Cardholder Agreements. Nothing in these Terms is intended to supersede, replace, or otherwise modify any cardholder agreement you may have with USAA Bank. Where these Terms may be interpreted to contradict a cardholder agreement, that agreement should take precedence over these Terms.
Cardholder Agreements. The Accounts Receivable have been generated pursuant to the Accounts and pursuant to Cardholder Agreements which are legal, valid and binding upon the Seller and, to the best of Seller's knowledge, such Cardholder Agreements are legally binding agreements, enforceable in all material respects against the Cardholders or other obligors who are a party thereto in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, fraudulent transfer, reorganization, moratorium or similar laws of general applicability relating to or affecting creditors' rights or to general equity principles (regardless of whether such matters are considered in a proceeding in equity or at law) and the availability of equitable remedies. The Seller is in compliance with the Cardholder Agreements except where the failure to so comply would not have a material adverse effect on the Accounts Receivable.
Cardholder Agreements. Nothing in these Terms supersedes or otherwise modifies any agreement you may have with us concerning the terms and conditions applicable to your Card. If there is a conflict between any such agreement and these Terms, that agreement will take precedence over these Terms.
Cardholder Agreements. Attached as SCHEDULE 5.1(g) is a true, accurate and complete copy of each form of Cardholder Agreement governing an Account.
Cardholder Agreements. Schedule 2.23 attached hereto sets forth a list of all Cardholder Agreement forms currently in use. The terms of Cardholder Agreements have not been impaired, waived, altered or modified in any respect except as may be reflected in the Account Documentation (as defined below). "Account Documentation" shall mean all books and records in the possession of Seller, relating to the Accounts, consisting of applications for Accounts, acceptance certificates for prescreened offers, periodic statements, credit and collection files, file maintenance data correspondence, whether in documentary form or on microfilm, microfiche, magnetic tape, computer disk or other form.
Cardholder Agreements. The terms and conditions for the Credit Cards applicable to the Accounts are set forth in the Cardholder Agreements.
Cardholder Agreements. Other than with respect to the Minor Accounts, --------------------- each Cardholder Agreement is the legal, valid, and binding obligation of the Cardholder and any guarantor named therein and is enforceable in accordance with its terms. The Sellers have heretofore delivered to Buyers copies of the forms of Cardholder Agreements and credit card applications in their possession. The terms of such Cardholder Agreements have not been impaired, waived, altered, amended or modified in any material respect since December 31, 1998 and any such changes prior to such date were made in accordance with the Policies and Procedures and applicable Requirements of Law and are in full force and effect. As of the Closing Date, all such Cardholder Agreements are freely assignable and do not require the approval or consent of any Cardholder or any other Person, individual or entity to effectuate the valid assignment of the same in favor of Monogram, with respect to Consumer Accounts, and GE Capital, with respect to Commercial Accounts. Each Seller is in compliance with all the terms and conditions in the Cardholder Agreement and has performed all of its duties thereunder; and no default, breach or other event by the Sellers, which with the passage of time or the giving of notice, or both, would constitute a default or breach thereunder exists or, to Sellers' knowledge, is threatened.
Cardholder Agreements. Attached as Schedule 4.1(g)(i), to the best knowledge of Seller, are copies of all forms of Cardholder Agreements governing the Accounts. Except as set forth in Schedule 4.1(g)(ii), the Cardholder Agreements accurately reflect the method Seller uses to calculate and impose charges, collect fees and payments and to process and service the Acquired Assets. Seller has made no promises, commitments or agreements to any Cardholder except in accordance with the Policies and Procedures.
Cardholder Agreements. Schedule 3.19 attached hereto sets forth a list of all Cardholder Agreement forms currently in use. Except as set forth on Schedule 3.19, the terms of Cardholder Agreements have not been impaired, waived, altered or modified in any material respect.
Cardholder Agreements. Each Cardholder Agreement (including for the purposes of this subsection (f), the Cardholder Agreements with respect to the NBGL Retained Accounts) is the legal, valid, and binding obligation of the Cardholder, is enforceable in accordance with its terms except as set forth on Schedule 4.3(f) or as may result from a Change in Law, and is in compliance with applicable law in all material respects. Sellers have heretofore made available to Household Bank copies of the forms of Cardholder Agreements and credit card applications in their possession. The terms of such Cardholder Agreements have not been subsequently impaired, waived, altered, amended or modified in any material respect, except consistent with the Credit Card Guidelines (as defined in the Master Trust Agreement). As of the Closing Date, all such Cardholder Agreements are freely assignable and do not require the approval or consent of any Cardholder or any other Person to effectuate the valid assignment of the Cardholder Agreements relating to the Accounts in favor of Household Bank except as provided in the Securitization Contracts. Each Seller is in compliance in all material respects with all the terms and conditions in each Cardholder Agreement and has performed all of its duties thereunder in all material respects; and no default, breach or other event by Sellers, which with the passage of time or the giving of notice, or both, would constitute a default or breach by Sellers thereunder exists or, to Sellers' knowledge, is threatened.
