Common use of Recoupment of Chargebacks Clause in Contracts

Recoupment of Chargebacks. In the event of Merchant’s default in payment of chargebacks, Merchant and Guarantor(s) agree: (i) that all personal Bank accounts standing in their names shall be subject to this Agreement and ACH debits; (ii) all ACH debits, whether made against Merchant’s Account or a Guarantor’s personal account shall bear a commercial account code designation (CCD) for purposes of electronic collection via the ACH system; and (iii) Merchant and/or Guarantor(s) irrevocably consent to Service Provider utilizing any means available to locate such deposit accounts until such time when all amounts due have been satisfied. Service Provider may enforce this security interest as applicable by: (a) making an immediate debit/charge via the ACH system (code CCD) to any deposit account standing in the name or names of Merchant and/or Guarantor(s), without notice or demand of any kind; and/or interrupting the electronic transmission of funds to any account through the ACH system; (b) freezing the Designated Account and Reserve Account, without notice or demand of any kind; (c) taking possession of any or all of Merchant’s Sales Drafts; (d) taking possession of any and/or all of Merchant’s electronic terminals, printers, imprinters, and imprinter plates; (e) by placing a receiver within Merchant’s place of business without notice or bond to intercept and collect all income derived from Merchant’s operations until such time as any indebtedness owed to Service Provider arising under this Agreement has been satisfied in full; (f) by obtaining either a writ of attachment or a writ of possession without bond pertaining to Merchant and/or Guarantor(s)’s personal property upon a showing of a presumption that Merchant has committed an act of fraud or is about to misappropriate funds to which it is not entitled. Merchant shall provide any statement or notice that Service Provider determines to be necessary in order to preserve and protect this security interest. The granting of this security interest by Merchant and/or Guarantor(s) in no way limits Merchant’s liabilities to Service Provider under this Agreement.

Appears in 3 contracts

Samples: Merchant Processing Agreement Terms and Conditions, Merchant Processing Agreement Terms and Conditions, Merchant Agreement

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Recoupment of Chargebacks. In the event of Merchant’s default in payment of chargebacksChargebacks, Merchant and Guarantor(s) agree: (i) that all personal Bank bank accounts standing in their names shall be subject to this Agreement and ACH debits; (ii) all ACH debits, whether made against Merchant’s Account or a Guarantor’s personal account shall bear a commercial account code designation (CCD) for purposes of electronic collection via the ACH system; and (iii) Merchant and/or Guarantor(s) irrevocably consent to Service Provider Bank and Com pany utilizing any means available to locate such deposit accounts until such time when all amounts due have been satisfied. Service Provider Bank or Company may enforce this security interest as applicable by: (a) making an immediate debit/charge via the ACH system (code CCD) to any deposit account standing in the name or names of Merchant and/or Guarantor(s), without notice or demand of any kind; and/or interrupting the electronic transmission of funds to any account through the ACH system; (b) freezing the Designated Account and Reserve Account, without notice or demand of any kind; (c) taking possession of any or all of Merchant’s Sales Drafts; (d) taking possession of any and/or all of Merchant’s electronic terminals, printers, imprinters, and imprinter plates; (e) by placing a receiver within Merchant’s place of business without notice or bond to intercept and collect all income derived from Merchant’s operations until such time as any indebtedness owed to Service Provider Bank arising under this Agreement has been satisfied in full; (f) by obtaining either a writ of attachment or a writ of possession without bond pertaining to Merchant and/or Guarantor(s)’s personal property upon a showing of a presumption that Merchant has committed an act of fraud or is about to misappropriate funds to which it is not entitled. Merchant shall provide any statement or notice that Service Provider Bank determines to be necessary in order to preserve and protect this security interest. The granting of this security interest by Merchant and/or Guarantor(s) in no way limits Merchant’s liabilities to Service Provider Bank and Company under this Agreement.

Appears in 2 contracts

Samples: Merchant Processing Agreement, Merchant Processing Agreement

Recoupment of Chargebacks. In the event of Merchant’s default in payment of chargebacks, Merchant and Guarantor(s) agree: (i) that all personal Bank accounts standing in their names shall be subject to this Agreement and ACH debits; (ii) all ACH debits, whether made against Merchant’s Account or a Guarantor’s personal account shall bear a commercial account code designation (CCD) for purposes of electronic collection via the ACH system; and (iii) Merchant and/or Guarantor(s) irrevocably consent to Service Provider Bank utilizing any means available to locate such deposit accounts until such time when all amounts due have been satisfied. Service Provider Bank may enforce this security interest as applicable by: (a) making an immediate debit/charge via the ACH system (code CCD) to any deposit account standing in the name or names of Merchant and/or Guarantor(s), without notice or demand of any kind; and/or interrupting the electronic transmission of funds to any account through the ACH system; (b) freezing the Designated Account and Reserve Account, without notice or demand of any kind; (c) taking possession of any or all of Merchant’s Sales Drafts; (d) taking possession of any and/or all of Merchant’s electronic terminals, printers, imprinters, and imprinter plates; (e) by placing a receiver within Merchant’s place of business without notice or bond to intercept and collect all income derived from Merchant’s operations until such time as any indebtedness owed to Service Provider Bank arising under this Agreement has been satisfied in full; (f) by obtaining either a writ of attachment or a writ of possession without bond pertaining to Merchant and/or Guarantor(s)’s personal property upon a showing of a presumption that Merchant has committed an act of fraud or is about to misappropriate funds to which it is not entitled. Merchant shall provide any statement or notice that Service Provider Bank determines to be necessary in order to preserve and protect this security interest. The granting of this security interest by Merchant and/or Guarantor(s) in no way limits Merchant’s liabilities to Service Provider Bank under this Agreement.

Appears in 2 contracts

Samples: Merchant Processing Agreement Terms and Conditions, Merchant Processing Agreement Terms and Conditions

Recoupment of Chargebacks. In the event of Merchant’s default in payment of chargebacksChargebacks, Merchant and Guarantor(s) agree: (i) that all personal Bank bank accounts standing in their names shall be subject to this Agreement and ACH debits; (ii) all ACH debits, whether made against Merchant’s Account or a Guarantor’s personal account account, shall bear a commercial account code designation (CCD) for purposes of electronic collection via the ACH system; and (iii) Merchant and/or and Guarantor(s) irrevocably consent to Service Provider Bank and Company utilizing any means available to locate such deposit accounts until such time when all amounts due have been satisfied. Service Provider Bank and Company may enforce this security interest as applicable by: (a) making an immediate debit/charge via the ACH system (code CCD) to any deposit account standing in the name or names of Merchant and/or or Guarantor(s), without notice or demand of any kind; and/or and interrupting the electronic transmission of funds to any account through the ACH system; (b) freezing the Designated Account and Reserve Account, without notice or demand of any kind; (c) taking possession of any or all of Merchant’s Sales Drafts; (d) taking possession of any and/or and all of Merchant’s electronic terminals, printers, imprinters, and imprinter plates; (e) by placing a receiver within Merchant’s place of business without notice or bond to intercept and collect all income derived from Merchant’s operations until such time as any indebtedness owed to Service Provider Bank or Company arising under this Agreement has been satisfied in full; (f) by obtaining either a writ of attachment or a ora writ of possession without bond pertaining to Merchant and/or or Guarantor(s)’s personal property upon a showing of a presumption reasonable ground to believe that Merchant Xxxxxxxx has committed an act of fraud or is about to misappropriate funds to which it is not entitled. Merchant shall provide any statement or notice that Service Provider Bank or Company determines to be necessary in order to preserve and protect this security interest. The granting of this security interest by Merchant and/or Xxxxxxxx and Guarantor(s) in no way limits Merchant’s liabilities to Service Provider Bank and Company under this Agreement.

Appears in 1 contract

Samples: Merchant Processing Agreement Terms and Conditions

Recoupment of Chargebacks. In the event of Merchant’s default in payment of chargebacks, Merchant and Guarantor(s) agree: (i) that all personal Bank accounts standing in their names shall be subject to this Agreement and ACH debits; (ii) all ACH debits, whether made against Merchant’s Account or a Guarantor’s personal account shall bear a commercial account code designation (CCD) for purposes of electronic collection via the ACH system; and (iii) Merchant and/or Guarantor(s) irrevocably consent to Service Provider Bank utilizing any means available to locate such deposit accounts until such time when all amounts due have been satisfied. Service Provider Bank may enforce this security interest as applicable by: (a) making an immediate debit/charge via the ACH system (code CCD) to any deposit account standing in the name or names of Merchant and/or Guarantor(s), without notice or demand of any kind; and/or interrupting the electronic transmission of funds to any account through the ACH system; (b) freezing the Designated Account and Reserve Account, without notice or demand of any kind; (c) taking possession of any or all of Merchant’s Sales Drafts; (d) taking possession of any and/or all of Merchant’s electronic terminals, printers, imprinters, and imprinter plates; (e) by placing a receiver within Merchant’s place of business without notice or bond to intercept and collect all income derived from Merchant’s operations until such time as any indebtedness owed to Service Provider Bank arising under this Agreement has been satisfied in full; (f) by obtaining either a writ of attachment or a writ of possession without bond pertaining to Merchant and/or Guarantor(s)’s personal property upon a showing of a presumption that Merchant Xxxxxxxx has committed an act of fraud or is about to misappropriate funds to which it is not entitled. Merchant shall provide any statement or notice that Service Provider Bank determines to be necessary in order to preserve and protect this security interest. The granting of this security interest by Merchant Xxxxxxxx and/or Guarantor(s) in no way limits Merchant’s liabilities to Service Provider Bank under this Agreement.

Appears in 1 contract

Samples: Merchant Processing Agreement Terms and Conditions

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Recoupment of Chargebacks. In the event of Merchant’s default in payment of chargebacksChargebacks and/or Penalties, Merchant and Guarantor(s) agree: (i) that all personal Bank accounts standing in their names shall be subject to this Agreement and ACH debits; (ii) all ACH debits, whether made against Merchant’s Designated Account or a Guarantor’s personal account shall bear a commercial account code designation (CCD) for purposes of electronic collection via the ACH system; and (iii) Merchant and/or Guarantor(s) irrevocably consent consents to Service Provider utilizing any commercially reasonable means available to locate such deposit accounts until such time when all amounts due have been satisfied. Service Provider may enforce this security interest as applicable by: (a) making an immediate debit/charge via the ACH system (code CCD) to any deposit account standing in the name or names of Merchant and/or Guarantor(s)Merchant, without notice or demand of any kind; and/or interrupting the electronic transmission of funds to any account through the ACH system; (b) freezing the Designated Account and Reserve Account, without notice or demand of any kind; (c) taking possession of any or all of Merchant’s Sales Drafts; (d) taking possession of any and/or all of Merchant’s electronic terminals, printers, imprinters, and imprinter plates; (e) by placing a receiver within Merchant’s place of business without notice or bond to intercept and collect all income derived from Merchant’s operations until such time as any indebtedness owed to Service Provider arising under this Agreement has been satisfied in full; (f) by obtaining either a writ of attachment or a writ of possession without bond pertaining to Merchant and/or Guarantor(s)’s personal property upon a showing of a presumption that Merchant has committed an act of fraud or is about to misappropriate funds to which it is not entitled. Merchant shall provide any statement or notice that Service Provider determines to be necessary in order to preserve and protect this security interest. The granting of this security interest by Merchant and/or Guarantor(s) in no way limits Merchant’s liabilities to Service Provider under this Agreement.

Appears in 1 contract

Samples: Merchant Processing Agreement Terms and Conditions

Recoupment of Chargebacks. In the event of Merchant’s default in payment of chargebacksChargebacks, Merchant and Guarantor(s) agree: (i) that all personal Bank bank accounts standing in their names shall be subject to this Agreement and ACH debits; (ii) all ACH debits, whether made against Merchant’s Account or a Guarantor’s personal account account, shall bear a commercial account code designation (CCD) for purposes of electronic collection via the ACH system; and (iii) Merchant and/or and Guarantor(s) irrevocably consent to Service Provider Bank and Company utilizing any means available to locate such deposit accounts until such time when all amounts due have been satisfied. Service Provider Bank and Company may enforce this security interest as applicable by: (a) making an immediate debit/charge via the ACH system (code CCD) to any deposit account standing in the name or names of Merchant and/or or Guarantor(s), without notice or demand of any kind; and/or and interrupting the electronic transmission of funds to any account through the ACH system; (b) freezing the Designated Account and Reserve Account, without notice or demand of any kind; (c) taking possession of any or all of Merchant’s Sales Drafts; (d) taking possession of any and/or and all of Merchant’s electronic terminals, printers, imprinters, and imprinter plates; (e) by placing a receiver within Merchant’s place of business without notice or bond to intercept and collect all income derived from MerchantXxxxxxxx’s operations until such time as any indebtedness owed to Service Provider Bank or Company arising under this Agreement has been satisfied in full; (f) by obtaining either a writ of attachment or a ora writ of possession without bond pertaining to Merchant and/or or Guarantor(s)’s personal property upon a showing of a presumption reasonable ground to believe that Merchant Xxxxxxxx has committed an act of fraud or is about to misappropriate funds to which it is not entitled. Merchant shall provide any statement or notice that Service Provider Bank or Company determines to be necessary in order to preserve and protect this security interest. The granting of this security interest by Merchant and/or Xxxxxxxx and Guarantor(s) in no way limits Merchant’s liabilities to Service Provider Bank and Company under this Agreement.

Appears in 1 contract

Samples: Merchant Processing Agreement

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