Common use of General Effects Clause in Contracts

General Effects. (a) In the event of termination prior to the Closing Date, all obligations of the parties under this Agreement shall cease, except that the provisions specified in Section 17.22 shall survive. (b) In the event of termination following the Closing Date, all obligations of the parties including (i) operating the Program and servicing of the Accounts in good faith and in the ordinary course of their respective businesses, (ii) [*], (iii) originating and extending credit on Accounts and funding Cardholder Indebtedness, (iv) solicitations, marketing and advertising of the Program, (v) acceptance of Credit Card Applications through Company Channels in the ordinary course of business consistent with past practice and (vi) acceptance of Credit Cards for payment by Company and its Affiliates in accordance with this Agreement, shall continue upon notice of termination or non-renewal of this Agreement by either party, except as the parties may mutually agree, subject to the terms of this Agreement, until the provisions of Section 15.2 and Section 15.3 are satisfied; provided, however, [*]. The parties will cooperate in good faith to ensure the orderly wind-down or transfer of the Program, including the servicing thereof, in a manner that minimizes any adverse effect on the Program, Cardholders and Bank. [*] (c) In the event that Bank performs any of the servicing functions for the Program as of a Program Purchase Date (as defined below), Bank shall, upon request of Company or the Nominated Purchaser, continue to provide interim servicing for a period of up to [*] (“Bank Interim Servicing Period”) from and after such date [*] (d) Upon the satisfaction of the provisions of Section 15.2 and Section 15.3, all obligations of the parties under this Agreement shall cease, except that the provisions specified in Section 17.22 shall survive.

Appears in 1 contract

Sources: Credit Card Program Agreement (Target Corp)

General Effects. (a) In Notwithstanding the event expiration or early termination of termination prior this Agreement, and except as otherwise expressly provided in this Agreement or as agreed upon by the Parties and subject to Bank’s rights under Section 16.1(b), the Closing Date, all obligations terms of this Agreement shall continue and shall be binding upon the Parties through the end of the parties Wind Down Period and the Parties shall continue to enjoy their rights and perform their respective obligations under this Agreement shall cease, except that through the provisions specified in Section 17.22 shall survive. (b) In the event of termination following the Closing Date, all obligations end of the parties Wind Down Period, including performance of their respective obligations with respect to: (i) operating the Program and servicing of the Accounts in good faith and in the ordinary course of their respective businesses, (ii) [*]payment of Program economics as set forth in Article 9, (iii) originating and issuing Sun Country Credit Cards, extending credit on Accounts Accounts, and funding Cardholder Indebtedness, (iv) solicitationssubject to Bank’s limitations and obligations under Applicable Law, (1) soliciting Applications for and marketing and advertising of the ProgramProgram in accordance with Article 5, and (v2) acceptance of Credit Card accepting Applications through Company Sun Country’s Channels in the ordinary course of business consistent with past practice and (vi) acceptance of Credit Cards for payment by Company and its Affiliates in accordance with this Agreement, shall continue upon notice of termination or non-renewal of this Agreement by either party, except as the parties may mutually agree, subject to the terms of this Agreement, until the provisions of Section 15.2 and Section 15.3 are satisfied; provided, however, [*]practice. The parties Parties will cooperate in good faith to ensure the orderly wind-down or transfer of the Program, including the servicing thereof, Program in a manner that minimizes any adverse effect on the ProgramProgram and Cardholders, Cardholders including with respect to Bank, providing transition support by making Bank personnel available to respond to inquiries from Sun Country, at Bank’s sole cost and Bankexpense, as reasonably requested by Sun Country. Each Party agrees that it will (x) be responsible for its own costs and expenses during the Wind Down Period, except as otherwise specifically set forth in this Agreement, and (y) not incur any costs or expenses that are reimbursable by the other Party in accordance with the terms hereof without the prior approval of such other Party. (b) [*] (c) In To the event that Bank performs any of the servicing functions for the Program as of a Program Purchase Date (as defined below), Bank shall, upon request of Company extent not previously terminated or the Nominated Purchaser, continue to provide interim servicing for a period of up to [*] (“Bank Interim Servicing Period”) from and after such date [*] (d) Upon the satisfaction of the provisions of Section 15.2 and Section 15.3waived, all rights and obligations of the parties Parties under this Agreement shall ceasecease upon the expiration of the Wind Down Period, except that the provisions specified in Section 17.22 18.23 shall survive. (d) If this Agreement is terminated by Bank prior to the scheduled expiration of the Initial Term as a result of Sun Country’s breach of its obligations pursuant to the Agreement that remain uncured or as a result of Sections 14.1, 14.3 or 15.3, then [*]. [*] Indicates portions omitted pursuant to a request for confidential treatment filed separately with the Commission.

Appears in 1 contract

Sources: Credit Card Program Agreement (Sun Country Airlines Holdings, Inc.)

General Effects. (a) In the event of termination prior to the Closing Date, all obligations of the parties under this Agreement shall cease, except that the provisions specified in Section 17.22 shall survive. [*] Indicates confidential portions omitted pursuant to a request for confidential treatment filed separately with the Commission. (b) In the event of termination following the Closing Date, all obligations of the parties including (i) operating the Program and servicing of the Accounts in good faith and in the ordinary course of their respective businesses, (ii) [*], (iii) originating and extending credit on Accounts and funding Cardholder Indebtedness, (iv) solicitations, marketing and advertising of the Program, (v) acceptance of Credit Card Applications through Company Channels in the ordinary course of business consistent with past practice and (vi) acceptance of Credit Cards for payment by Company and its Affiliates in accordance with this Agreement, shall continue upon notice of termination or non-renewal of this Agreement by either party, except as the parties may mutually agree, subject to the terms of this Agreement, until the provisions of Section 15.2 and Section 15.3 are satisfied; provided, however, [*]. The parties will cooperate in good faith to ensure the orderly wind-down or transfer of the Program, including the servicing thereof, in a manner that minimizes any adverse effect on the Program, Cardholders and Bank. [*] (c) In the event that Bank performs any of the servicing functions for the Program as of a Program Purchase Date (as defined below), Bank shall, upon request of Company or the Nominated Purchaser, continue to provide interim servicing for a period of up to [*] (“Bank Interim Servicing Period”) from and after such date [*] (d) Upon the satisfaction of the provisions of Section 15.2 and Section 15.3, all obligations of the parties under this Agreement shall cease, except that the provisions specified in Section 17.22 shall survive.

Appears in 1 contract

Sources: Credit Card Program Agreement