Second-Look Credit Card Program. Notwithstanding Section 2.2(a), NMG and its Affiliates shall have the right at any time during the Term to establish a program (a “Second-Look Credit Card Program”) for (i) issuing Credit Cards, including Private Label Credit Cards and Dual-Line Credit Cards, using the NMG Licensed Marks, or (ii) opening Non-Card Payment Plans, in each case, to customers whose Applications have been declined by Bank; provided, however, that Bank shall have a right of first offer to develop the Second-Look Credit Card Program as follows. NMG shall provide notice to Bank indicating the intention of NMG or its applicable Affiliate(s) to establish the Second-Look Credit Card Program. Not later than the 20th day following receipt of the notice by Bank, Bank may make an offer to NMG with respect to the establishment of the Second-Look Credit Card Program, which offer shall remain open for a period of not less than forty-five (45) days. NMG shall be under no obligation to accept such offer or to provide Bank with any right to match any offer received by NMG from any third party. NMG may elect to (A) accept the offer made by Bank, (B) establish the Second-Look Credit Card Program directly or through any of its Affiliates, or (C) enter into an arrangement with any third party Credit Card issuer providing for the establishment of a Second-Look Credit Card Program to be issued by such issuer; provided that NMG may not enter into any such arrangement with any such third party Credit Card issuer unless the financial terms and conditions offered to NMG by such Credit Card issuer are substantially more favorable to NMG in the aggregate to the terms and conditions offered to NMG by Bank. If NMG elects to establish a Second-Look Credit Card Program pursuant to clause (B) or (C) above, upon the request of any NMG Company, Bank shall forward to the NMG Companies or a provider of secondary financing the Applications received by Bank with respect to such customers and shall cooperate in good faith with the NMG Companies in order to facilitate the issuance of Credit Cards or Non-Card Payment Plans, as applicable, to such customers pursuant to such program.
Second-Look Credit Card Program. Notwithstanding Section 2.5(a), Company shall have the right at any time during the Term, at its sole expense, to establish a program offered by Company directly or through one or more third parties, for issuing credit cards, including co-branded or private label credit cards using the Company Licensed Marks or other xxxx using the Company name, to Company Guests whose Credit Card Applications are declined pursuant to the Risk Management Policies and/or whose Accounts are being closed by Bank in accordance with the Risk Management Policies (“Second Look Program”). Without limiting Company’s confidentiality obligations pursuant to this Agreement, at Company’s reasonable discretion, to the extent permitted by Applicable Law, the Second Look Program may be similar or identical to the Program in its terms, features, positioning and appearance. Company will use its commercially reasonable efforts and take actions reasonably requested by Bank to ensure that such Second Look Program will not cause consumer confusion as to which financial institution is underwriting and providing lending for the Second Look Program. To the extent permitted by Applicable Law, Bank shall, at Company’s expense, take the following actions in relation to the Second Look Program: (i) with prior notice to the Applicant, passing Credit Card Application data for Applicants that have been or would be declined by Bank to the Second Look Program provider (and amending the Credit Card Application and/or Program Privacy Notice as required by Applicable Law to enable such use of Applicant data), (ii) allowing the Second Look Program provider to use, on a real-time basis and to the extent permitted by Applicable Law, information collected by Company or Bank in connection with Applicants that have been or would be declined by Bank and Accounts that would be closed, (iii) collaborating with Company and the Second Look Program provider to offer combined Account Documentation (e.g., Credit Card Applications and Credit Card Agreements), and (iv) facilitating the seamless coordination of any Second Look Program and the Program.
Second-Look Credit Card Program. Notwithstanding Section 2.2(a), FDS and its Affiliates shall have the right at any time during the Term to establish a program (a "Second Look Program") for issuing Credit Cards, including Private Label Credit Cards and Co-Branded Credit Cards, using the FDS Licensed Marks, to customers whose Credit Card Applications have been declined by Bank (and customers who were granted credit under the Program, but for whom the credit granted is not sufficient to accommodate the purchase of any FDS Goods and Services). Upon the request of any FDS Company, Partner shall forward to the FDS Companies or a provider of secondary financing the Credit Card Applications with respect to such customers and shall take such other actions as are reasonably requested by the FDS Companies in order to facilitate the issuance of Credit Cards to such customers pursuant to any Second Look Program.
Second-Look Credit Card Program. The Parties’ agreement concerning the Second-Look Program is set forth on Schedule 2.2(b).
Second-Look Credit Card Program. Notwithstanding Section 2.5(a), Dillard's shall have the right at any time during the Term of this Agreement to establish an unadvertised program for issuing credit cards, including private label credit cards using the Dillard's Licensed Marks, to customers whose Credit Card Applications have been declined by Bank, provided that Dillard's shall ensure that if the Dillard's Licensed Marks are used in connection with such program, they are used in a manner which clearly differentiates them from the use of the Dillard's Licensed Marks in the Program. Notwithstanding the foregoing, Dillard's shall have the right to include references to such credit cards in any materials listing approved forms of payment, and to provide applications and brochures for such program to customers whose Credit Card Applications have been declined by Bank.
Second-Look Credit Card Program. Notwithstanding Section 2.2(a), Company and its Affiliates shall have the right at any time during the Term to establish a program (the “Second Look Program”) for issuing Credit Cards, using the Company Licensed Marks, to customers (i) whose Applications have been declined by the Bank or (ii) whose Accounts have been closed by the Bank for any reason. Upon the request of the Company, to the extent permitted by Applicable Law, the Bank shall forward to the Company or a provider of secondary financing the Applications or Account information with respect to such customers and shall take such other actions as are reasonably requested by the Company in order to facilitate the issuance of Credit Cards to such customers pursuant to such program.
Second-Look Credit Card Program. Notwithstanding Section 2.5(a), Blair shall have the right at any time during the Term of this Agreemxxx, itself or through a third party, to establish an unadvertised program for issuing credit cards, including private label credit cards using Blair Licensed Marks, to customers whose applications have been declixxx xy Bank, provided that Blair shall ensure that if Blair Licensed Marks are used in connectiox xxxh such program, they axx xxed in a manner which clearly differentiates them from the use of Blair Licensed Marks in the Program. Blair shall have the right to inxxxxx references to such credit cards xx xny materials listing approved forms of payment, and to provide applications and brochures for such program to customers whose Account applications have been declined by Bank, provided, however, that if any of such materials contain a reference to the Program, Blair shall first seek the approval of Bank, which approval shall not xxxxasonably be withheld, conditioned or delayed.
