Bank Remedies. This section of the Agreement shall survive termination of the Agreement. No remedy under this Agreement is exclusive of any other available remedy, but each remedy is cumulative and is in addition to other remedies given under this Agreement or existing in law or in equity.
Bank Remedies. If the PLCC Program has not been launched by February 29, 2012 and Bank is otherwise in a position to do so but for Retailer’s failure due to Retailer’s fault (or any vendor or service 1 The timing for each task shall be jointly decided by the parties to meet a PLCC Program launch of no later than February 29, 2012, with the responsibility for completing each item (and, if applicable, the date therefor) allocated to one or both parties as part of the PLCC Launch Plan. The Direct Settlement Process will be implemented for the PLCC Program and Co-Brand Program prior to the launch of the PLCC Program. [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. provider engaged by Retailer) and excepting any delays due to a Force Majeure Event to timely complete all initiatives necessary to allow for the PLCC Program launch, Bank will have the right to reduce the Retailer Royalty applicable pursuant to Section 2(a) of Schedule 4.1 by [*] until Retailer has completed all such initiatives. [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. SCHEDULE 2.1(d) Bank Program Resources Position Number of Staff Specifications Relationship [*] [*] • Overall responsibility for Bank’s relationship with Xxxxx Mart. Permanently physically located at Retailer’s headquarters in Jacksonville, Florida, or other Bank location as parties mutually agree. Marketing [*] [*] • Overall responsibility for promoting Bank’s acquisition of new accounts and driving increases in Xxxxx Mart Credit Card usage and penetration of Xxxxx Mart sales. Permanently physically located at Retailer’s headquarters in Jacksonville, Florida, or other Bank location as parties mutually agree. Risk [*] [*] • Overall responsibility for Bank’s underwriting, decisioning, collections, and analytical risk modeling for the Program. Operations [*] [*] • Overall responsibility for Bank’s operations with respect to the program, including customer service, information technology, statements, payment processing, and other services provided to Xxxxx Mart by Bank. Database [*] [*] • Responsible for providing analytical support for the Xxxxx Mart credit c...
Bank Remedies. (a) If any Event of Default shall have occurred and be continuing, all of the Retailers’ payment obligations hereunder shall, in Bank’s sole discretion, be deemed immediately due and payable.
Bank Remedies. 69 (c) Bank's Right to Stop Disbursing Funds................................................ 70 (d) Bank's Right to Complete............................................................. 70 (e) No Liability of the Bank............................................................. 71 (f) Termination of Agreement............................................................. 71 (g) Remedies Not Exclusive............................................................... 72
Bank Remedies. If an Event of Default shall have occurred then, and in any such event at any time thereafter if such Event of Default is continuing, the Bank may, in its discretion:
Bank Remedies. Upon the occurrence of any Event of Default under Section 8.1I, the commitment (if any) of the Bank under this Agreement to extend credit or make disbursements to the Borrower shall automatically terminate and the unpaid principal amount of all outstanding Advances and the Term Loan and all other Liabilities shall automatically become due and payable without further act of the Bank. After the occurrence of any other Event of Default, after any applicable cure period has expired, the Bank shall have the right in addition to all the remedies conferred upon the Bank by law or equity or the terms of any of the Loan Documents, to do any or all of the following, concurrently or successively, without notice to the Borrower:
Bank Remedies. If the Borrower is in default the Bank may also without prior notice do any one or more of the following: (a) exercise any remedies available to a secured party under the Uniform Commercial code or any other applicable law; (b) proceed in the foreclosure of its security interest in the property described in the paragraph entitled "Security"; (c) sell or otherwise dispose of the property at public or private sale, upon terms and in such manner as it may determine and it may purchase same at such sale; (d) refrain from disposing of the property and continue to maintain possession of the property for such time as it deems appropriate and the Borrower takes the risk of any depreciation in the value of the property pending disposition; or (e) transfer any of the property into the name of the Bank or the Bank's nominee. -------------------------------------------------------------------------------- X. MISCELLANEOUS PROVISIONS --------------------------------------------------------------------------------
Bank Remedies. Upon the occurrence of a Customer Default, after the notice and cure period have run, if any, without cure, in addition to any other remedies at equity or law, Bank may: (i) immediately terminate the Agreement or suspend or cancel any Accounts; (ii) retain and will not be required to pay Customer any amounts then due pursuant to the Agreement (other than a return of prefunded amounts not applied to outstanding obligations); and (iii) demand and recover payment of any damage amount directly or indirectly related to any Customer Default, including any fees or losses sustained by Bank, and any reasonable court and legal costs incurred by Bank to exercise its rights or remedies under this section. If Customer violates its obligations under the Security and Confidentiality or Intellectual Property sections, in the addition to the foregoing, Bank is entitled to injunctive relief in its favor and to specific performance without proof of actual damages and without the requirement of the posting of any bond or similar security, because Bank’s remedies at law may be inadequate to protect Bank against immediate and irreparable harm caused by any anticipated or actual breach of Customer’s obligations as set forth in the Security and Confidentiality or Intellectual Property sections, and because damages resulting from such a breach may be difficult to ascertain. Any delay or failure on the part of Bank to take action upon the occurrence of a Customer Default shall not constitute a course of dealing on the part of Bank, shall not constitute a waiver of such Customer Default or prevent Bank from taking action on such Customer Default or any other Customer Default in the future. For the avoidance of doubt, the adjustment of the credit limits or controls described in the Credit Provisions section (including requiring security or prefunding) are independent rights and are not dependent upon the existence of a Customer Default.
Bank Remedies. If the Borrower is in default the Bank may also without prior notice, do any one or more of the following: (a) exercise any remedies available to a secured party under the Uniform Commercial Code or any other applicable law; (b) proceed in the foreclosure of its security interest in the property described in the paragraph entitled "Security;" (c) sell or otherwise dispose of the property at public or private sale, upon terms and in such manner as it may determine and it may purchase same at such sale; (d) refrain from disposing of the property and continue to maintain possession of the property for such time as it deems appropriate and the Borrower takes the risk of any depreciation in the value of the property pending disposition; or (e) transfer any of the property into the name of the Bank or the Bank's nominee.
Bank Remedies. After the occurrence and during the continuance of any Event of Default, after any applicable cure period has expired, the Bank shall have the right in addition to all the remedies conferred upon the Bank by law or equity or the terms of any of the Loan Documents, to do any or all of the following, concurrently or successively, without notice to Borrower (except as provided in the Security Agreement):
