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  • Lvnv Funding Llc v. Jessica MyersOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Jessica MyersOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Jessica MyersOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Jessica MyersOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Jessica MyersOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Jessica MyersOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Jessica MyersOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Lvnv Funding Llc v. Jessica MyersOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
						
                                

Preview

FILED: COLUMBIA COUNTY CLERK 08/24/2023 03:39 PM INDEX NO. E012022019215 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/24/2023 Card Agreement Guide This Guide will help you easily identify sections of the Card Agreement and give you a brief overview of the contents of each section. This is not intended to be a complete summary of the Card Agreement's contents, and we encourage you to read your entire Card Agreement, including the arbitration provision, before you use your Account. DEFINITIONS ACCOUNT INFORMATION, INFORMATION SHARING AND 1 Lists the meanings of particular phrases and terms used in the Card Agreement. 9 COMMUNICATIONS Explains that your personal information we use to manage your Account should always be up to date. Also notes that we share information about you and your Account. In addition, this section YOUR ACCOUNT describes how we may contact you. 2 Describes some of your responsibilities for using your Account. TRANSACTIONS 3 ANNUAL PERCENTAGE RATES & INTEREST CHARGES Shows how we calculate interest rates and how that affects your Account balance. 10 Provides important information about merchant credits, recurring Transactions and card refusals. ARBITRATION 4 FEES & FOREIGN CURRENCY CONVERSION Describes the fees that can be applied to your Account, including annual membership fees, late fees, as well as foreign transaction 11 Explains that you cannot go to court, have a jury trial or initiate or participate in a class action if you have a dispute with us. Instead, this provision tells you that the dispute must be resolved by a professional arbitrator, not a judge or jury. This section also fees for Purchases not in U.S. dollars. explains how arbitration works and some of the differences 400604 between resolving a dispute in arbitration and resolving one in court. PAYMENTS 5 Shows how your monthly Minimum Payment Due is calculated, tells you how we apply your payments to balances, and gives you AGREEMENT & BENEFIT CHANGES certain instructions for making payments (and tells you the possible consequences of not following those instructions). 12 Explains that we can make changes to the Card Agreement and your card benefits and features. AUTHORIZED USERS 6 Describes an Authorized User's rights and your responsibility for that user. Also describes what information we can share about you and your Authorized User. 13 MISCELLANEOUS Explains subjects that aren't included in previous sections. YOUR BILLING RIGHTS 7 DEFAULT, CLOSING OR SUSPENDING YOUR ACCOUNT Tells you when we may require immediate payment of your total Account balance, and explains when we may close or suspend your 14 Explains your billing rights, which include how to address possible statement mistakes and your rights if you're not satisfied with a Purchase. Account, and when you may close your Account. CREDIT REPORTING 8 Describes what information we provide about you to credit reporting agencies, and how to dispute items on your report. This section also explains how we use information we get about you from those agencies. FILED: COLUMBIA COUNTY CLERK 08/24/2023 03:39 PM INDEX NO. E012022019215 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/24/2023 Card Agreement This Card Agreement (Agreement) is your contract with us. The Facts about Interest and Fees document (Fact Sheet) is part of this Agreement. The Fact Sheet shows important information about your Account, such as your annual percentage rates and certain fees. Any amendments to this Agreement also are part of this Agreement. Please read all parts of this Agreement, including the arbitration provision, and keep it for your records. Note: Throughout the Agreement are examples, helpful tips, and additional explanations that will make the Agreement easier to understand. 1 DEFINITIONS Account - Your Citi® Double Cash Account. Citi Flex Pay - Eligible Transactions that you select to be paid under a Citi Flex Adjusted New Balance - Your New Balance less any Citi Flex Plan balance. Plan. Annual Percentage Rate (APR) - A rate, shown as a percentage, used to calculate Citi Flex Plan - A feature on your Account to pay Citi Flex Loans or Citi Flex Pay 400605 interest on the balance on your Account. amounts in fixed payments over a defined number of Billing Periods subject to a Citi Flex Plan APR. Authorized User - Any person you allow to use your Account with a Card we provided with that person's name. Consumer Reporting Agency - An organization, such as Experian, Equifax and TransUnion, that compiles credit information for the purpose of generating Balance Transfer - Use of a Balance Transfer offer, including use of a check that consumer credit reports. It's also known as a "credit bureau" and a "credit reporting accesses your Account for any transaction, or the transfer of a balance from agency." another credit account to your Account. Include and including - These terms mean "include [or including] without Billing Period - The period of time between each date when we create a statement limitation." for your Account. A Billing Period is usually 28-33 days. For each Billing Period, your statement will show any Transactions, other charges, payments and other Late Payment - A payment is late if you don't pay at least an amount equal to the credits posted during that Billing Period. Minimum Payment Due minus any Overlimit Amount by the payment due date. Business Day - Monday through Friday, excluding federal holidays. New Balance - The total amount you owe us at the end of each Billing Period. This amount is shown on each statement under the heading "New Balance". We explain Card - One or more cards or other devices (including an account number) used to how we calculate the New Balance below. access your Account to obtain credit. Overlimit Amount - The amount by which your Account balance exceeds your Card Networks - Organizations, such as Mastercard, Visa and American Express, credit limit in any Billing Period. that facilitate the payment process between a cardmember, merchants and a card issuer. Purchase - Use of your Card to buy goods and services. Balance Transfers and Cash Advance - Use of your Card to get cash, including foreign currency, or for Cash Advances are not Purchases. what we consider a cash-like transaction. Examples include using your Card for: Returned Payment - A payment that isn't honored by your financial institution. ATM and teller withdrawals, wire transfers, money orders, traveler's checks, lottery tickets, gaming chips and other methods used for gambling, wagers and other Transaction - A Balance Transfer, Cash Advance, Purchase or Citi Flex Plan, as betting transactions. A Citi Flex Loan is not a Cash Advance. applicable. Citi Flex Loan - Funds provided to you by check or by direct deposit that you select we, us, and our - Citibank, N.A. to be charged to your Account and repaid under a Citi Flex Plan. Balance Transfers you and your - The cardmember who opened the Account. and Cash Advances are not Citi Flex Loans. You'll find definitions of other terms within this Agreement. 2 FILED: COLUMBIA COUNTY CLERK 08/24/2023 03:39 PM INDEX NO. E012022019215 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/24/2023 2 YOUR ACCOUNT Your Account use is subject to this Agreement. You must pay us for all amounts Citi Flex Plan. Your ability to create a Citi Flex Plan will depend on the amount of due on your Account, including: your available credit, creditworthiness, and other factors. We may limit the number of active Citi Flex Plans you can have and we may change this number at any time. 1. Transactions you make, even if you didn't present your Card or sign for the There are two ways to create a Citi Flex Plan – Citi Flex Pay and Citi Flex Loan. Transaction; 2. Transactions an Authorized User makes; With Citi Flex Pay, you can pay for eligible Transactions under a Citi Flex Plan. An eligible Transaction for Citi Flex Pay must be a Purchase of at least a specified 3. Transactions that other people make if you or an Authorized User let them use dollar amount and does not include a Purchase of cash or cash equivalent, a your Account; and Purchase subject to Foreign Transaction Fees or any fee owed to us. Other 4. Any fees and interest charges on the Account. exclusions may apply. Binding Agreement. This Agreement takes effect once you use your Card. Even if With Citi Flex Loan, you can use your Account’s credit line to access funds and you don't use your Card, this Agreement will take effect unless you contact us to pay such funds under a Citi Flex Plan. You can only create a Citi Flex Loan if you cancel your Account within 30 days after we sent you this Agreement. receive an offer. The offer will tell you the terms, including the APR, that will apply Credit Limit. We assign a credit limit to your Account. Part of this credit limit may to that Citi Flex Loan. be available for Cash Advances, and there may be a limit on the amount of Cash Unlawful Transactions. You aren't permitted to use your Account for unlawful Advances you can take in a given period. We may authorize Transactions that Transactions. If you do use your Account for unlawful Transactions, this Agreement cause your balance to exceed your credit limit. still applies and you must pay us for those Transactions. You also may have to pay ACCOUNT USE the Card Network and/or us for any damages and expenses resulting from that use. Consumer Purposes. You aren't permitted to use your Account for business In addition, we may close your Account. 400606 purposes. If you do use your Account for business purposes, this Agreement still Mobile Phones or Other Devices. Smart phones, tablets and other electronic applies, and you must pay us for those Transactions. You may also have to pay us devices can store your Card (such as through a mobile wallet). This means they for any damages and/or expenses resulting from that use. In addition, we may can be used to make Purchases or other Transactions. Any such Transactions are close your Account. covered by this Agreement. Apps that use your Card to make Transactions may have separate terms of use. We're not responsible if you violate those terms, or for any consequences resulting from any violation. Note: It's important to protect your devices the same way you protect your Card. Anyone who can access your Card using your device also can make charges to your Account using that device. 3 ANNUAL PERCENTAGE RATES & INTEREST CHARGES The following sections explain how we calculate the interest you owe each Billing Period. How is a variable APR calculated? APRs. We use APRs to calculate interest charges on your Account. Different APRs If the U.S. Prime Rate published in the WSJ two Business Days may apply to different Transactions. See the listing of your APRs on the Fact before the end of a Billing Period is 5%; and Sheet. If the Margin is 13.99%; then Add the two together to calculate a variable APR: Variable APRs. A variable APR is an APR that can change each Billing Period. We calculate each variable APR first by taking the U.S. Prime Rate from The Wall 5% + 13.99% = 18.99% Street Journal (WSJ) two Business Days before the last day of each Billing Period. (If the WSJ doesn't publish the U.S. Prime Rate that day, then we'll use another publication.) Then we add to the U.S. Prime Rate a certain percentage amount, which we call the Margin. You can find the Margin we use for your Account in the Your variable APRs will increase if the U.S. Prime Rate increases and decrease if Details About Your Interest Rate section of the Fact Sheet. the U.S. Prime Rate decreases. If a variable APR increases, then your interest charges and Minimum Payment Due may increase. If the U.S. Prime Rate changes, we'll apply the new variable APR starting from the first day of the Billing Period when we take the U.S. Prime Rate from the WSJ. The new APR will apply to existing balances, as well as balances added to your Account after the change. Penalty APR. If you have a Late or Returned Payment, we may apply a penalty APR to your Account. We determine your penalty APR based on your creditworthiness. 3 FILED: COLUMBIA COUNTY CLERK 08/24/2023 03:39 PM INDEX NO. E012022019215 Ÿ Penalty NYSCEF DOC. APRNO. 8 Transactions (less than 60 days late). If you make a for new Interest Calculation. Each daily balance may have a different RECEIVED NYSCEF: APR. Certain 08/24/2023 Late Payment and it's less than 60 days late or you have a Returned Payment, categories of Transactions in a daily balance may have multiple APRs. For the penalty APR only will apply to new Transactions. We'll review your Account example, you may make a Purchase or Balance Transfer that's subject to a from time to time to determine if a penalty APR should be reduced. promotional APR. If a daily balance on your Account is subject to an APR, we'll Ÿ Penalty APR for existing balances and new Transactions (60 or more days charge interest on that daily balance. We use the daily balance method (which late). If we haven't received your Minimum Payment Due within 60 days after its includes new Transactions). If interest applies to a balance, it will start applying on due date, we may apply the penalty APR to both the existing balances and new the day a charge is added to that balance and continue until that balance is paid in Transactions. If you make your next six consecutive Minimum Payments Due full. We consider a credit balance as a balance of zero when calculating interest on on time, we'll stop applying the penalty APR to existing balances and new that balance. Transactions. If you don't make your next six consecutive Minimum Payments Ÿ We multiply each daily balance by its applicable daily periodic rates (each Due on time, the penalty APR may continue to apply indefinitely to existing applicable APR divided by 365). balances and new Transactions. Ÿ We do this for each day in the Billing Period. This gives us the daily interest Daily Balance amounts. We calculate interest on your Account each Billing Period first by calculating your Ÿ Then we total all the daily interest amounts for all the daily balances. This gives daily balances. The following explains how we do that. us the total interest for the Billing Period. Here's how and when Transactions, fees and credits are applied to the balances on your Account: Note: Your balances, and their corresponding APRs, are shown on your statement. Ÿ We add the amount of a Purchase or Balance Transfer to the Purchase balance as of the post date on your statement. Ÿ We add the amount of a Cash Advance to the Cash Advance balance as of the Calculating the New Balance. To calculate the New Balance at the end of each post date on your statement. Billing Period, we begin with the total Account balance at the start of that Billing Period. Then we add any Transactions that are new to the Account during that Ÿ We add a Balance Transfer fee to the Purchase balance as of the post date on Billing Period. Then we subtract any credits applied or payments made during that your statement. Billing Period. Then we add any interest charges or fees incurred during that Billing 400607 Ÿ We add the amount of any eligible Transaction under Citi Flex Pay or a Citi Flex Period and make any other adjustments, as applicable (for example, if you have Loan to a Citi Flex Plan balance as of the post date on your statement. If you disputed a charge). moved an amount from another balance within your Account to a Citi Flex Plan, we will credit the other balance in the amount you added to a Citi Flex Plan in Grace Period on Purchases. You won’t pay any interest on Purchases if you pay order to avoid double counting that amount. the Adjusted New Balance, including any Balance Transfers, plus any Citi Flex Plan Ÿ We add a Cash Advance fee to the Cash Advance balance as of the post date Payment Amount, in full by the payment due date shown on your statement each on your statement. We'll add any other fees to the balance of our choice. If Billing Period. We call this a grace period on purchases. If you don’t pay your you're charged interest in a Billing Period, but the amount calculated is less Adjusted New Balance in full, plus any Citi Flex Plan Payment Amount, by the than $0.50, we'll add additional interest to the balance(s) of our choice so that payment due date in a Billing Period, you’ll pay interest on your Purchases from the you'll be charged $0.50 in interest for that Billing Period. date they’re posted to your Account. You also won’t have a grace period on Ÿ We subtract credits and payments as of the post date shown on your statement. Purchases again until you pay the Adjusted New Balance in full, plus any Citi Flex Plan Payment Amount, by the payment due date 2 Billing Periods in a row. Ÿ Each balance may have a different APR. Certain categories of Transactions in a balance may have multiple APRs. For example, you may make a Purchase or There’s no grace period on Balance Transfers and Cash Advances. This means Balance Transfer, or create a Citi Flex Plan, that's subject to a promotional you’ll pay interest on Balance Transfers and Cash Advances from the date these APR. Your balances, and their corresponding APRs, are shown on your Transactions post to your Account. statement. Note: The post date shown on your statement will usually be the date of Important Information about Citi Flex Plans: We apply any amount you pay over the Transaction, but it may be later. your Minimum Payment Due first to the balance with the highest APR, then to the balance with the next highest APR, and so on, as described in Section 5, Application of Payments. This means that, if the APR for a Citi Flex Plan balance is Here's how we calculate each of the daily Purchase, Cash Advance and Citi higher than an APR that applies to another balance on your Account, we will apply Flex Plan balances on your Account: the amount you pay above the Minimum Payment Due to that Citi Flex Plan balance prior to that other balance. This will cause you to pay off that Citi Flex Plan Ÿ We start with the daily balance from the end of the previous day. balance before the end of its repayment period and may result in an amount Ÿ We add any new Transactions, fees and other charges, including interest remaining due on your next billing statement for the other balance, increasing your accrued on the previous day's balance. This means that interest is compounded Adjusted New Balance on your next billing statement. daily. Ÿ We subtract any credits or payments credited as of that day. You can see your balances and their corresponding APRs on your statement. Ÿ We make additional adjustments as appropriate, subject to applicable law (as an example, for a disputed charge). This gives us the daily balance for that day. Daily balance for purchases from the previous day + New purchases + Fees and interest accrued on the previous day's Purchase balance - Payments, credits and adjustments posted that day = New daily balance for Purchases 4 FILED: COLUMBIA COUNTY CLERK 08/24/2023 03:39 PM INDEX NO. E012022019215 NYSCEF DOC. NO. 8 Grace Period for Citi Flex Plan balances. When you create RECEIVED a Citi Flex NYSCEF: Plan, you 08/24/2023 For example, in a sample Billing Period, an Account with no past due or will be charged interest on the Citi Flex Plan balance from the start of the Billing Overlimit Amounts, has: Period following the Billing Period when you created the Citi Flex Plan. This means that you will not be charged interest on the Citi Flex Plan balance during the Billing Citi Flex Plan: $5,000 with a repayment period of 24 months at 16.99% Period in which you created the Citi Flex Plan. APR Citi Flex Plan statement balance in sample Billing Period: $4,090 Citi Flex Plan interest charge in sample Billing Period: $56.92 Citi Flex Plan Payment Amount per Billing Period: $248 and Purchase balance: $5,000 Minimum Payment Due for Purchases: $75 (Calculations are approximate and for illustrative purposes only.) The New Balance for the Account: is $9,090. The Adjusted New Balance is the New Balance ($9,090) less the Citi Flex Plan Balance ($4,090): $5,000. Your Minimum Payment Due is $323 ($75 + $248). To retain your grace period on purchases, you must pay the Adjusted New Balance ($5,000) plus your Citi Flex Plan Payment Amount ($248): $5,248. If your Purchase APR is equal to or higher than your Citi Flex Plan APR and you make a payment to retain your grace period on purchases ($5,248), your Purchase balance will be reduced to $0. This means that, to retain your grace period on purchases in the next Billing Period, you will be required to 400608 pay $248 (your Citi Flex Plan Payment Amount), assuming you do not make any new Transactions. If your Purchase APR is lower than your Citi Flex Plan APR and you make a payment to retain your grace period on purchases ($5,248), your Purchase balance will only be reduced by $75 (to $4,975). This is because your payment above the Minimum Payment Due will be applied to your Citi Flex Plan balance first. As a result, to retain your grace period on purchases in the next Billing Period, you will be required to pay $4,975 (your remaining Purchase balance) plus $248 (your Citi Flex Plan Payment Amount) for a total of $5,223, assuming you do not make any new Transactions. This amount is greater than the $248 you would have been required to pay in order to retain your grace period on purchases if the Citi Flex Plan APR had been equal to or lower than the Purchase APR. We will continue to apply any payments above the Minimum Payment Due to your Citi Flex Plan balance, and not your Purchase balance, until your Citi Flex Plan balance is paid in full. 5 FILED: COLUMBIA COUNTY CLERK 08/24/2023 03:39 PM INDEX NO. E012022019215 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/24/2023 4 FEES & FOREIGN CURRENCY CONVERSION Fees Amount About the Fee Late Fee None for the first late payment; up to $35 We won't charge a late fee the first time you make a Late Payment. After that, after that. we have the right to charge you a late fee if you make a Late Payment. The late fee is $25 and, if you make another Late Payment within the next 6 Billing Periods, the late fee will be $35. The amount of your late fee will never be higher than your Minimum Payment Due. Returned Payment Fee Up to $35 We have the right to charge you a Returned Payment fee of $25 if your bank doesn't honor your payment. If that happens, we'll resubmit the payment request. If your bank doesn't honor another payment within 6 consecutive Billing Periods, the Returned Payment fee will go up to $35. Transaction Fee for Balance Transfers Either $5 or 3% of the amount of each We charge you a fee for each Balance Transfer. transfer, whichever is greater. Transaction Fee for Cash Advances Either $10 or 5% of the amount of each We charge you a fee for each Cash Advance. cash advance, whichever is greater. Transaction Fee for Purchases in 3% of the amount of the Transaction We charge you a fee for a Purchase made in a currency other than U.S. Foreign Currency after conversion to U.S. dollars. dollars, regardless of where the Transaction takes place or who the merchant 400609 is. FOREIGN CURRENCY CONVERSION If a third party, such as a merchant, converts the amount of a Purchase into U.S. dollars before sending the Purchase to a Card Network, the third party chooses the Foreign Currency Conversion - Purchases. A Card Network converts the amount conversion rate instead of the Card Network. of a Purchase in a foreign currency into U.S. dollars. Each Card Network follows its own procedures for conversion. These procedures include how the Card Network Foreign Currency Conversion - Cash Advances. If you take a Cash Advance in chooses an exchange rate and when to do the conversion. For example, Visa a foreign currency at an ATM or branch of a financial institution, it may not be the chooses either a government-mandated exchange rate or chooses from a range of Card Network in all instances that converts the Transaction into U.S. dollars. rates available on wholesale currency markets (and, in either case, the exchange Instead, depending on where the Transaction takes place, another third party, such rate that it chooses may be less favorable than the rate that Visa itself receives as a financial institution, ATM network, or ATM operator, may do the conversion. when it makes foreign currency transactions). Depending on the policies of each We do not control this. However, if you use your Card for a Cash Advance at a Card Network, the exchange rate chosen may be the one in effect on the day the Citibank ATM or branch, then we or our affiliates may do the conversion. Card Network does the conversion, or on the day before. The exchange rate that a The party that converts a Cash Advance to U.S. dollars will choose the exchange Card Network uses to convert the Purchase to U.S. dollars may differ from the rate rate and when to do the conversion. The exchange rate in effect on the date the in effect on the date you made the Purchase or on the post date for that Purchase Cash Advance is converted to U.S. dollars may differ from the rate in effect on the shown on your statement. The Card Network's procedures may change without date you took the Cash Advance or the post date for that Transaction shown on notice. your statement. The exchange rate may also differ from any rate quoted to you when you made the Transaction. 6 FILED: COLUMBIA COUNTY CLERK 08/24/2023 03:39 PM INDEX NO. E012022019215 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/24/2023 5 PAYMENTS Minimum Payment Due. You may pay all or a part of your Account balance at any The formula we use for determining the amount described directly above is: time. You must pay at least the Minimum Payment Due by the payment due date each Billing Period. Ÿ The Citi Flex Plan balance, multiplied by Your "Minimum Payment Due" equals: Ÿ (IPAPR / 12 ) / (1-(1 + IPAPR / 12 ) - N), rounded up to the nearest dollar. “IPAPR” equals the specific Citi Flex Plan APR applicable to the Citi Flex Plan Ÿ Any amount past due; plus balance. “N” equals the number of months in the Citi Flex Plan repayment Ÿ Any Overlimit Amount; plus period. Ÿ Any Citi Flex Plan Payment Amount; plus Ÿ The greater of: The actual interest charged on your Plan will be calculated as described in Section 1. The Adjusted New Balance, if it's less than $25; 3. Your first Citi Flex Plan Payment Amount will be due in the Billing Period 2. $25 if the Adjusted New Balance is at least $25; following the Billing Period in which you created the Citi Flex Plan. If you do not pay your Minimum Payment Due in full by the due date, you may owe additional interest 3. 1% of the Adjusted New Balance (rounded to the nearest dollar), plus any on your Citi Flex Plan balance. This will not increase the Citi Flex Plan Payment billed interest or minimum interest charge, plus any late fee; or Amount for subsequent Billing Periods, but you may be required to make additional 4. 1.5% of the Adjusted New Balance (rounded to the nearest dollar). payments after the end of the Citi Flex Plan repayment period to pay your Citi Flex Plan balance (including any additional interest) in full. The Minimum Payment Due is never more than the New Balance. Note: Your payment due date is typically the same day of the month, If you have not paid your Minimum Payment Due for any three Billing Periods every month. You may request a change to your monthly due date. 400610 during the Citi Flex Plan, and the Minimum Payment Due for those three Billing Periods remains outstanding at the end of your current Billing Period, we may cancel any existing Citi Flex Plan from your Account, then add the balance of any How is the Minimum Payment Due calculated? canceled Citi Flex Plan to the Purchase balance, retaining the Citi Flex Plan APR that was in effect at time of cancellation. We may also do this if: For example, in a sample Billing Period, an Account with no past due, Overlimit or Citi Flex Plan Payment amount has: Ÿ You file for bankruptcy or some other insolvency proceeding is filed by or New Balance: $2,500 against you. Interest: $18.54 Ÿ You don’t honor the terms of this Agreement. Ÿ You’re declared incompetent or mentally incapacitated or in the event of your Since the New Balance is more than $25, and there are no past due or death. Overlimit amounts, the Minimum Payment Due will be the greater of: Ÿ You enter into a hardship assistance program. 1% of the New Balance (1.0% x $2,500: $25.00) + interest ($18.54): $43.54 or If any of the above events occur, we will calculate the Minimum Payment Due as 1.5% of the New Balance (1.5% x $2,500): $37.50 part of the Adjusted New Balance as described in Section 5 and you will no longer pay a monthly Citi Flex Plan Payment Amount. Any canceled Citi Flex Plan Since 1% of the New Balance plus interest ($43.54) is greater than 1.5% of balance amount that was added to a Purchase balance will not be added back to a the New Balance ($37.50) the Minimum Payment Due is $43.54. Citi Flex Plan balance, even if you pay your outstanding Minimum Payment Due in full. You will not be eligible to create another Citi Flex Plan until you pay your Citi Flex Plan Payment Amount. The Minimum Payment Due will include any outstanding Minimum Payment Due in full, and then only if we offer you the amount due on a Citi Flex Plan balance each Billing Period (the “Citi Flex Plan opportunity to create another Citi Flex Plan. Payment Amount”). You must pay the Citi Flex Plan Payment Amount each Billing Period, calculated as described below, for so long as any balance remains in the Citi Flex Plan. The Citi Flex Plan Payment Amount will never be more than the Important Information about Citi Flex Plans and Promotional APRs: If your Citi amount of the Citi Flex Plan balance. Flex Plan APR is higher than any other APR, such as a promotional Balance Transfer APR, we will apply any payment you make above the Minimum Payment We determine the Citi Flex Plan Payment Amount for each Citi Flex Plan that you Due to that Citi Flex Plan balance prior to the lower APR balances. This means will pay in each Billing Period as follows: that if you want to pay off a balance with a lower promotional APR before the promotional period expires, you must first pay off all your other balances with higher APRs, including your Citi Flex Plan balance, before you can pay off Ÿ The Citi Flex Plan balance as of the date you create the Citi Flex Plan, plus that promotional balance. Ÿ The estimated interest charges for the Citi Flex Plan calculated on the daily balance from the start of the next Billing Period following the Billing Period in which you created the Citi Flex Plan through the end of the Cit