Acquirers Clause Samples

The "Acquirers" clause defines the parties who are eligible to acquire rights or interests under the agreement, typically in the context of a merger, acquisition, or transfer of assets. This clause specifies which entities or individuals may step into the shoes of the original party, often outlining any conditions or restrictions on such transfers. For example, it may require that the acquiring party meets certain qualifications or obtains prior consent. Its core function is to ensure clarity and control over who can assume contractual rights and obligations, thereby protecting the interests of the original parties and maintaining the integrity of the agreement.
Acquirers. BlueSnap is entering into this agreement on behalf of the Acquirer identified in the BlueSnap Terms & Conditions. Transactions may be processed through either a specified or a number of different Acquirers and processing options. Access to certain Acquirers and processing options may be subject to specific requirements and procedures with which the Merchant shall comply in order to make use thereof whether such requirements are set by BlueSnap, a Card Association or Acquirer. Specific provisions required by an applicable Acquirer may be an exhibit to BlueSnap Terms And Conditions and Merchant shall comply with same. Authorization in respect of a transaction is not a guarantee of payment. The use of certain Acquirers and aggregate transaction amounts may be subject to Merchant entering into direct agreements with the respective Acquirers and upon terms that are beyond the control of BlueSnap, including where appropriate the documents set out in Exhibit 1 of the aforesaid BlueSnap Terms and Conditions or attached to said Terms And Conditions as an exhibit. Certain practices undertaken by the Merchant (such as receiving and storing Credit Card data) may require the Merchant to obtain and retain a certain PCI Level status at its own cost and/or providing proof of its financial standing. Merchant agrees that, if and when required by an Acquirer or under Card Association Rules or such other applicable industry requirement, and/or upon presentation by BlueSnap, Merchant shall enter into an applicable merchant agreement, sub-merchant agreement and/or Acquirer Agreement or as the case may be with the appropriate Acquirer(s) on the terms set forth therein by the applicable Acquirer and subsequent transactions shall be governed by such agreements in addition to this Agreement. Merchant understands and acknowledges that BlueSnap does not have authority to negotiate, facilitate or allow changes to such Acquirer Agreements or similar required terms attached as an exhibit with BlueSnap Terms And Conditions. Should the Merchant fail to promptly execute such agreements then BlueSnap may terminate this Agreement immediately upon written notice. Merchant agrees and accepts that certain Acquirers may limit transactions to specific geographic areas and set minimum and maximum permitted transaction sums, and impose certain requirements relating to transaction volumes. New Acquirers and processing options may be introduced by BlueSnap throughout the duration of this agreement, a...
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Acquirers. For clarity, the restrictions in Section 2.9(a) and Section 2.9(b) shall not apply to any Acquirer of either Party or of any of its Affiliates.
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Acquirers. 122 All economists agreed that the Proposed Agreement is likely to increase the cost to merchants of accepting EFTPOS. Moreover there was substantial agreement by them to the further proposition that the increased cost to merchants of using EFTPOS is likely to discourage them (or at least some of them) from accepting EFTPOS for low value transactions or to reduce the functionality of EFTPOS to cardholders in other ways. 123 The evidence indicates that, understandably, acquirers will seek to recover from merchants the lost revenue of negative interchange fees. Whatever the defects of the evidence as to the voluntary reduction of fees charged to cardholders by issuers, there is no suggestion at all of voluntary reductions by acquirers vis-à-vis merchants. And this is likely to be so even with those larger merchants who currently receive fees from their acquirers. The evidence is that it is likely that such fees will no longer to be paid by the Banks to the participating merchants but rather a positive charge will be imposed on the merchants. 124 The Banks argued that those larger merchants which had installed their own infrastructure had by now recovered the costs and that therefore there was no longer any justification for a negative interchange fee (which currently in part funds the payments or allowances paid by acquirers to large merchants). We are not aware of any economic principle to the effect that where a firm has invested in a capital asset and rented that asset out, once the cost of the asset has been recovered the firm should continue to make the asset available to the tenant free of charge. Certainly the Banks themselves show no signs of applying such a principle with regard to the smaller merchants to whom they rent EFTPOS infrastructure. 125 The ACCC submitted that increases to the merchant service fees are unlikely to be significantly constrained by competitive forces currently present between acquirers. In its determination in support of that conclusion the ACCC noted that acquiring is highly concentrated with a small number of large institutions dominating. The major banks provide about 85 per cent of merchant credit and debit card acquiring services although this share has been falling gradually in recent years. The ACCC was concerned that acquirers seeking to recoup the cost increases resulting from the abolition of negative interchange fees were unlikely to be significantly constrained by competition, in particular in relation to small b...
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Acquirers. If, during the Term, Summit or any of its Affiliates is Acquired by a Third Party (whether such Acquisition occurs by way of a purchase of assets, merger, consolidation, change of control or otherwise), then, notwithstanding anything to the contrary in Section 7.4, the Third Party acquiring Summit or such Affiliate(s) shall be permitted to conduct activities that would, if performed by Summit or any of its Affiliates, cause Summit or any of its Affiliates to violate Section 7.4 (any such activities, an “Acquirer Program”) (and such Acquirer Program will not constitute a violation of Section 7.4); provided that (a) none of the Summit Technology is used in such Acquirer Program, (b) no Confidential Information of Eurofarma is used in such Acquirer Program, and (c) the activities required under this Agreement are conducted separately from any activities directed to such Acquirer Program, including by the maintenance of separate lab notebooks and records (password-protected to the extent kept on a computer network) and the use of separate personnel working on each of the activities under this Agreement, and the activities covered under such Acquirer Program (except that this requirement shall not apply to personnel who have senior research management roles and not project level research roles, provided such personnel in senior research management roles are not directly involved in the day-to-day activities under such Acquirer Program).
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Acquirers. The acquiring facilities held by the Merchant with the Facilitator.
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Related to Acquirers

  • Parents and eligible students may inspect and review student educational records by making a written request to the BOCES. a. The BOCES shall verify the identity of the requestor before releasing any information. b. The BOCES shall notify parents annually of their right to inspect and review their child’s educational records. The annual notice required pursuant to FERPA shall be deemed to satisfy this requirement. c. The BOCES shall comply with a request for access to records within 45 calendar days after receipt of a request.

  • Vendors Any vendors engaged by Tenant to perform services in or to the Premises including, without limitation, janitorial contractors and moving contractors shall be coordinated with any work being performed by or for Landlord and in such manner as to maintain harmonious labor relations and not to damage the Building or the Property or interfere with Building construction or operation and shall be performed by vendors first approved by Landlord.

  • Affiliates and Third Parties If the Asset Representations Reviewer processes the PII of the Issuer’s Affiliates or a third party when performing an Asset Review, and if such Affiliate or third party is identified to the Asset Representations Reviewer, such Affiliate or third party is an intended third-party beneficiary of this Section 4.9, and this Agreement is intended to benefit the Affiliate or third party. The Affiliate or third party will be entitled to enforce the PII related terms of this Section 4.9 against the Asset Representations Reviewer as if each were a signatory to this Agreement.

  • Investors Investors will be instructed by the Dealer Manager or any soliciting dealers retained by the Dealer Manager in connection with the Offering (the “Soliciting Dealers”) to remit the purchase price in the form of checks (hereinafter “instruments of payment”) payable to the order of, or funds wired in favor of, “UMB BANK, N.A., ESCROW AGENT FOR AMERICAN REALTY CAPITAL NEW YORK CITY REIT II, INC.” Any checks made payable to a party other than the Escrow Agent shall be returned to the Dealer Manager or Soliciting Dealer that submitted the check. By 12:00 p.m. (EST) the next business day after receipt by the Escrow Agent of instruments of payment from the Offering, the Company or the Dealer Manager shall furnish the Escrow Agent with a list of the Investors who have paid for the Securities showing the name, address, tax identification number, the amount of Securities subscribed for purchase, the amount paid and whether such Investors are Washington Investors or Pennsylvania Investors. The information comprising the identity of Investors shall be provided to the Escrow Agent in substantially the format set forth in the list of investors attached hereto as Exhibit B (the “List of Investors”). The Escrow Agent shall be entitled to conclusively rely upon the List of Investors in determining whether Investors are Washington Investors or Pennsylvania Investors, and shall have no duty to independently determine or verify the same. When a Soliciting Dealer’s internal supervisory procedures are conducted at the site at which the subscription agreement and the check for the purchase of Securities were initially received by Soliciting Dealer from the subscriber, such Soliciting Dealer shall transmit the subscription agreement and such check to the Escrow Agent by the end of the next business day following receipt of the check for the purchase of Securities and subscription agreement. When, pursuant to such Soliciting Dealer’s internal supervisory procedures, such Soliciting Dealer’s final internal supervisory procedures are conducted at a different location (the “Final Review Office”), such Soliciting Dealer shall transmit the check for the purchase of Securities and subscription agreement to the Final Review Office by the end of the next business day following Soliciting Dealer’s receipt of the subscription agreement and the check for the purchase of Securities. The Final Review Office will, by the end of the next business day following its receipt of the subscription agreement and the check for the purchase of Securities, forward both the subscription agreement and such check to the Escrow Agent. If any subscription agreement solicited by a Soliciting Dealer is rejected by the Dealer Manager or the Company, then the subscription agreement and check for the purchase of Securities will be returned to the rejected subscriber within ten (10) business days from the date of rejection. All Investor Funds deposited in the Escrow Account shall not be subject to any liens or charges by the Company or the Escrow Agent, or judgments or creditors’ claims against the Company, until and unless released to the Company as hereinafter provided. The Company understands and agrees that the Company shall not be entitled to any Investor Funds on deposit in the Escrow Account and no such funds shall become the property of the Company, or any other entity except as released to the Company pursuant to Sections 3, 4 or 5 hereto. The Escrow Agent will not use the information provided to it by the Company for any purpose other than to fulfill its obligations as Escrow Agent hereunder. The Company and the Escrow Agent will treat all Investor information as confidential. The Escrow Agent shall not be required to accept any Investor Funds which are not accompanied by the information on the List of Investors.

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