References to FCI Sample Clauses

References to FCI. The parties agree that references in the Purchase Agreement to "Fingerhut" or the "Seller" shall be deemed to refer, on and after the Effective Date and wherever appropriate in the context, to Metris. 21
Sample 1
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References to FCI. (a) Except for the definition of "FCI" in Section 1.1 of the Pooling and Servicing Agreement and as otherwise provided by Section 3 and by Section 4(b), (c), and (d) hereof, the Pooling and Servicing Agreement shall be amended by replacing all references to "FCI" with "Metris." (b) Section 3.9 of the Pooling and Servicing Agreement shall be amended by deleting the reference to "FCI" therein and replacing it with "Metris and, for so long as FCI owns any common stock of Metris, FCI." (c) Section 9.2(a) of the Pooling and Servicing Agreement shall be amended by deleting (i) the phrase "or FCI" therein, and (ii) the following at the end of the third sentence of Section 9.2(a)(ii): "; provided, however, that in the event the Insolvency Event at issue shall have occurred with respect to FCI, the Trust shall not be reconstituted unless the Trustee shall have first received an Opinion of Counsel to the effect that the Trust, as reconstituted, shall not be subject to Federal or any Applicable Tax State income tax on its income." (d) Schedule 1 to the Pooling and Servicing Agreement entitled "Tax Returns and Payments" shall be amended by deleting all references to "FCI" therein and replacing them with "FCI, for so long as FCI owns 80% or more of the common stock of Metris," and such schedule may be replaced in its entirety at such time as FCI owns less than 80% of the common stock of Metris. Schedule 1 to the Pooling and Servicing Agreement shall be further amended to (i) add to the list of states in the second sentence thereof the states of Oklahoma, South Dakota and Utah, (ii) add to the list of states in the third sentence thereof the states of Indiana, New Jersey, Pennsylvania and Virginia and (iii) add the following language at the end: In addition, because one of the subsidiaries of Metris, Direct Merchants Credit Card Bank, National Association, is a national banking entity (established in 1995) which derives the majority of its income from Mastercard credit cards, it may be subject to special financial institution rules in certain states. Such rules attempt to impute state income tax nexus to a credit card company if it obtains finance revenue and/or has credit card receivables generated from customers in that state. Of the states that have adopted such financial institution rules, Minnesota is the only state where Metris and its subsidiaries are currently filing income or franchise tax returns. States which currently have rules pursuant to which they may at...
Sample 1

Related to References to FCI

  • References to Agreement The words “hereof”, “herein”, “hereunder”, and other words of similar import refer to this Agreement as a whole.

  • References to Sections" and "subsections" shall be to Sections and subsections, respectively, of this Agreement unless otherwise specifically provided.

  • References to Time All references in this Agreement to times of the day shall be to New York City time.

  • References to Agreements Unless otherwise stated, any reference in this Agreement to any agreement or document (including any reference to this Agreement) shall be construed as a reference to: (a) such agreement or document as amended, varied, novated or supplemented from time to time; (b) any other agreement or document whereby such agreement or document is so amended, varied, supplemented or novated; and (c) any other agreement or document entered into pursuant to or in accordance with any such agreement or document.

  • References to Documents References to this Agreement include the Schedules and Exhibits, which form an integral part hereof. A reference to any Section, Schedule or Exhibit is, unless otherwise specified, to such Section of, or Schedule or Exhibit to, this Agreement. The words “hereof,” “hereunder” and “hereto,” and words of like import, refer to this Agreement as a whole and not to any particular Section hereof or Schedule or Exhibit hereto. A reference to any document (including this Agreement) is to that document as amended, consolidated, supplemented, novated or replaced from time to time.

  • References to Subadviser During the term of this Agreement, AEFC agrees to furnish to Subadviser at its principal office all prospectuses, proxy statements, reports to shareholders, sales literature, or other material prepared for distribution to sales personnel, shareholders of the Fund or the public, which refer to Subadviser or its clients in any way, prior to use thereof and not to use such material if Subadviser reasonably objects in writing five business days (or such other time as may be mutually agreed upon) after receipt thereof. Sales literature may be furnished to Subadviser hereunder by first-class or overnight mail, electronic or facsimile transmission, or hand delivery.

  • References in Text This chapter, referred to in the introductory phrase, was in the original ‘‘this Act,’’ meaning Pub. L. 96–358, Sept. 25, 1980, 94 Stat. 1184, known as the Agricultural Subterminal Facilities Act of 1980, which enacted this chapter and amended section 1932 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables.

  • References (1) Domain Name Data Escrow Specification (work in progress), xxxx://xxxxx.xxxx.xxx/html/draft-­‐xxxxx-­‐noguchi-­‐registry-­‐data-­‐escrow (2) Domain Name Registration Data (DNRD) Objects Mapping, xxxx://xxxxx.xxxx.xxx/html/draft-­‐xxxxx-­‐xxxxxxx-­‐dnrd-­‐objects-­‐mapping (3) OpenPGP Message Format, xxxx://xxx.xxx-­‐xxxxxx.xxx/xxx/xxx0000.xxx (4) OpenPGP parameters, xxxx://xxx.xxxx.xxx/assignments/pgp-­‐parameters/pgp-­‐parameters.xhtml (5) ICANN interfaces for registries and data escrow agents, xxxx://xxxxx.xxxx.xxx/html/draft-­‐xxxxxx-­‐icann-­‐registry-­‐interfaces

  • References to Agreement and Laws Unless otherwise expressly provided herein, (a) references to formation documents, governing documents, agreements (including the Loan Documents) and other contractual instruments shall be deemed to include all subsequent amendments, restatements, extensions, supplements and other modifications thereto, but only to the extent that such amendments, restatements, extensions, supplements and other modifications are not prohibited by any Loan Document; and (b) references to any Applicable Law shall include all statutory and regulatory provisions consolidating, amending, replacing, supplementing or interpreting such Applicable Law.

  • References to Statutes Each reference to a statute or statutory provision includes any statute or statutory provision which amends, extends, consolidates or replaces the statute or statutory provision or which has been amended, extended, consolidated or replaced by the statute or statutory provision and includes any orders, regulations, by-laws, ordinances, codes of practice or instruments made under the relevant statute.

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