FOURTH AMENDMENT TO THE CREDIT CARD PROGRAM AGREEMENT
EXHIBIT 10.1
FOURTH AMENDMENT TO THE
CREDIT CARD PROGRAM AGREEMENT
CREDIT CARD PROGRAM AGREEMENT
This Fourth Amendment to the Credit Card Program Agreement (“Fourth Amendment”) is made and
entered into as of July 30, 2010 by and between HSBC Bank Nevada, National Association (“HSBC” or
“Bank”), and The Bon-Ton Stores, Inc. (“Bon-Ton”) and amends that certain Credit Card Program
Agreement dated as of June 20, 2005, as previously amended (“Agreement”).
WHEREAS, the undersigned parties desire to amend the Agreement.
NOW THEREFORE, in consideration of the mutual promises, covenants and agreements set forth
below and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, HSBC and Bon-Ton do hereby agree as follows:
| 1. | Section 20 of the Third Amendment to the Credit Card Program Agreement is deleted and
replaced in its entirety to read as follows: |
| (20) | Subject to the provisions of Schedule 3-20, attached hereto, (a) either
party may terminate this Third Amendment (the “Opt Out Right”) by providing written
notice to the other party (the “Opt Out Notice”) no earlier than April 1, 2010 and no
later than August 31, 2010, and (b) this Third Amendment shall terminate and be of no
further force or effect on the 14th day following delivery of the Opt Out
Notice (the “Opt Out Effective Date”). The entry into and, if applicable, subsequent
termination of this Third Amendment in accordance with this paragraph shall not
impact any rights of any party to the Agreement existing prior to the date of this
Third Amendment. |
2. All capitalized terms not otherwise defined herein shall have the same meaning afforded them in
the Agreement, as amended.
3. Except as otherwise modified herein, the terms and conditions of the Agreement, as amended,
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby execute this Fourth Amendment by their authorized
representatives.
| The Bon-Ton Stores, Inc. | HSBC Bank Nevada, National Association | |||||
By:
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/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ | By: | /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ | |||
| Authorized Signature | Authorized Signature | |||||
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Name (Type or Print)
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Name (Type or Print) |
President & Chief Executive Officer
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Executive Vice President | |
Title
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Title |