Bank Reports. It and each of its Subsidiaries, have filed all reports, forms, correspondence, registrations and statements, together with any amendments required to be made with respect thereto (the “Bank Reports”), that they were required to file since December 31, 2013 with the Board of Governors of the Federal Reserve System, the FDIC, the Bureau of Financial Institutions of the Virginia State Corporation Commission and any other federal, state or foreign governmental or regulatory agency or authority having jurisdiction over it or each of its Subsidiaries (collectively, the “Regulatory Agencies”), including any Bank Report required to be filed pursuant to the laws of the United States, any state or any Regulatory Agency, and have paid all fees and assessments due and payable in connection therewith, except where the failure to file such Bank Report or to pay such fees and assessments, would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on it. Any such Bank Report regarding it or any of its Subsidiaries filed with or otherwise submitted to any Regulatory Agency complied in all material respects with relevant legal requirements, including as to content. Except for normal examinations conducted by a Regulatory Agency in the ordinary course of its and its Subsidiaries business, there is no pending proceeding before, or, to its Knowledge, examination or investigation by, any Regulatory Agency into the business or operations of it or any of its Subsidiaries. There is no unresolved violation, criticism or exception by any Regulatory Agency with respect to any Bank Report or relating to any examination or inspection of it or any of its Subsidiaries, and there has been no formal or informal inquiries by, or disagreements or disputes with, any Regulatory Agency with respect to the business, operations, policies or procedures of it or any of its Subsidiaries since December 31, 2013, in each case, which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on it. For the avoidance of doubt, the representations and warranties contained in this Section 3.3(g) shall, with respect to XBKS, apply to Hampton Roads Bankshares, Inc. and Xenith Bankshares, Inc. (merged) as legal predecessors of XBKS, and with respect to Xenith Bank, apply to The Bank of Hampton Roads and Xenith Bank (merged) as legal predecessors of Xenith Bank.
Bank Reports. 32 SECTION 11.3 Ownership of the Bank Data....................................32 SECTION 11.4 Access to the Bank Data.......................................32 SECTION 11.5 Return of Bank Data...........................................32 SECTION 11.6 Privacy.......................................................33 SECTION 11.7 Ownership of NDPS Data........................................33 SECTION 11.8 Access to NDPS Data...........................................33 SECTION 11.9 Return of NDPS Data...........................................33 SECTION 11.10 Data Mining...................................................34
Bank Reports. From and after the Closing, (i) upon the request of the Purchaser and (ii) for so long as the Purchaser and its Permitted Transferees continue to beneficially own at least 20% of the total shares of Series A Preferred Stock purchased by the Purchaser pursuant to this Agreement, the Company shall provide the Purchaser with copies of all notices, reports, documents or other information (including bank books, notices of defaults, compliance certificates and financial statements) provided to the administrative agent or any lender under Section 5.01 of the Existing Credit Agreement (as amended by the Credit Agreement Amendment) as it may be amended, modified or refinanced from time to time, and including any successor or replacement primary credit facility of the Company (other than notices of borrowings, interest period elections and notices related to other loan administrative matters pursuant to Article II of the Existing Credit Agreement) (“Bank Reports”) substantially simultaneously with providing such Bank Reports to such person.
Bank Reports. American and each of the American Subsidiaries has filed all Bank Reports that they were required to file since December 31, 2010 with the Regulatory Agencies, including any Bank Report required to be filed pursuant to the laws of the United States, any state or any Regulatory Agency. Any such Bank Report regarding American and each of the American Subsidiaries filed with or otherwise submitted to any Regulatory Agency complied in all material respects with relevant legal requirements, including as to content. Except for normal examinations conducted by a Regulatory Agency in the ordinary course of American’s and each of the American Subsidiaries’ business, there is no pending proceeding before, or, to its Knowledge, examination or investigation by, any Regulatory Agency into the business or operations of American or any of the American Subsidiaries and no enforcement action, to its Knowledge, threatened by any Regulatory Agency.
Bank Reports. Frequency Name Description ***** CORE PERFORMANCE METRICS New Account processing: number submitted, duped, pending, activated and percentages. ***** ACQUISITION PERFORMANCE (all by channel and by source code) • # of submitted applications • # of approved accounts • Approval rates ***** ACQUISITION PERFORMANCE (all by channel and by source code) • Approval rates by Bureau Risk Scores • Responder volumes by Bureau Risk Scores • Initial line assignments by quintile • Number of new accounts by card product and pricing tier ***** CORE PERFORMANCE METRICS • # debit active accounts • # statement active accounts • # accounts ever actives • Sales per debit active account • Sales per open account • # transactions/debit active (on and off Virgin) • Average ticket size (on and off Virgin) • Spending by MID and MCC • Attrition rates ($ and # accounts) cumulative, voluntary, and involuntary ***** DISBURSEMENT • Total portfolio sales • Total portfolio sales returns • New accounts qualifying for bounty • Total new accounts • # accounts earning new account bounty • new account bounty points awarded • Other “bonus” point awarded • Total points awarded • # cardholders transacting at Virgin in month • Payments to Virgin attributed to cardholder spending • Payments to Virgin for new accounts • Payments to Virgin for acquisition bounty points • Payments to Virgin for other “bonus” points awarded ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. ***** SERVICE STANDARDS Actual performance by standard outlined in Schedule 2.1 in absolute levels and relative to required levels ***** MARKETING Marketing spend relative to budget by month and YTD with remaining annual forecast ***** Marketing Account number, number of Elevate points and YTD by type ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. Schedule 3.9
Bank Reports. As part of the Bank Services, the Bank shall provide to NDPS and/or GPI Canada such reports as the Bank and NDPS and/or GPI Canada may mutually agree upon from time to time. The reasonable costs of such reporting shall be borne by NDPS and/or GPI Canada except for reports which are generated in the Ordinary Course of the Bank's business without additional costs or undue burden.
Bank Reports. The Parties will develop the standard set of management reports detailed below, as soon as practical after the Effective Date. "Plan Data" shall be all of the reports in the rows identified below with an asterisk "*". REPORT NAME FREQUENCY AVAILABLE DESCRIPTION PLAN DATA Customer Information File Weekly · See Schedule 3.13 Master File Information Settlement Daily · Detailed accounting of daily settlement amounts including returns and chargebacks Plan Accounting Monthly · Report of amounts due to/from Stage, including settlement components (****) Performance Database Monthly (ad hoc as requested) · Reports monitoring relevant Plan trends including new and existing Account performance, credit sales penetration, store/region performance, vintage performance, etc. Applications by Sales Channel & Store Report Weekly · (****) · (****) · Maintain current application tracking sorting: o Region, District, Store – D Version o Region, District, Store – App Type – E Version o Division, App Type – F Version o Region, District, Store, Associate – G Version o Region, District, Store, Associate, App Type – H Version o Prescreen, list ID, origin – I Version * Portfolio Report Monthly · Report (as of end-of-month, in the manner provided as of the Effective Date) of Accounts (# by status e.g., purchase active, statement active, closed, charged-off, total to enable reconciliation), Outstandings (not Schedule 3.19 - 1 DM 121931.18 Stage Stores/WFNB CONFIDENTIAL Amended and Restated PLCCPA principal only) including billed fees for end-of-period and average, transaction volumes, Purchase $s (****) (****) (****) (****) Marketing Effectiveness Reports Weekly or Monthly · Metrics monitoring the productivity of marketing investments including Account acquisitions incentives and the value proposition Service Level Standard Reports Monthly · Reporting on performance against Service Level Standards provided in Schedule 3.8(c) Cardholder Loyalty Program Status Monthly · Number of Cardholders per Cardholder Loyalty Program status * (****) (****) · (****) (****) Cardholder Information and Analytical Information As requested by Stage · Data attributes (change of address information, demographics, etc.) from Bank's internal database that could enhance Stage's marketing efforts Usage Statistics Monthly · Adjusted Net purchase volume, , merchandise returns, net purchase volume and ancillary product sales * (****) (****) · (****) (****) (****) (****) · (****) (****) (****) (****) · (****) (***...
Bank Reports. Promptly upon the filing thereof, copies of all reports which are delivered to the Lender under (and as defined in) the NTFC Loan Agreement.
Bank Reports. 3.3(g) Benefit Plan ...................................... 3.3(o)(i) Benefit Plans .................................... 3.3(o)(i) BHCA .................................................. 3.3(a) BHRB ...............................................
Bank Reports. As part of the Bank Services, the Bank shall provide ------------ to NDPS such reports as the Bank and NDPS may mutually agree upon from time to time. The reasonable costs of such reporting shall be borne by NDPS except for reports which are generated in the Ordinary Course of the Bank's business without additional costs or undue burden.
