Privileged & Confidential. EXECUTION COPY
Privileged & Confidential. (b) Company shall forward to Bank mutually agreed information including name, address, social security number or taxpayer identification number, and date of birth (if applicable) regarding Applicants who meet the eligibility criteria set forth in a Credit Policy. Company shall have no discretion to override a Credit Policy with respect to any Applications.
Privileged & Confidential. (c) Subject to timely receipt of the Funding Statement, Bank shall transfer by wire transfer, or initiate a transfer by ACH, to an account designated by Company by no later than 3:00 PM Mountain Time on each Funding Date the aggregate amount of Loan Origination Fees set forth on the Funding Statement.
Privileged & Confidential. (2) All approvals, authorizations, consents, and other actions by, notices to, and filings with any Person required to be obtained for the execution, delivery, and performance of this Agreement by Company, have been obtained;
Privileged & Confidential. Schedule 2 The following terms shall apply as if fully set forth in the Agreement:
Privileged & Confidential. 2.8. The Supplier also undertakes that it shall not independently (other than on the Application) promote its products, services, offers, packages, etc to the Reseller or the Reseller’s customers directly, indirectly and /or through email, SMS or any other electronic or physical mode.
Privileged & Confidential contemplated by the Program Documents and the Prior Program Documents (including Losses arising from a violation of Applicable Laws or a breach by Company or its agents or representatives of any of Company’s representations, warranties, obligations or undertakings under the Program Documents and the Prior Program Documents). Notwithstanding the foregoing, Company shall not be obligated to indemnify any Indemnified Parties to the extent that the Losses arise from the gross negligence or willful misconduct of Bank, or its officers, directors, employees or agents (other than Company and its agents).
Privileged & Confidential. (5) there is a Change of Control of Company and the Bank exercises its termination right pursuant to this clause (5) not later than forty-five (45) days following receipt of the Company’s notice of such Change of Control of Company.
Privileged & Confidential. (f) Except as provided in Section 10(e), Bank shall not be obligated to approve Applications or establish new Loan Accounts after termination of this Agreement.
Privileged & Confidential representatives or subcontractors for the sole purpose of fulfilling the Restricted Party’s obligations under this Agreement (as long as the Restricted Party exercises reasonable efforts to prohibit any further disclosure by its Affiliates, agents, representatives or subcontractors), provided that in all events, the Restricted Party shall be responsible for any breach of the confidentiality obligations hereunder by any of its Affiliates, agents, representatives or subcontractors, (ii) to the Restricted Party’s auditors, accountants and other professional advisors, or to a Regulatory Authority or (iii) to any other third party as mutually agreed by the Parties.
