Amending Provisions. 2.1 Notwithstanding any provision of any ATM Cash Agreement to the contrary, the total amount of ATM Currency outstanding in all ATMs under the ATM Cash Agreements at any point in time, and the total amount of ATM Currency that eFunds shall be obligated to make available for all ATMs under the ATM Cash Agreements, shall not exceed thirty-five million dollars ($35,000,000); provided, however, that there shall be no commingling of ATM Currency between or among the respective ATM Cash Agreements under any circumstances. 2.2 Unless otherwise agreed by the parties, total ATM Currency outstanding in ATMs under each ATM Cash Agreement, and the total amount that eFunds shall be obligated to make available for ATMs under each ATM Cash Agreement, shall not exceed the following respective amounts: (a) for the June 24, 1998 ATM Cash Agreement relating to ATMs located at Total Petroleum and Diamond Shamrock branded convenience store locations: $3,000,000; (b) for the March 19, 1999 ATM Cash Agreement relating to ATMs located at American Store, Inc. locations: $6,000,000; (c) for the August 23, 1999 ATM Cash Agreement relating to ATMs located at Kmart Corporation locations: $12,000,000; and (d) for the November 15, 1999 ATM Cash Agreement relating to ATMs located at Shell Oil Company and Texaco Oil Company locations: $14,000,000. Access may, from time- to-time during the term of the Currency Control Agreement, request in writing to change the foregoing ATM Currency amounts under the respective ATM Cash Agreements, subject to Section 2.1 of this Amendment, eFunds agrees not to unreasonably withhold its consent to any such written request by ACI, subject to Section 2.1 of this Amendment. 2.3 Access shall at all times manage ATM Currency requirements under the ATM Cash Agreements to optimize the amount of cash in ATMs with the express purpose of keeping no more ATM Currency in individual ATMs than is reasonably necessary to keep sufficient funds in the ATMs between replenishment dates.
Appears in 1 contract
Sources: Atm Cash Agreements (Efunds Corp)
Amending Provisions. 2.1 Notwithstanding any provision of any ATM Cash Agreement to the contrary, the total amount of ATM Currency outstanding in all ATMs under the ATM Cash Agreements at any point in time, and the total amount of ATM Currency that eFunds shall be obligated to make available for all ATMs under the ATM Cash Agreements, shall not exceed thirty-five million dollars ($35,000,000); provided, however, that there shall be no commingling of ATM Currency between or among the respective ATM Cash Agreements under any circumstances.
2.2 Unless otherwise agreed by the parties, total ATM Currency outstanding in ATMs under each ATM Cash Agreement, and the total amount that eFunds shall *** Denotes confidential information that has been omitted from the Exhibit and filed separately, accompanied by a confidential treatment request, with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act, as amended. be obligated to make available for ATMs under each ATM Cash Agreement, shall not exceed the following respective amounts: (a) for the June 24, 1998 ATM Cash Agreement relating to ATMs located at Total Petroleum *** and Diamond Shamrock *** branded convenience store locations: $3,000,000; (b) for the March 19, 1999 ATM Cash Agreement relating to ATMs located at American Store, Inc. in *** locations: $6,000,000; (c) for the August 23, 1999 ATM Cash Agreement relating to ATMs located at Kmart Corporation *** locations: $12,000,000; and (d) for the November 15, 1999 ATM Cash Agreement relating to ATMs located at Shell Oil Company *** and Texaco Oil Company *** locations: $14,000,000. Access *** may, from time- time-to-time during the term of the Currency Control Agreement, request in writing to change the foregoing ATM Currency amounts under the respective ATM Cash Agreements, subject to Section 2.1 of this Amendment, eFunds agrees not to unreasonably withhold its consent to any such written request by ACI, subject to Section 2.1 of this Amendment.
2.3 Access shall at all times manage ATM Currency requirements under the ATM Cash Agreements to optimize the amount of cash in ATMs with the express purpose of keeping no more ATM Currency in individual ATMs than is reasonably necessary to keep sufficient funds in the ATMs between replenishment dates.
Appears in 1 contract
Sources: Atm Cash Agreements (Efunds Corp)