To Merchant a. by First Class Mail, return receipt requested, at the Merchant’s business address listed in this Agreement;
b. by facsimile at Merchant’s fax number currently on file;
c. by electronic mail at the Merchant’s email address currently on file; or
d. by posting notice to the Merchant Portal, which shall be effective at the next Merchant login to the Merchant Portal.
To Merchant. In the event the Agent fails to provide Merchant with such timely notice, Agent shall be liable for and pay Occupancy Expenses for the days by which notice of a Store closing was less than seven (7) days.
To Merchant. A fully countersigned copy of this Merchant Agreement shall be made available to MERCHANT upon request. However, MERCHANT and the undersigned hereby acknowledge and agree that submission of an Application does not constitute approval and that this Merchant Agreement, whether or not signed by COMPANY or BANK, will become fully effective and shall be fully binding upon the parties hereto upon COMPANY’s assignment and issuance of a Merchant Account Number to MERCHANT.
To Merchant. (i) Gander Mountain Company, 000 Xxxx Xxxxx Xxxxxx, Xxxxx 0000, Xx. Xxxx, MN 55101, Attn: Xxxxx Xxxxxxxxxxx, Facsimile: , Email: XXxxxxxxxxxx@xxxxxxxxxxxxxxxxxxxx.xxx and (ii) Xxxxxxxxxx & Xxxxx, P.A. Attn: Xxxx Xxxxxx, Esq., Facsimile: (000) 000-0000, Email: xxxxxxx@xxxxxxx.xxx; (b) To Consultant: (i) Tiger Capital Group, LLC, 00 Xxxxx Xxxxxx, 00xx Xxxxx, Xxxxxx, XX 00000, Attn: Xxxxxxx XxXxxxx, Facsimile: (000) 000-0000, Email: xxxxxxxx@xxxxxxxxxx.xxx, (ii) Great American Group, 00000 Xxxxxxx Xxxx, Xxxxxxxx Xxxxx, XX 00000, Attn: Xxxxx Xxxxxxxxx, President GA Retail, and Xxxx X. Xxxxxx, EVP & GC, Facsimile: (000) 000-0000, Email: xxxxxxxxxx@xxxxxxxxxxxxx.xxx and xxxxxxx@xxxxxxxxx.xxx and (iii) Xxxxx Xxxxxx Xxxxxxxx & Xxxxxx P.C., 000 Xxxxxxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxx, XX 00000, Attn: Xxxxxx X. Xxxxxxxxx, Esq., Facsimile: (000) 000-0000, Email: xxxxxxxxxx@xxxxxxx.xxx; (c) To Lenders: (i) Xxxxx Fargo Bank, N.A., One Boston Place, 18th Floor, Attn: Xxxxx Xxxxx, Fax: (000) 000-0000, Email: xxxxx.xxxxx@xxxxxxxxxx.xxx, and
To Merchant at the address listed above;
To Merchant. To: ProMedia
To Merchant. (a) by First Class Mail, return receipt requested, at the Merchant’s business address listed in this Agreement;
(b) by facsimile at Merchant’s fax number currently on file;
(c) by electronic mail at the Merchant’s email address currently on file;
(d) by posting notice to the Merchant Portal, w hich shall be effective at the next Merchant login to the Merchant Portal.
To Merchant. In the event the Agent fails to provide Merchant with such timely notice, Agent shall be liable for and pay the actual amounts payable to landlords for the days by which notice of a Store closing was less than ten (10) days.
To Merchant. As a guaranty of Agent's performance hereunder, Merchant shall receive from Agent the sum of 42.15% of the aggregate Retail Price of the Merchandise, except for (a) fresh, current new in-season Merchandise which is consistent as to type, quality and mix as Merchandise presently located at the Stores and which is described on Exhibit 3.1
To Merchant. Upon its receipt of written notice of the Shortfall, Company shall remit the same within thirty (30) days.
