* Each owner/guarantor must complete the "Information About Owner(s)/Guarantor(s)" section. If there are more than two owners/guarantors, please use a separate credit application.
The Business referenced herein is opening an account with First Niagara Bank, N.A.
(“First Niagara") and certifies to and agrees with either of the following two items
(please check the appropriate box):
Business does NOT engage in an “Internet gambling business" (defined
as the business of placing, receiving, or otherwise knowingly transmitting a bet
or wager by any means which involves the use, at least in part, of the Internet).
Business hereby agrees to promptly notify First Niagara in writing if and when the
Business should commence engaging in an Internet gambling business.
Business DOES engage in an “Internet gambling business." Business
understands that, in order to open the account the Business must:
(1) provide First Niagara with a copy of the Business' license issued
by the appropriate state or tribal authority that expressly authorizes the Business
to engage in the Internet gambling business;
(2) provide First Niagara with a third-party certification acceptable
to First Niagara (such as an official audit certification from an independent accounting
firm or examining agency) that the Business' systems for engaging in the Internet
gambling business are reasonably designed to ensure that such business will remain
within its licensed or otherwise lawful limits and that appropriate safeguards are
in place to prevent minors, or those in geographic locations where such conduct
would be illegal, from engaging in Internet gambling activity; and
(3) agree to notify First Niagara in writing of any change in the Business' legal
authority to engage in the Internet gambling business.
Business is hereby notified that unlawful Internet gambling transactions
are prohibited from being processed through an account or relationship with First
Niagara. Prohibited transactions are transactions in which a business accepts credit,
funds, instruments or other proceeds from another business or person in connection
with unlawful Internet gambling. Businesses found to be processing unlawful Internet
gambling transactions through an account or relationship with First Niagara may
be prohibited from conducting certain types of transactions, may be denied access
to certain payment systems, may have their account(s) closed, or may have their
customer relationship terminated.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT — To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
The business identified in this Application (the "Business") and each individual
signing this Application on behalf of the Business or as an owner (individually
a "Signer") (1) certify to First Niagara Bank, First Niagara Funding, Inc. and all
other subsidiaries and other affiliates of First Niagara Bank (individually a "Lender")
that (a) all information given in this Application is true, correct and complete
and is given for the purpose of obtaining from a Lender credit that will be used
only for business purposes and (b) the Signer signing this Application on behalf
of the business has authority to apply for credit on behalf of and bind the Business,
(2) authorize each Lender to (a) verify all information given in this application
(b) obtain and verify any information, including any credit report, that any Lender
believes to be appropriate in connection with this Application or any review, update,
extension or collection of any credit extended to the Business as a result of this
Application ("Credit"), (c) provide information concerning the Business, any Signer
or any Lender's credit experience with the Business or any Signer to credit reporting
agencies and others to the extent allowed by and in accordance with applicable law
and (d) keep this Application, whether or not it is approved, (3) acknowledge that
the making of a false statement or material omission of facts to a Lender may be
a federal crime requiring referral to appropriate law enforcement authorities, (4)
acknowledge that (a) any Lender may request a Credit report concerning any Signer
in connection with this Application or any update, extension or renewal of any Credit
and (b) upon request, any Lender will tell any Signer if a Credit report concerning
that Signer was requested and, if so, the name and address of the Credit reporting
agency furnishing the Credit report and (5) agree to pay all fees imposed by any
Lender in connection with this Application or any Credit.
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