Unused Mall Gift Cards Sample Clauses

Unused Mall Gift Cards. TGCC shall be responsible for and shall cause compliance with all applicable local abandoned property or escheat laws. Any balance of unused Mall Gift Cards remaining after compliance with all applicable laws shall be shared equally between Operator and TGCC. TGCC shall be entitled to receive excess amounts of the revenues received from the purchasers of Mall Gift Cards as fees for its services in providing the Mall Gift Cards. Excess amounts consist of those amounts in excess of amounts determined to be necessary for TGCC to fulfill its obligations to purchasers of Mall Gift Cards and the merchants that accept the Mall Gift Cards and its obligations, if any, under applicable state laws, such as the escheat laws. TGCC shall rely upon the advice of a national accounting and/or professional services firm in determining such excess amounts from time to time.
Sample 1
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Unused Mall Gift Cards. NBO shall be responsible for and shall cause compliance with all existing applicable abandoned property or escheat laws (the "Escheat Laws"). NBO shall charge Admin Fees as described in Addendum A, Item 9 upon Cards and Accounts, except as prohibited by law. NBO shall and does hereby indemnify Customer and hold Customer harmless and, at Customer's option, will defend it from and against any and all claims, actions, costs, damages, expenses (including attorneys' and other professional fees), judgments, settlement payments, fines and liabilities incurred or suffered by Customer in connection with any failure by NBO to account for and pay over to any governmental authority any amount which escheats to any such governmental authority or which such governmental authority claims escheats to it in connection with the issuance of Mall Gift Cards. Customer shall notify NBC) of such claims Customer receives from any such governmental authority. NBO shall have the right to contest such claims, and Customer agrees to cooperate with and assist NBO, at NBO's expense, in minimizing and/or defending against such claims. All funds corresponding to unused or unusable Cards (subject to compliance with all existing applicable Escheat laws), Admin Fees, Expiration Fees, breakage and/or estimated breakage shall belong solely to and may be used by NBO as fees for services upon issuance of the Card. NBO's obligations and rights pursuant to this subsection shall survive any termination of this Agreement.
Sample 1

Related to Unused Mall Gift Cards

  • Unused Line Fee Borrower shall pay to Lender monthly an unused line fee at a rate equal to one-half (1/2%) percent per annum calculated upon the amount by which the Revolving Loan Limit exceeds the average daily principal balance of the outstanding Revolving Loans and Letter of Credit Accommodations during the immediately preceding month (or part thereof) while this Agreement is in effect and for so long thereafter as any of the Obligations are outstanding, which fee shall be payable on the first day of each month in arrears.

  • Unused Revolving Line Facility Fee A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to one quarter of one percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder; and

  • Unused Facility Fee A quarterly Unused Facility Fee equal to one quarter of one percent (0.25%) per annum of the difference between the Revolving Line and the average outstanding principal balance of Advances during the applicable quarter, which fee shall be payable within five (5) days of the last day of each such quarter and shall be nonrefundable; and

  • Minimum Amounts and Maximum Number of Eurodollar Tranches Notwithstanding anything to the contrary in this Agreement, all borrowings, conversions, continuations and optional prepayments of Eurodollar Loans hereunder and all selections of Interest Periods hereunder shall be in such amounts and be made pursuant to such elections so that, (a) after giving effect thereto, the aggregate principal amount of the Eurodollar Loans comprising each Eurodollar Tranche shall be equal to $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (b) no more than ten Eurodollar Tranches shall be outstanding at any one time.

  • Other Usages The following usages shall apply in interpreting this Agreement: (i) references to a governmental or quasi-governmental agency, authority or instrumentality shall also refer to a regulatory body that succeeds to the functions of such agency, authority or instrumentality; and (ii) “including” means “including, but not limited to.”

  • Unused Fees For each day during the term hereof that the Applicable Rate is determined pursuant to clause (a) of the definition of Applicable Rate, the Borrower shall pay a fee to the Administrative Agent for the pro rata benefit of the Lenders in an amount equal to the Unused Fee for such day. The Unused Fee shall be payable quarterly in arrears on the first Business Day of each calendar quarter and as of the Revolving Maturity Date.

  • Non-Usage Fee The Borrower shall pay to the Bank a non-usage fee on the average daily unused portion of Facility A at a rate of 0.25% per annum, payable in arrears within fifteen (15) days of the end of each calendar quarter for which the fee is owing.

  • Word Usage Words used in the masculine shall apply to the feminine where applicable, and wherever the context of this Agreement dictates, the plural shall be read as the singular and the singular as the plural.

  • Opening Availability The Eligible Accounts and Eligible Inventory supporting the initial Revolving Credit Advance and the initial Letter of Credit Obligations incurred and the amount of the Reserves to be established on the Closing Date shall be sufficient in value, as determined by Agent, to provide Borrowers with Borrowing Availability, after giving effect to the initial Revolving Credit Advance, the incurrence of any initial Letter of Credit Obligations and the consummation of the Related Transactions (on a pro forma basis, with trade payables being paid currently, and expenses and liabilities being paid in the ordinary course of business and without acceleration of sales) of at least Twenty Five Million Dollars ($25,000,000).

  • Unused Commitment Fees No Defaulting Lender shall be entitled to receive any Unused Commitment Fee for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).

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