Retail Portfolio Acquisition. Notwithstanding Section 2.2(a), the Bank’s sole rights with respect to Credit Card portfolios acquired by the Company and its Subsidiaries during the Term, including New Portfolios, are set forth in Article XIV hereof.
Retail Portfolio Acquisition. Notwithstanding Section 2.2(a), Bank’s sole rights with respect to Credit Card portfolios acquired by NMG during the Term are set forth in Article XIV hereof.
Retail Portfolio Acquisition. The parties agree as set forth on Schedule 13.1 with respect to retail portfolio acquisitions.
Retail Portfolio Acquisition. In the event that Company purchases another retailer in the United States, or any operations, stores or other channels thereof, and the acquired retail operations or locations will bear a Company Licensed Xxxx or other xxxx using the Company name (any of the foregoing, an “Acquired Retailer”), and the acquired retailer directly or through a third party has a private * 67 label Credit Card and/or co-branded Credit Card portfolio (the “Acquired Retailer Portfolio”), the terms set forth in Schedule 12.1 shall apply.
Retail Portfolio Acquisition. Notwithstanding Section 2.2(a), Bank's sole rights with respect to Credit Card portfolios acquired by FDS or its Affiliates during the Term are set forth in Section 2.3 hereof. The limitations, restrictions and procedures set forth in Section 2.2(d) shall not apply to debit card portfolios acquired by FDS or its Affiliates, and Bank shall have no rights with respect to any such acquired portfolios.
Retail Portfolio Acquisition. (a) In the event that Dillard's purchases another retailer, or any stores or other channels thereof, that directly or through a third party has a proprietary or co-branded credit card portfolio, Bank agrees to participate in the purchase of some or all of the credit card business of such retailer in the following manner.
(i) Retailer that Operates a Credit Card Business. In connection with Dillard's purchase of any portion of the retail operations of a retailer that directly or through an Affiliate provides a proprietary or co-branded credit card, Bank agrees to negotiate in good faith a joint bid with Dillard's to acquire the related credit card business offered for sale by such retailer in connection with Dillard's acquisition of the retailer, or any of its stores or other channels. In the event that the bid is successful, Bank shall be solely responsible for funding the portion of the purchase price allocable to the credit card portfolio, taking into account the entire financial terms of this Agreement, including the same revenue share percentage as provided under Section 7.3(a) hereof. If Dillard's and Bank cannot agree on the portion of the purchase price to be allocated to the credit card portfolio, Bank shall nonetheless consummate such purchase on commercially reasonable terms and conditions, and the parties shall promptly submit the dispute regarding purchase price allocation for resolution pursuant to Section 10.2. Pending the outcome of the dispute resolution procedures set forth at Section 10.2, Bank shall fund the portion of the purchase price equal to (A) its last good faith offer, which shall be no less than the book value of any receivables acquired, plus (B) one half (1/2) of the difference between the amounts Dillard's and Bank respectively believe should be allocated to the credit card portfolio purchase price. If Bank fails to acquire such credit card portfolio, Dillard's shall have the right to purchase and operate such retailer's credit card business itself or to engage a third party to do so. If Dillard's, directly or with a third party, acquires the credit card business of another retailer pursuant to this provision and this Agreement otherwise continues in effect, Section 2.5 shall not apply to such acquired credit card business or to the associated acquired retail operations, including any growth thereof. In such event, Bank shall use commercially reasonable efforts to assist Dillard's in the conversion and servicing of the portfo...
Retail Portfolio Acquisition. Notwithstanding this Section 2.5, Bank’s sole rights with respect to credit card portfolios acquired by Kohl’s or its Affiliates are set forth in Schedule 13.1.
Retail Portfolio Acquisition. Notwithstanding Section 2.5(a), Bank's sole rights with respect to credit card portfolios acquired by Dillard's or its Affiliates are set forth in Section 2.6 below.
Retail Portfolio Acquisition. Bank and Kohl’s agree as set forth in Schedule 13.1 with respect to retail portfolio acquisitions.
Retail Portfolio Acquisition. Notwithstanding Section 2.5(a), Bank's sole rights with respect to credit card portfolios acquired by Blair or its Affiliates are set forth in Section 2.6 below.
