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, 2017 with the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, 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 any of its Subsidiaries (collectively, the “Regulatory Agencies”), including any Bank Report required to be filed pursuant to the laws of the United States or any state or the rules or regulations of 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. Copies of all Bank Reports filed since December 31, 2017 by each party have been provided to the other party (except to the extent that such Bank Reports are publicly available). 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, 2017, in each case, which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect on it.
Bank Reports. 28 SECTION 11.3 Ownership of the Bank Data................................................................. 28 SECTION 11.4 Access to the Bank Data.................................................................... 29 SECTION 11.5 Return of Bank Data........................................................................ 29 SECTION 11.6 Privacy.................................................................................... 29
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. 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. 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. 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.
Bank Reports. Towne and each of the Towne Subsidiaries has filed all Bank Reports that they were required to file since December 31, 2013 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 Towne and each of the Towne 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 Towne’s and each of the Towne 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 Towne or any of the Towne Subsidiaries and no enforcement action, to its Knowledge, threatened by any Regulatory Agency.
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, 2016 with the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, 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 any of its Subsidiaries (collectively, the “Regulatory Agencies”), including any Bank Report required to be filed pursuant to the laws of the United States or any state or the rules or regulations of 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
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.
