Reimbursement for Losses. If, as a result of any claim made by Bank against any third party (including, but not limited to, an insurer), Bank actually receives from such third party cash proceeds (or non-cash proceeds, whether in the form of goods or services) which represent, in whole or in part, compensation for or reimbursement of losses or costs actually incurred by Company, then Bank will hold that portion of such proceeds fairly allocable to Company (taking into consideration all losses or costs actually incurred by all parties for whose benefit such payments have been received) in trust on behalf of Company and will promptly pay over to Company such allocable amount of any such cash proceeds (or, as to non-cash proceeds, the allocable portion or, at the discretion of Bank, the cash equivalent thereof).
Appears in 8 contracts
Samples: Program Agreement (Alliance Data Systems Corp), Program Agreement (Alliance Data Systems Corp), Program Agreement (Alliance Data Systems Corp)
Reimbursement for Losses. If, as a result of any claim made by the Bank against any third party (including, but not limited to, an insurer), the Bank actually receives from such third party cash proceeds (or non-cash proceeds, whether in the form of goods or services) which represent, in whole or in part, compensation for or reimbursement of losses or costs actually incurred by the Company, then the Bank will hold that portion of such proceeds fairly allocable to the Company (taking into consideration all losses or costs actually incurred by all parties for whose benefit such payments have been received) in trust on behalf of the Company and will promptly pay over to the Company such allocable amount of any such cash proceeds (or, as to non-cash proceeds, the allocable portion or, at the discretion of the Bank, the cash equivalent thereof).
Appears in 6 contracts
Samples: Credit Card Processing Agreement (Alliance Data Systems Corp), Credit Card Processing Agreement (Alliance Data Systems Corp), Processing Agreement (Alliance Data Systems Corp)
Reimbursement for Losses. If, as a result of any claim made by the Bank against any third party (including, but not limited to, an insurer), the Bank actually receives from such third party cash proceeds (or non-cash proceeds, whether in the form of goods or services) which represent, in whole or in part, compensation for or reimbursement of losses or costs actually incurred by the Company, then the Bank will hold that portion of such proceeds fairly allocable to the Company (taking into consideration all losses or costs actually incurred by all parties for whose benefit such payments have been received) in trust on behalf of the Company and will promptly pay over to the Company such allocable amount of any such cash proceeds (or, as to non-cash proceeds, the allocable portion or, at the discretion of the Bank, the cash equivalent thereof).
Appears in 3 contracts
Samples: Credit Card Processing Agreement (Alliance Data Systems Corp), Credit Card Processing Agreement (Alliance Data Systems Corp), Credit Card Processing Agreement (Alliance Data Systems Corp)
Reimbursement for Losses. If, as a result of any claim made by ------------------------ the Bank against any third party (including, but not limited to, an insurer), the Bank actually receives from such third party cash proceeds (or non-cash proceeds, whether in the form of goods or services) which represent, in whole or in part, compensation for or reimbursement of losses or costs actually incurred by the Company, then the Bank will hold that portion of such proceeds fairly allocable to the Company (taking into consideration all losses or costs actually incurred by all parties for whose benefit such payments have been received) in trust on behalf of the Company and will promptly pay over to the Company such allocable amount of any such cash proceeds (or, as to non-cash proceeds, the allocable portion potion or, at the discretion of the Bank, the cash equivalent thereof).
Appears in 1 contract
Samples: Credit Card Processing Agreement (Charming Shoppes Inc)