direction without our Bank’s prior written consent. Any such confirmation, direction or authorization will remain in effect for at least 180 days after termination of this AgreementAgreement or, or in our Bank’s discretion, longerlonger to process trailing activity. We Bank may, without notice, delay or stop making payments to you, set offMerchant or setoff, retain or otherwise hold (or direct your Merchant's financial institution to place a holdhold on) on any funds (i) to protect ourselves itself against losses. , Chargebacks, any amounts due or to become due under this Agreement, or (ii) based on your Merchant’s financial condition or (iii) in the event you submit Merchant submits transactions which that are not authorized, authorized or do not conform to this Agreement, the Operating Manual, the Operating Regulations or applicable law law, including transactions subject to verification by any Card Association or cardholder. You agree Merchant agrees that Bank will shall not be liable for any losses losses, either direct or indirect indirect, due to holding of funds, suspension of processing, termination of this Agreement or any dishonor dishonour of any Item by a financial institution or any item Merchant’s depository bank as a result of these actions. You agree Merchant agrees to promptly notify us Bank of any discrepancy within 10 thirty (30) days of receipt of any statement regarding your Merchant’s accounts, or such statements will be deemed to have been accepted as accurate by (b) Merchant hereby grants to Bank a lien and security interest in all of Merchant’s right, title and interest in or to any of the following assets or properties: (i) the Settlement Account, (ii) the Reserve Account, (iii) all Items (including future Items), (iv) any rights to receive credits or payments under this Agreement and (v) all deposits and other property of Merchant that Bank or its affiliates possess or maintain (including all proceeds of the foregoing). Any account is subject Merchant shall execute, acknowledge or deliver any documents or take any actions Bank may from time to reviewtime request to better assure, verificationpreserve, acceptance and audit protect, perfect, maintain or enforce this security interest. To the extent permitted by Banklaw, Merchant irrevocably authorizes Bank to file any financing statements (at Merchant’s expense) in any relevant jurisdiction or any other documents or instruments related to this security interest. Bank may return items shall also be the beneficiary of any insurance, surety bond or similar indemnity or guaranty (whether voluntary or required by law) of Merchant or for the benefit of Merchant’s customers, and Merchant hereby assigns to you for correction. YOU GRANT BANK A LIEN AND SECURITY INTEREST IN THE SETTLEMENT ACCOUNT, THE RESERVE ACCOUNT, ALL ITEMS (INCLUDING FUTURE ITEMS), ANY RIGHTS TO RECEIVE CREDITS OR PAYMENTS UNDER THIS AGREEMENT AND ALL DEPOSITS AND OTHER PROPERTY OF YOURS THAT BANK OR ITS AFFILIATES MAINTAIN (INCLUDING THE PROCEEDS THEREOF), AND YOU WILL EXECUTE, DELIVER ANY PAY THE FEES FOR ANY DOCUMENTS WE REQUEST TO CREATE, PERFECT, MAINTAIN AND ENFORCE THIS SECURITY INTEREST. TO THE EXTENT PERMITTED BY LAW, YOU IRREVOCABLY AUTHORIZE BANK TO EXECUTE ANY FINANCING STATEMENTS OR OTHER DOCUMENTS NECESSARY RELATED TO THIS SECURITY INTERESTBank the rights to make claims or receive the benefits thereof with respect to Card transactions hereunder. Merchant represents and warrants that (i) Merchant has good and valid rights and title to the property described herein, (ii) Merchant has full power and authority to grant to Bank the security interest pursuant hereto and to execute, deliver and perform its obligations in accordance with the terms of this Agreement, without the consent or approval of any other person or entity, (iii) no other person or entity has a security interest therein or lien in any of the property described herein and that (iv) this security interest is a first lien security interest and secures your Merchant’s obligations to us Bank under this Agreement. Bank shall have all rights of a secured party and Merchant must obtain the prior written consent of Bank before granting any subsequent security interestinterest or lien in the property described herein. Merchant agrees that it is Merchant’s intent that these accounts and secured property shall to the extent allowed by applicable law not be subject to any preference, claim, or stay by reason of any bankruptcy or insolvency law. Merchant agrees to act consistently with the understanding that said accounts and secured property under this Agreement are free of all such preferences, claims or stays by reason of and as allowed by any such law.