Examples of First Tier Purchase Agreement in a sentence
The Borrower will, at its expense, timely and fully perform and comply (or cause (i) Regional Management to perform and comply pursuant to this Agreement and other Basic Documents to which Regional Management is a party or (ii) each Originator to perform and comply pursuant to the related First Tier Purchase Agreement) with all provisions, covenants and other promises required to be observed by it under the Basic Documents and the Contracts.
The Borrower will, at its expense, timely and fully perform and comply (or cause (i) Regional Management to perform and comply pursuant to this Agreement and other Basic Documents to which Regional Management is a party or (ii) each Originator to perform and comply pursuant to the related First Tier Purchase Agreement) with all provisions, covenants and other promises required to be observed by it under the Basic Documents and the Receivables.
The Borrower will, at its expense, timely and fully perform and comply (or cause (i) Regional Management to perform and comply pursuant to this Agreement and other Basic Documents to which Regional Management is a party or (ii) each Originator to perform and comply pursuant to the related First Tier Purchase Agreement or the First Tier Master Purchase Agreement, as applicable) with all provisions, covenants and other promises required to be observed by it under the Basic Documents and the Contracts.
Fundings shall be used by the Borrower to fund the acquisition of, and the assumption and payment (in whole or part) by the Borrower of indebtedness relating to, Receivables sold by the Originator to the Borrower from time to time pursuant to the First Tier Purchase Agreement.
Immediately after the transfers and conveyances to the Borrower as contemplated in the First Tier Purchase Agreement, all necessary action will have been taken by the Originator to validly convey to the Borrower (A) all right, title and interest of the Originator in and to each Receivable and all Scheduled Payments to become due thereunder and (B) all right, title and interest of the Originator in and to the related Equipment.
The Servicer shall also enforce (A) all rights of the Borrower under the Second Tier Purchase Agreement, including the right to require Regional Management to repurchase Receivables for breaches of its representations and warranties, and (B) its rights under the First Tier Purchase Agreement, including the right to require each related Originator to repurchase Receivables for breaches of its representations and warranties.
Each Receivable has been contributed or sold by the Originator to the Borrower pursuant to the First Tier Purchase Agreement.
Each Receivable being acquired by the Borrower is identical in form to one of the forms of Receivables attached to the First Tier Purchase Agreement as Exhibit B and to this Agreement as Exhibit F, except for immaterial modifications or deviations from the form of Receivables which will not have a material adverse effect on any of the Secured Parties and will not reduce the Scheduled Payments or other payments due under the Receivables.
Immediately prior to the Closing Date, the Originator will have possession of and the right to convey each original Receivable, and, immediately prior to the Originator's execution and delivery of the First Tier Purchase Agreement, there will be no custodial agreements in effect and adversely affecting the rights of the Originator to make, or cause to be made, any delivery required hereunder.
The Seller hereby acknowledges, consents and agrees that, subsequent to such assignments, the rights and remedies of the Purchaser (as provided herein) and of the Seller (as provided in the First Tier Purchase Agreement) may be exercised directly by the Trustee (on behalf of the Trust) against the Seller (in accordance with the terms hereof) and against each Originator (pursuant to the terms of the First Tier Purchase Agreement), as applicable.