Common use of Conflicts; Defaults; Etc Clause in Contracts

Conflicts; Defaults; Etc. The execution, delivery and performance of this Agreement by Servicer, its compliance with the terms hereof, and consummation of the transactions specified herein will not (i) conflict with, violate, result in the breach of, constitute an event which would, or with the lapse of time or action by a third party or both would, result in a default under, or accelerate the performance required by, the terms of any contract, instrument or agreement to which Servicer is a party or by which it is bound, or to which any of the assets of Servicer is subject; (ii) conflict with or violate the articles of incorporation or by-laws of Servicer; (iii) breach or violate any Applicable Law or Applicable Order, in each case, applicable to Servicer; (iv) require the consent or approval of any other party to any contract, instrument or commitment to which Servicer is a party or by which it is bound; or (v) require any filing with, notice to, consent or approval of, or any other action to be taken with respect to, any Governmental Authority, except, in the cases of clauses (i) and (iii)-(v), for such conflicts, breaches, defaults, violations or failures to obtain such consents or approvals or make or obtain such filings, notices, consents and approvals as would not reasonably be expected to have, individually or in the aggregate, a material adverse effect upon Servicer’s ability to perform its obligations under this Agreement.

Conflicts; Defaults; Etc. The execution, delivery and performance of this Agreement by ServicerBank, its compliance with the terms hereof, and consummation of the transactions specified herein will not (i) conflict with, violate, result in the breach of, constitute an event which would, or with the lapse of time or action by a third party or both would, result in a default under, or accelerate the performance required by, the terms of any contract, instrument or agreement to which Servicer Bank is a party or by which it is bound, or to which any of the assets of Servicer Bank is subject; (ii) conflict with or violate the articles of incorporation or by-laws of ServicerBank; (iii) breach or violate any Applicable Law or Applicable Order, in each case, applicable to ServicerBank; (iv) require the consent or approval of any other party to any contract, instrument or commitment to which Servicer Bank is a party or by which it is bound; or (v) require any filing with, notice to, consent or approval of, or any other action to be taken with respect to, any Governmental Authority, except, in the cases of clauses (i) and (iii)-(v), for such conflicts, breaches, defaults, violations or failures to obtain such consents or approvals or make or obtain such filings, notices, consents and approvals as would not reasonably be expected to have, individually or in the aggregate, a material adverse effect upon ServicerBank’s ability to perform its obligations under this Agreement.

Conflicts; Defaults; Etc. The execution, delivery and performance of this Agreement by ServicerBank, its compliance with the terms hereof, and the consummation of the transactions specified herein will not (i) conflict with, violate, result in the breach of, constitute an event which would, or with the lapse of time or action by a third party or both would, result in a default under, or accelerate the performance required by, the terms of any contract, instrument or agreement to which Servicer Bank is a party Party or by which it is they are bound, or to which any of the assets of Servicer is any of Bank are subject; (ii) conflict with or violate the articles of incorporation or by-laws bylaws, or any other equivalent organizational document(s), of ServicerBank; (iii) breach or violate any Applicable Law or Applicable Order, in each case, applicable to ServicerBank; (iv) require the consent or approval of any other party Party to any contract, instrument or commitment to which Servicer Bank is a party Party or by which it is bound; or (v) require any filing with, notice to, consent or approval of, or any other action to be taken with respect to, any Governmental Authority, except, in the cases of clauses (i) and (iii)-(v), for such conflicts, breaches, defaults, violations or failures to obtain such consents or approvals or make or obtain such filings, notices, consents and approvals as would not reasonably be expected to have, individually or in the aggregate, a material adverse effect upon Servicer’s Bank, the Program, the Accounts, Cardholder Indebtedness or the ability of Bank to perform its their obligations under this Agreement.