Credit Card Program Agreement Sample Contracts

BETWEEN
Credit Card Program Agreement • June 23rd, 2005 • Bon Ton Stores Inc • Retail-department stores • Delaware
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CREDIT CARD PROGRAM AGREEMENT by and among TARGET CORPORATION, TARGET ENTERPRISE, INC. and TD BANK USA, N.A.
Credit Card Program Agreement • July 29th, 2013 • Target Corp • Retail-variety stores • New York

This Credit Card Program Agreement is made as of the 22nd day of October, 2012 (“Effective Date”), by and among TARGET CORPORATION, a Minnesota corporation with its principal offices at Minneapolis, Minnesota, TARGET ENTERPRISE, INC., a Minnesota corporation with its principal offices at Minneapolis, Minnesota (collectively, “Company”), and TD BANK USA, N.A. (“Bank”), a national banking association with its principal offices as of the date hereof at Portland, Maine.

WITNESSETH:
Credit Card Program Agreement • May 1st, 1998 • Filenes Basement Corp • Retail-family clothing stores
CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • February 4th, 2003 • Gottschalks Inc • Retail-department stores • New York

This Credit Card Program Agreement ("Agreement") is made and entered into as of the 30th day of January, 2003, by and between Household Bank (SB), N.A. (herein "Household"), with its principal place of business at 1111 Town Center Drive, Las Vegas, NV 89144 and Gottschalks Inc., a Delaware corporation (herein "Merchant"), with its principal place of business at 7 River Park Place East, Fresno, California 93720. In consideration of the mutual promises, covenants, and agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Merchant and Household agree as follows:

CONFIDENTIAL TREATMENT REQUESTED INFORMATION FOR WHICH CONFIDENTIAL TREATMENT THAT HAS BEEN REQUESTED IS OMITTED AND NOTED WITH (****). AN UNREDACTED VERSION OF THIS DOCUMENT WILL ALSO BE PROVIDED TO THE SECURITIES AND EXCHANGE COMMISSION. CREDIT CARD...
Credit Card Program Agreement • May 25th, 2017 • Signet Jewelers LTD • Retail-jewelry stores • Delaware

This Credit Card Program Agreement is made as of the 25th day of May, 2017, by and between Sterling Jewelers Inc., a Delaware corporation (the “Company”) and Comenity Bank, a Delaware state-chartered bank (the “Bank”), each referred to herein as a “Party”, and collectively, the “Parties”.

Confidential Treatment Requested
Credit Card Program Agreement • December 30th, 2010 • Pier 1 Imports Inc/De • Retail-home furniture, furnishings & equipment stores • Delaware

This Credit Card Program Agreement (“Agreement”) is made as of the 1st day of January 2011 (“Effective Date”), by and among Pier 1 Imports (U.S.), Inc., a Delaware corporation ("Pier 1"), and Chase Bank USA, N.A., a national bank ("Bank").

FOURTH AMENDMENT TO THE CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • August 4th, 2010 • Bon Ton Stores Inc • Retail-department stores

This Fourth Amendment to the Credit Card Program Agreement (“Fourth Amendment”) is made and entered into as of July 30, 2010 by and between HSBC Bank Nevada, National Association (“HSBC” or “Bank”), and The Bon-Ton Stores, Inc. (“Bon-Ton”) and amends that certain Credit Card Program Agreement dated as of June 20, 2005, as previously amended (“Agreement”).

CREDIT CARD PROGRAM AGREEMENT by and among THE NEIMAN MARCUS GROUP, INC. BERGDORF GOODMAN, INC. HSBC BANK NEVADA, N.A. and HOUSEHOLD CORPORATION Dated as of June 8, 2005
Credit Card Program Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores • New York

This Credit Card Program Agreement is made as of the 8th day of June, 2005, by and among The Neiman Marcus Group, Inc., a Delaware corporation (“NMG”), Bergdorf Goodman, Inc., a New York corporation (“BG, and together with NMG, the “NMG Companies”), HSBC Bank Nevada, N.A., a national credit card bank (“Bank”), and Household Corporation, a Delaware corporation (“Primary Servicer”).

CREDIT CARD PROGRAM AGREEMENT by and among DILLARD’S, INC., DILLARD INVESTMENT CO. INC., and CITIBANK, N.A.
Credit Card Program Agreement • March 29th, 2024 • Dillard's, Inc. • Retail-department stores • New York

This CREDIT CARD PROGRAM AGREEMENT (“Agreement”) is effective as of January 26, 2024 (the “Effective Date”), by and among Dillard’s, Inc., a Delaware corporation (“Company”), DILLARD INVESTMENT CO., INC., a Delaware Corporation, a subsidiary of Company (“DIC”, and together with Company, the “Company Parties”) and CITIBANK, N.A., a national banking association (“Bank”). Bank and the Company Parties are each referred to herein individually as a “Party” and collectively as “Parties”.

THIRD AMENDMENT TO THE CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • August 10th, 2009 • Bon Ton Stores Inc • Retail-department stores • Delaware

This Third Amendment to the Credit Card Program Agreement (“Third Amendment”) is made and entered into as of August 4, 2009 by and between HSBC Bank Nevada, National Association (“HSBC” or “Bank”), and The Bon-Ton Stores, Inc. (“Bon-Ton”) and amends that certain Credit Card Program Agreement dated as of June 20, 2005, as previously amended (“Agreement”). This Third Amendment is effective as of the 1st day of January, 2009 (“Third Amendment Effective Date”).

SIXTH AMENDMENT TO AMENDED AND RESTATED CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • December 13th, 2021 • Macy's, Inc. • Retail-department stores

This SIXTH AMENDMENT TO AMENDED AND RESTATED CREDIT CARD PROGRAM AGREEMENT (this “Sixth Amendment”) is entered into as of December 13, 2021 (the “Sixth Amendment Effective Date”) by and among Macy’s, Inc., a Delaware corporation (“Macy’s”), FDS Bank, a federally chartered stock savings bank (“FDS Bank”), Macy’s Credit and Customer Services, Inc. (f/k/a FACS Group, Inc.), an Ohio corporation (“MCCS”), Bloomingdales, LLC, successor to Bloomingdale’s, Inc., an Ohio limited liability company (“Bloomingdale’s”) (collectively, the “Macy’s Companies”), and Department Stores National Bank, a national banking association (“Bank”), and solely with respect to Section 6(a) of this Sixth Amendment, Citibank, N.A (“Citibank”), and solely with respect to Section 6(a) of this Sixth Amendment, FDS Thrift Holding Co., Inc..

FOURTH AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • September 8th, 2009 • Macy's, Inc. • Retail-department stores • Delaware

This FOURTH AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT (this “Fourth Amendment”) is effective as of August 1, 2008 (the “Effective Date”), by and among Macy’s, Inc., f/k/a Federated Department Stores, Inc., a Delaware corporation, (“Macy’s, Inc.”), FDS Bank, a federally-chartered stock savings bank (“FDS Bank”), Macy’s Credit and Customer Services, Inc., f/k/a FACS Group, Inc., an Ohio corporation (“MCCS”), Macy’s Department Stores, Inc., an Ohio corporation (“Macy’s”), Bloomingdale’s, Inc., an Ohio corporation (“Bloomingdale’s”) (collectively the “Macy’s Companies”), and Department Stores National Bank, a national banking association, as assignee of Citibank, N.A. (“Bank”).

CREDIT CARD PROGRAM AGREEMENT by and among FEDERATED DEPARTMENT STORES, INC., FDS BANK, FACS GROUP, INC., and CITIBANK, N.A.
Credit Card Program Agreement • September 8th, 2009 • Macy's, Inc. • Retail-department stores • Delaware

This Credit Card Program Agreement is made as of the 1st day of June, 2005, by and among Federated Department Stores, Inc., a Delaware corporation, (“FDS”), FDS Bank, a federally-chartered stock savings bank (“FDS Bank”), FACS Group, Inc., an Ohio corporation (“FACS”, and together with FDS and FDS Bank, the “FDS Companies”), and Citibank, N.A., a national banking association (“Bank”).

THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • May 1st, 2023 • Signet Jewelers LTD • Retail-jewelry stores • Delaware

This Third Amendment to the Amended and Restated Credit Card Program Agreement (“Third Amendment”) is entered into as of April 25, 2023 (“Third Amendment Effective Date”) by and among Sterling Jewelers Inc., a Delaware corporation (the “Company”) and Comenity Bank, a Delaware state-chartered bank (the “Bank”).

SIXTH AMENDMENT TO AMENDED AND RESTATED CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • June 9th, 2004 • Federated Department Stores Inc /De/ • Retail-department stores • New York

This Sixth Amendment to Amended and Restated Credit Card Program Agreement (the "Amendment"), dated as of February 23, 2004, is entered into by and among Federated Department Stores, Inc. ("FDS"), FDS Bank, FACS Group, Inc., Macy's East, Inc., Macy's West, Inc., Broadway Stores, Inc. (for itself and as successor in interest to Bullock's, Inc.), and GE Capital Consumer Card company ("GE Bank") in the following circumstances:

AMENDMENT NO. 5 TO THE AMENDED AND RESTATED CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • June 9th, 2004 • Federated Department Stores Inc /De/ • Retail-department stores

This AMENDMENT NO. 5 to the Amended and Restated Credit Card Program Agreement dated as of June 4, 1996, as amended by Amendment No. 1 dated as of June 4, 1996, Amendment No. 2 dated as of January 31, 1997, Amendment No. 3 dated as of March 1, 1997 and Amendment No. 4 dated as of July 22, 1998 (the "Program Agreement") by and among GE Capital Consumer Card Co. ("GE Bank"), Federated Department Stores, Inc. ("FDS"), FDS National Bank ("FDS Bank"), Macy's East, Inc. ("Macy's East"), Macy's West, Inc. ("Macy's West"), Bullock's, Inc. ("Bullock's"), Broadway Stores, Inc. ("Broadway"), FACS Group, Inc. ("FACS") and MSS-Delaware, Inc. ("MSS").

THIRD AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores

This Third Amendment to Credit Card Program Agreement (“First Amendment”) is made effective as of the 1st day of August, 2006, by and among The Neiman Marcus Group, Inc. (“NMG”), Bergdorf Goodman, Inc. (“BG, and together with NMG, the “NMG Companies”), HSBC Bank Nevada, N.A., a national credit card bank (“Bank”), and Household Corporation, a Delaware corporation (“Primary Servicer”) to that certain Credit Card Program Agreement (“Agreement”) executed as of June 8, 2005 and amended by the First Amendment to Credit Card Program Agreement executed as of April 30, 2006 (“First Amendment”) and the Second Amendment to Credit Card Program Agreement executed as of June 29, 2006 (“Second Amendment”) by and between the parties hereto.

FOURTH AMENDMENT TO AMENDED AND RESTATED PRIVATE LABEL CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • September 12th, 2007 • Stage Stores Inc • Retail-family clothing stores • Ohio

This Fourth Amendment to Amended and Restated Private Label Credit Card Program Agreement ("Fourth Amendment") is entered into as of June 30, 2007 (the "Effective Date") by and among Stage Stores, Inc., a Nevada corporation ("Stage Stores"), Specialty Retailers (TX) LP, a Texas limited partnership ("Specialty LP"), with their principal offices at 10201 Main Street, Houston, Texas 77025 (Stage Stores and Specialty LP hereinafter being referred to collectively as "Stage"), and World Financial Network National Bank, a national banking association with its principal offices at 800 Tech Center Drive, Gahanna, Ohio 43230 ("Bank"). Stage Stores, Specialty LP and Bank are collectively referred to in this Fourth Amendment as the "Parties

FIRST AMENDMENT TO THE CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • March 10th, 2006 • Bon Ton Stores Inc • Retail-department stores

This First Amendment to the Credit Card Program Agreement (“First Amendment”) is made and entered into as of 12:01 a.m., Chicago time on the 5th day of March, 2006 (“Amendment Effective Time”) by and between HSBC Bank Nevada, National Association (“HSBC”), and The Bon-Ton Stores, Inc. (“Bon-Ton”) to that certain Credit Card Program Agreement, dated as of June 20, 2005 (“Agreement”).

FIRST AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • September 8th, 2009 • Macy's, Inc. • Retail-department stores • Delaware

This FIRST AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT, dated as of June 1, 2005, (this “Amendment”) is made and entered into as of October 24, 2005, by and among Federated Department Stores, Inc., a Delaware corporation, (“FDS”), FDS Bank, a federally-chartered stock savings bank (“FDS Bank”), FACS Group, Inc., an Ohio corporation (“FACS”, and together with FDS and FDS Bank, the “FDS Companies”), Macy’s Department Stores, Inc., an Ohio corporation (“Macy’s”), Bloomingdale’s, Inc., an Ohio corporation (“Bloomingdale’s”), and Citibank, N.A., a national banking association (“Bank”).

FIRST AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores

This First Amendment to Credit Card Program Agreement (“First Amendment”) is made as of the 30th day of April, 2006, by and among The Neiman Marcus Group, Inc. (“NMG”), Bergdorf Goodman, Inc. (“BG, and together with NMG, the “NMG Companies”), HSBC Bank Nevada, N.A., a national credit card bank (“Bank”), and Household Corporation, a Delaware corporation (“Primary Servicer”) to that certain Credit Card Program Agreement (“Agreement”) executed as of June 8, 2005 by and between the parties hereto.

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FIFTH AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • September 8th, 2009 • Macy's, Inc. • Retail-department stores • Delaware

This FIFTH AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT ( “Fifth Amendment”) is effective as of January 1, 2009 (the “Effective Date”), by and among Macy’s, Inc., f/k/a Federated Department Stores, Inc., a Delaware corporation, (“Macy’s, Inc.”), FDS Bank, a federally-chartered stock savings bank (“FDS Bank”), Macy’s Credit and Customer Services, Inc., f/k/a FACS Group, Inc., an Ohio corporation (“MCCS”), Macy’s Department Stores, Inc., an Ohio corporation (“Macy’s”), Bloomingdale’s, Inc., an Ohio corporation (“Bloomingdale’s”) (collectively the “Macy’s Companies”), and Department Stores National Bank, a national banking association, as assignee of Citibank, N.A. (“Bank”).

FIFTH AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • April 1st, 2009 • Macy's, Inc. • Retail-department stores • Delaware

This FIFTH AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT ( “Fifth Amendment”) is effective as of January 1, 2009 (the “Effective Date”), by and among Macy's, Inc., f/k/a Federated Department Stores, Inc., a Delaware corporation, (“Macy's, Inc.”), FDS Bank, a federally-chartered stock savings bank (“FDS Bank”), Macy's Credit and Customer Services, Inc., f/k/a FACS Group, Inc., an Ohio corporation (“MCCS”), Macy’s Department Stores, Inc., an Ohio corporation (“Macy’s”), Bloomingdale’s, Inc., an Ohio corporation (“Bloomingdale’s”) (collectively the "Macy's Companies"), and Department Stores National Bank, a national banking association, as assignee of Citibank, N.A. (“Bank”).

FIFTH AMENDMENT TO THE CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • September 7th, 2010 • Bon Ton Stores Inc • Retail-department stores

This Fifth Amendment to the Credit Card Program Agreement (“Fifth Amendment”) is made and entered into as of August 31, 2010 (“Effective Date”) by and between HSBC Bank Nevada, National Association (“HSBC” or “Bank”), and The Bon-Ton Stores, Inc. (“Bon-Ton”) and amends that certain Credit Card Program Agreement dated as of June 20, 2005, as previously amended (“Agreement”).

RESTATED THIRD AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • June 9th, 2008 • Macy's, Inc. • Retail-department stores • Delaware

This THIRD AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT (this "Third Amendment") is restated on May 31, 2008, effective as of February 3, 2008 (the "Effective Date"), by and among Macy's, Inc., f/k/a Federated Department Stores, Inc., a Delaware corporation, ("Macy's, Inc."), FDS Bank, a federally-chartered stock savings bank ("FDS Bank"), Macy's Credit and Customer Services, Inc., f/k/a FACS Group, Inc., an Ohio corporation ("MCCS"), Macy's Department Stores, Inc., an Ohio corporation ("Macy's"), Bloomingdale's, Inc., an Ohio corporation ("Bloomingdale's") (collectively the "Macy's Companies"), and Department Stores National Bank, a national banking association, as assignee of Citibank, N.A. ("Bank").

Pages where confidential treatment has been requested are stamped: “Confidential treatment has been requested. Redacted material has been separately filed with the Commission.” All redacted material has been marked by the symbol: [***]. SIXTH...
Credit Card Program Agreement • February 3rd, 2011 • Bon Ton Stores Inc • Retail-department stores

This Sixth Amendment to the Credit Card Program Agreement (“Sixth Amendment”) is made and entered into as of January 31, 2011 by and between HSBC Bank Nevada, National Association (“HSBC” or “Bank”), and The Bon-Ton Stores, Inc. (“Bon-Ton”) and amends that certain Credit Card Program Agreement dated as of June 20, 2005, as previously amended (“Agreement”). This Sixth Amendment is effective as of the 1st day of January, 2011 (“Sixth Amendment Effective Date”)

REDACTED VERSION CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS EXHIBIT, MARKED BY [****], HAS BEEN OMITTED BECAUSE SIGNET JEWELERS LIMITED HAS DETERMINED THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO SIGNET...
Credit Card Program Agreement • June 10th, 2021 • Signet Jewelers LTD • Retail-jewelry stores • Delaware

This Amended and Restated Credit Card Program Agreement is made as of May 14, 2021, by and between Sterling Jewelers Inc., a Delaware corporation (the “Company”) and Comenity Bank, a Delaware state-chartered bank (the “Bank”), each referred to herein as a “Party”, and collectively, the “Parties”.

FIFTH AMENDMENT TO CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • October 20th, 2009 • Neiman Marcus, Inc. • Retail-department stores

This Fifth Amendment to Credit Card Program Agreement (“Fifth Amendment”) is made effective as of the 13th day of March, 2007, by and among The Neiman Marcus Group, Inc. (“NMG”), Bergdorf Goodman, Inc. (“BG, and together with NMG, the “NMG Companies”), HSBC Bank Nevada, N.A., a national credit card bank (“Bank”), and HSBC Private Label Corporation, a Delaware corporation formerly known as Household Corporation (“Primary Servicer”) to that certain Credit Card Program Agreement (“Agreement”) executed as of June 8, 2005 and amended by the First Amendment to Credit Card Program Agreement executed as of April 30, 2006 (“First Amendment”), and the Second Amendment to Credit Card Program Agreement executed as of June 28, 2006 (“Second Amendment”) and the Third Amendment to Credit Card Program Agreement executed as of August 1, 2006, and the Fourth Amendment to Credit Card Program Agreement executed as of March 13, 2007, by and between the parties hereto. In consideration of the terms, conditi

SEVENTH AMENDMENT TO THE CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • June 19th, 2012 • Bon Ton Stores Inc • Retail-department stores

This Seventh Amendment to the Credit Card Program Agreement (“Seventh Amendment”) is made and entered into on the 15th day of June, 2012 (“Amendment Effective Date”) by and among Capital One, National Association (as assignee of HSBC Bank Nevada, National Association) (“Capital One”), and The Bon-Ton Stores, Inc. (“Bon-Ton”) to that certain Credit Card Program Agreement, dated as of June 20, 2005 (the “Agreement”), as amended.

AMENDMENT NO. 3 TO CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • January 7th, 2010 • Pier 1 Imports Inc/De • Retail-home furniture, furnishings & equipment stores

This Amendment No. 3 to the Credit Card Program Agreement (the “Amendment”) is made and entered into this 15th day of December, 2009 (“Effective Date”), between and among Pier 1 Imports (U.S.), Inc., a Delaware corporation (“Pier 1”) and Chase Bank USA, N.A. (“Bank”).

AMENDMENT NO. 1 TO CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • October 10th, 2007 • Pier 1 Imports Inc/De • Retail-home furniture, furnishings & equipment stores • Delaware

This Amendment No. 1 to the Credit Card Program Agreement (the “Amendment”) is made and entered into this 17th day of November, 2006, by and among Pier 1 Imports (U.S.), Inc., a Delaware corporation (“Pier 1”) and Chase Bank USA, N.A. (“Bank”).

AMENDMENT NO. 4 TO THE AMENDED AND RESTATED CREDIT CARD PROGRAM AGREEMENT
Credit Card Program Agreement • June 9th, 2004 • Federated Department Stores Inc /De/ • Retail-department stores • New York

This AMENDMENT NO. 4 to the Amended and Restated Credit Card Program Agreement, dated as of June 4, 1996, as amended by Amendment No. 1 dated as of June 4, 1996, Amendment No. 2 dated as of January 31, 1997 and Amendment No. 3 dated as of March 1, 1997 (the "Program Agreement") is made as of this, 22nd day of July, 1998 by and among GE Capital Consumer Card Co. ("GE Bank"), Federated Department Stores, Inc. ("FDS"), FDS National Bank ("FDS Bank"), Macy's East, Inc. ("Macy's East"), Macy's West, Inc. ("Macy's West"), Bullock's, Inc. ("Bullock's"), Broadway Stores, Inc. ("Broadway"), FACS Group, Inc. ("FACS") and MSS-Delaware, Inc. ("MSS").

CREDIT CARD PROGRAM AGREEMENT by and among PIER 1 IMPORTS (U.S.), INC., and CHASE BANK USA, N.A. Dated as of August 30, 2006
Credit Card Program Agreement • September 6th, 2006 • Pier 1 Imports Inc/De • Retail-home furniture, furnishings & equipment stores • Delaware

This Credit Card Program Agreement is made as of the 30th day of August, 2006, by and among Pier 1 Imports (U.S.), Inc., a Delaware corporation (“Pier 1”), and Chase Bank USA, N.A., a national bank (“Bank”).

CREDIT CARD PROGRAM AGREEMENT BETWEEN BARCLAYS BANK DELAWARE AND THE GAP, INC. OLD NAVY, LLC BANANA REPUBLIC, LLC ATHLETA LLC
Credit Card Program Agreement • May 28th, 2021 • Gap Inc • Retail-family clothing stores • New York

THIS CREDIT CARD PROGRAM AGREEMENT (this “Agreement”) is made as of the 8th day of April, 2021 (the “Effective Date”), by and among The Gap, Inc., Old Navy, LLC, Banana Republic, LLC and Athleta LLC (collectively, “Gap”), on the one hand, and Barclays Bank Delaware (“Barclays”), on the other hand.

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