TENTH ADDENDUM TO APPENDIX A OF FOURTH AMENDED AND RESTATED SERVICE AGREEMENT
Exhibit 99.2
TENTH ADDENDUM TO APPENDIX A OF
This Tenth Addendum to Appendix A of that certain Fourth Amended and Restated Service Agreement (the "Addendum") is entered into as of this 30th day
of April, 2023, by and between Comenity Bank (“Bank”), a Delaware state bank, with its principal place of business at Xxx Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxx 00000 and Comenity Servicing LLC (“Servicer”), a Texas limited liability company with its principal place of business at 0000 Xxxxxxx Xxxxxx, Xxxxxxxx Xxxx 00000.
RECITALS
WHEREAS, Bank and Servicer entered into that certain Fourth Amended and Restated Service Agreement as of June 1, 2022, (the “Agreement”) to
outsource certain services to Servicer; and
WHEREAS, Bank and Servicer desire to modify certain Performance Standards set forth in Exhibit A
to the Agreement.
NOW, THEREFORE, in consideration of the mutual agreements hereinafter set forth, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, Bank and Servicer agree as follows:
1. Performance Standards. Bank and Servicer agree to amend the Performance Standards set forth in Appendix A to the Agreement, such that
certain Performance Standards are hereby deleted as set forth in further detail in Exhibit A hereto.
2. Effective Date: The deletions to the Performance Standards, as set forth in Exhibit A hereto, shall be effective as of the first day of
the month following the month in which this Addendum is executed.
3. Miscellaneous. Capitalized terms not otherwise defined in this Addendum shall have the meanings assigned to them in the Agreement. Other than as set forth above and in Exhibit A hereto, the parties agree that the Agreement, as amended by this Addendum, shall continue in full force and effect. The parties may execute this Addendum in one or more counterparts, each of which
shall be deemed an original, but all of which shall constitute but one and the same instrument.
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IN WITNESS WHEREOF, the
parties have caused this Addendum to be executed by their authorized officers effective as of the date first written above.
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Comenity Bank
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By:
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/s/ Xxxxx Xxxxxxxxxx
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Name:
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Xxxxx Xxxxxxxxxx
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Title:
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Comenity Bank President
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Comenity Servicing LLC
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By:
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/s/ Xxxxx XxXxxxxxxxxx
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Name:
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Xxxxx XxXxxxxxxxxx
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Title:
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EVP, Chief Credit Risk and
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Operations Officer
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EXHIBIT A
SECTION I: SERVICES AND PERFORMANCE STANDARDS APPLICABLE TO ALL COMENITY BANK PRODUCTS
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Deletions. Set forth below are Performance Standards which shall be
deleted from Appendix A to the Agreement.
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Service
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Performance Standard
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Measuring
Period
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Deleted
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BSA/AML
• Support day-to-day functions of the Compliance function in the areas of BSA/AML/OFAC, to ensure all regulatory requirements are met.
• Initiate review of Watch List Filtering, Suspicious Activity Monitoring, and OFAC alerts.
• Support reporting for senior Bank management, committees and boards as requested.
• Analyze account and customer activity to determine if Currency Transaction Reports (CTRs) are warranted.
• Prepare and support CTRs reporting to senior bank management, committees and boards.
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File currency transaction reports within regulatory requirements or applicable policy or procedural timing requirements.
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M
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Deleted
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Report 100% of matches to FinCEN within the reporting deadline stated in the information request.
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M
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Deleted
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