The undersigned
acknowledges and agrees that where the name Case Credit Corporation
is used in any application or credit submitted to CNH Capital
America, LLC and any and all agreements and documents in connection
therewith it shall refer to and mean CNH Capital America, LLC,
a Delaware limited liability company and the successor by conversion
to Case Credit Corporation. This acknowledgment and agreement
is being provided by the undersigned in consideration of CNH Capital
America LLC reviewing the application of the undersigned and provided
credit, if any.
By signing
below, the applicant, partner or co-applicant (“Applicant”)
hereby (1) requests that Case Credit Corporation, doing business
as New Holland Plan (“New Holland Plan”), establish
a New Holland Plan Account (the “Account”) and to
issue to Applicant one or more card(s) (if card(s) are issued
to access the Account) to be used in connection with said Account;
(2) authorizes Case Credit to investigate Applicant’s credit
worthiness, including without limitation by obtaining reports
from credit reporting agencies and other information and credit
records, and to share such information and information regarding
the Account with credit reporting agencies, other creditors of
Applicant, third parties that Case Credit reasonably believes
are conducting credit inquiries in accordance with applicable
law, and subsidiaries and affiliates of Case Credit; (3) authorizes
Applicant’s past and present lenders, lessors, landlords
and other creditors to provide Case Credit or its designee with
any and
all information that will assist Case Credit in its credit inquiry;
and (4) certifies that all information provided in this application
is true and correct. This application is given for the purpose
of obtaining credit. Applicant agrees that, if an Account is opened
in response to this application, (i) the Account and the card(s)
(if card(s) are issued to access the Account) shall be governed
by the terms and conditions of the agreement establishing the
Account, as it may be amended from time to time; (ii) Applicant
shall be responsible for all charges, advances and fees made or
incurred under the Account by Applicant or anyone authorized or
permitted by Applicant to use the Account and/or the card(s) (if
card(s) are issued to access the Account); and (iii) the Account
shall be used only for agricultural, commercial or governmental
purposes, and not for personal, family or household purposes;
(iv) You further certify that you are authorized to sign on behalf
of the Applicant.
The person(s) signing below also agree, individually and not on
behalf of Applicant, that Case Credit or its designee may obtain
credit reports on said person(s) from credit reporting agencies,
and otherwise investigate the credit of said person(s), in connection
with Case Credit’s credit inquiry with respect to Applicant,
and hereby instructs all credit reporting agencies to provide
Case Credit with such credit reports upon request.
Notice to Ohio residents—– The Ohio laws against discrimination
require that all creditors make credit equally available to all
creditworthy customers and that credit reporting agencies maintain
separate credit histories on each individual upon request. The
Ohio Civil Rights Commission administers compliance with this
law.
Notice to Illinois residents—(a) No applicant may be denied
a credit card on account of race, color, religion, national origin,
ancestry, age (between 40 and 70), sex, marital status, physical
or mental handicap unrelated to the ability to pay or unfavorable
discharge from military service, (b) The applicant may request
the reason for rejection of his or her application for a credit
card, (c) No person need reapply for a credit card solely because
of a change in marital status unless the change in marital status
has caused a deterioration in the person's financial position,
and (d) A person may hold a credit card in any name permitted
by law that he or she regularly uses and is generally known by
so long as no fraud is intended thereby.
Notice to California residents—An applicant, if married,
may apply for a separate account.
Notice to married Wisconsin residents—Wisconsin law provides
that no agreement, unilateral statement or court decree relative
to marital property shall adversely affect a creditor's interest,
unless prior to the time credit is granted the creditor is furnished
a copy of the agreement, statement or decree, or has actual knowledge
of the adverse provision. You must indicate the name of your spouse
in the co-applicant / spouse section of this application.
PERSONAL
GUARANTY:PERSONAL GUARANTY: (Corporations or LLCs in
business less than 2 years, and all partnerships and proprietorships.
Guarantor must be owner/sole proprietor, general partner, or corporate
officer)
If an Account is opened in response to the foregoing application,
in consideration of Case Credit granting Applicant the Account,
the undersigned Guarantor hereby unconditionally, absolutely and
irrevocably guarantees the prompt and full payment and performance
of all of Applicant’s obligations under the agreement establishing
the Account (the “Agreement”), and further agrees,
in the event of any default under the Agreement, to pay the total
balance due on the Account upon demand, without requiring Case
Credit or its assignees to make demand and/or proceed first to
enforce the Agreement against the Applicant. The Guarantor hereby
waives notice of any modifications, amendments, or extensions
of the Agreement, and of Applicant’s non-performance or
breach of the Agreement. The payment obligations of the Guarantor
are the direct, primary, and continuing obligations of the Guarantor
and Guarantor’s heirs, successors and assigns, and not merely
a guaranty of collection.
By signing below the Guarantor also agrees, individually and not
on behalf of Applicant, that Case Credit or its designee may obtain
credit reports on said Guarantor from credit reporting agencies,
and otherwise investigate the credit of said Guarantor, and hereby
instructs all credit reporting agencies to provide Case Credit
with such credit reports upon request.
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