Common use of Ownership of Accounts and Information Clause in Contracts

Ownership of Accounts and Information. Retailer acknowledges that, except in the case of a chargeback or if Retailer elects to purchase the Accounts as set forth in Section 20, Bank owns all Accounts, and all information concerning Accountholders, applicants and Accounts obtained in connection with the Program (collectively, “Accountholder Information”), and that Retailer has no ownership rights therein. Accordingly, Retailer will not represent itself as the owner of, or the creditor on, any Account or Accountholder Information. Both (i) as a precaution, to confirm Bank’s ownership of Accounts and related documentation, and (ii) to secure payment of and performance by Retailer of any and all indebtedness, liabilities or obligations, now existing or hereafter arising pursuant to this Agreement, including indebtedness, liabilities and obligations that may be deemed to exist in the event of the applicability of Article 9 of the UCC to, and any recharacterization of, any transactions contemplated hereby, Retailer hereby grants to Bank a first priority continuing security interest in any right, title or interest that Retailer may now have or may hereafter be deemed to have in the Accounts and related documentation, and in any goods charged to Accounts which have been returned to Retailer but for which Retailer has not submitted a corresponding credit transaction to Bank, and the proceeds of all of the foregoing. Retailer authorizes Bank to prepare and file (subject to Retailer’s reasonable written approval) a UCC financing statement which clearly and specifically identifies only the collateral set forth above in this Section 9, and will sign any related documentation reasonably requested by Bank, including without limitation, any intercreditor agreements necessary to ensure that none of Retailer’s other creditors asserts any claim on the Accounts or any related documentation. ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934.

Appears in 2 contracts

Samples: ’s Furniture (Haverty Furniture Companies Inc), ’s Furniture (Haverty Furniture Companies Inc)

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Ownership of Accounts and Information. Retailer acknowledges that, except in the case of a chargeback or if Retailer elects to purchase the Accounts as set forth in Section [20], Bank owns all Accounts, and all information concerning Accountholders, applicants and Accounts obtained in connection with the Program (collectively, “Accountholder Information”), and that Retailer has no ownership rights therein. Accordingly, Retailer will not represent itself as the owner of, or the creditor on, any Account or Accountholder Information. Both (i) as a precaution, to confirm Bank’s ownership of Accounts and related documentation, and (ii) to secure payment of and performance by Retailer of any and all indebtedness, liabilities or obligations, now existing or hereafter arising pursuant to this Agreement, including indebtedness, liabilities and obligations that may be deemed to exist in the event of the applicability of Article 9 of the UCC to, and any recharacterization of, any transactions contemplated hereby, Retailer hereby grants to Bank a first priority continuing security interest in any right, title or interest that Retailer may now have or may hereafter be deemed to have in the Accounts and related documentation, and in any goods charged to Accounts which have been returned to Retailer but for which Retailer has not submitted a corresponding credit transaction to Bank, and the proceeds of all of the foregoing. Retailer authorizes Bank to prepare and file (subject to Retailer’s reasonable written approval) a UCC financing statement which clearly and specifically identifies only the collateral set forth above in this Section 9, and will sign any related documentation reasonably requested by Bank, including without limitation, any intercreditor agreements necessary to ensure that none of Retailer’s other creditors asserts any claim on the Accounts or any related documentation. ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934.

Appears in 1 contract

Samples: Retailer Program Agreement (Haverty Furniture Companies Inc)

Ownership of Accounts and Information. Retailer acknowledges that, except in It is understood that TDRCS is the case sole and exclusive the owner of a chargeback or if Retailer elects to purchase the Accounts as set forth in Section 20, Bank owns all Accounts, and related receivables, and all information concerning AccountholdersConsumer Information. TDRCS is also the sole and exclusive owner of all lists of applicants, applicants Consumers, and Accounts obtained in connection with the Program authorized users (collectivelyincluding, “Accountholder Information”without limitation, names, addresses, and related credit information), charge transaction date, payments, and that Retailer has no ownership rights therein. Accordingly, Retailer will not represent itself as all documents in any form related to the owner of, or the creditor on, any Account or Accountholder InformationFinance Program. Both (i) as a precaution, to confirm Bank’s if TDRCS's ownership of Accounts and related documentationreceivables is ever called into question, and (ii) to secure payment of and performance by Retailer Merchant of any and all indebtedness, liabilities or obligations, now existing or hereafter obligations arising pursuant to under this Agreement, including indebtedness, liabilities and obligations that may be deemed to exist in the event of the applicability of Article 9 of the UCC to, and any recharacterization of, any transactions contemplated herebyunder this Agreement, Retailer Merchant hereby grants to Bank TDRCS a first priority continuing security interest in any right, title or interest that Retailer Merchant may now have or may hereafter be deemed to have in the Accounts and related documentationreceivables, in the Reserve Account and Collateral Account, if any, and in any goods charged to Accounts which that have been returned to Retailer Merchant but for which Retailer Merchant has not properly submitted a corresponding credit transaction and/or provided reimbursement to BankTDRCS, and the proceeds of all of the foregoing. Retailer Merchant authorizes Bank TDRCS to prepare and file (subject any documentation required to Retailer’s reasonable written approval) a evidence and enforce this security interest, including UCC financing statement which clearly and specifically identifies only the collateral set forth above in this Section 9statements, and will sign any related documentation reasonably requested by Bank, including without limitation, any intercreditor agreements necessary to ensure that none of Retailer’s other creditors asserts any claim on the Accounts or any related documentation. ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934TDRCS.

Appears in 1 contract

Samples: Corporate Private Label Credit Card Program Agreement (Dinewise, Inc.)

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Ownership of Accounts and Information. Retailer acknowledges that, except in the case of a chargeback or if Retailer elects to purchase the Accounts as set forth in Section 20, that Bank owns all Accounts, and all information concerning Accountholders, applicants and Accounts obtained in connection with the Program (collectively, “Accountholder Information”), and that Retailer has no ownership rights therein. Accordingly, Retailer will not represent itself as the owner of, or the creditor on, any Account or Accountholder Information. Both (i) as a precaution, to confirm Bank’s ownership of Accounts and related documentation, and (ii) to secure payment of and performance by Retailer of any and all indebtedness, liabilities or obligations, now existing or hereafter arising pursuant to this Agreement, including indebtedness, liabilities and obligations that may be deemed to exist in the event of the applicability of Article 9 of the UCC to, and any recharacterization of, any transactions contemplated hereby, Retailer hereby grants to Bank a first priority continuing security interest in any right, title or interest that Retailer may now have or may hereafter be deemed to have in the Accounts and related documentation, in the Reserve Account, in the Collateral Account, and in any goods charged to Accounts which have been returned to Retailer but for which Retailer has not submitted a corresponding credit transaction to Bank, and the proceeds of all of the foregoing. Retailer authorizes Bank to prepare and file (subject any documentation required to Retailer’s reasonable written approval) a evidence and enforce this security interest, including UCC financing statement which clearly and specifically identifies only the collateral set forth above in this Section 9statements, and will sign any related documentation reasonably requested by Bank, including without limitation, any intercreditor agreements necessary to ensure that none of Retailer’s other creditors asserts any claim on the Accounts Accounts, the Reserve Account or any related documentation. ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934.

Appears in 1 contract

Samples: Retailer Program Agreement (Conns Inc)

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