Promotional Plans. We calculate the Deferred Interest Charge on your account by applying the periodic rate to each Promotional Plan Average Daily Balance. These are special promotional transaction balances on which interest charges are accruing but will be waived provided (i) the balance for the Promotional Plan is paid in full by the promotion expiration date as specified on your billing statement, and (ii) you do not default, by failing to make any Minimum Payment Due by 60 days from the due date shown on your billing statement, before the Promotional Plan has been paid in full. Promotional Plans with different promotional expiration dates or terms are treated as different Credit Plans for this purpose. To get the Promotional Plan Average Daily Balance, we take the beginning balance of each Promotional Plan account each day and subtract any payments or credits applicable to that Plan. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us each Promotional Plan Average Daily Balance, which is also called the “Deferred Interest Balance” on your monthly statement. We then multiply the Promotional Plan Average Daily Balance by the daily periodic rate (DPR). That number is then multiplied by the number of days in the billing period and displayed as “Deferred Interest Charge” on your billing statement. The Deferred Interest Charge, if any, is accumulated from billing cycle to billing cycle and posted to your Account as Interest Charges only if the applicable Promotional Plan balance has not been paid in full by the promotion expiration date or if you default, by failing to make any Minimum Payment Due by 60 days from the due date shown on your billing statement, before the Promotional Plan transactions have been paid in full. (c) Days in Billing Period. For interest charge calculation purposes, the billing period begins on the day after the Statement/Closing Date of the previous billing period and includes the Statement/Closing Date of the current billing period. The number of days in the billing period may vary. (d) Minimum Interest Fee. A minimum interest charge of $2.00 will be assessed on each Account for any billing cycle in which an interest charge is due.
Promotional Plans. Before the beginning of each year of the Term, Sears and Seller shall conduct a joint planning session (an “Annual Planning Session”) to set growth targets and discuss new or existing Products or strategies designed to increase the volume under the program for the coming year, discuss strategies and assign responsibilities for marketing support, and discuss capacity estimates for the relevant calendar year. During each year of the Term, Sears and Seller shall meet at least two additional times for seasonal updates to the plan prepared in the previous Annual Planning Session. * Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. The omitted portions, marked by “*”, have been separately filed with the Commission.
Promotional Plans. According to Exhibit A, Partner shall develop and implement an effective program for the marketing of the Products. Partner shall use best efforts to promote and increase the sales of the Products, to create and maintain an increasing demand and market position for the Products, to obtain a reasonable share of the market for the Products and establish, maintain and enhance the reputation and goodwill of the Products. Training. Partner will send a number of its personnel for product training. The exact number and profile of the personnel in accordance to Exhibit A. Training will be arranged by TimeXtender at a location established by TimeXtender, expenses for travel and accommodation for Partners own Personnel will be held by Partner. The training should be for certification and conducted within thirty (30) days after the date of this Agreement. Thereafter, recertification training will be required for any major new release of software. Partner must send appropriate personnel to product training within thirty (30) days of determining to market any new product offering. Partner will be responsible for any expenses of such training. Promotional Literature. Partner may use the brochures and other promotional literature describing the Product that TimeXtender provides the Partner. Partner may customize and reproduce the promotional literature for distribution within the Territory; provided, that Partner submits any proposed new versions of the promotional literature to TimeXtender for its prior written approval. If TimeXtender does not notify Partner of objections to such customizations within 10 business days of TimeXtender’s receipt of such literature, the literature will be deemed approved by TimeXtender. Partner will affix TimeXtender’s copyright notice to all such literature, and Partner will bear all related production costs.
Promotional Plans. Under the Pier 1 Program. After the Effective Date, there will not be any special credit plans and/or promotional programs offered in the Pier 1 Program that would be comparable to those referenced in Section 2.7 of this Agreement and/or defined as “Promotional Programs” under Schedule 1.1 (B). Note: The following provision shall apply with regard to representations and warranties containing the qualifier “to the best knowledge of Pier 1’s officer executing this Agreement . . . ..” (a) If that qualifier is the only thing that prevents Pier 1 from having committed a breach hereunder, such absolution of breach does not constitute or equate to an absolution of any liability (including but not limited to Losses as defined in Section 8) that would apply if the underlying event would otherwise have constituted a breach. (b) No individual referenced in such qualifier shall be held personally liable for their actions. SECTION 5. COVENANTS OF PIER 1 Pier 1 hereby covenants and agrees as follows: 5.1
Promotional Plans. Flexiti may offer promotional consumer financing plans (“Promotional Plans”) for Merchant to offer to Customers, subject to such terms and conditions as Flexiti may determine from time to time. LFL acknowledges that it is the parties’ expectation that total annual Eligible Volume financed by way of equal monthly payment plans will not represent more than [***] of total annual Eligible Volume (relative to the Eligible Volume financed by way of deferred plans), excluding non-prime and regular credit purchases. If this expectation is not met, Flexiti may escalate this matter to the Program Committee.
