Examples of First Tier Purchaser in a sentence
The information set forth in the Schedule of Receivables is true and correct in all material respects, and no selection procedures believed to be adverse to the First Tier Purchaser or its assignees were utilized in selecting such Receivables.
BANA is willing to sell, transfer, contribute and assign such portfolio of motor vehicle receivables and related property to the First Tier Purchaser on the terms and conditions set forth in this Agreement.
Immediately prior to the sale, transfer, contribution, assignment and conveyance of the Receivables by BANA to the First Tier Purchaser, BANA owned and had good and marketable title to such Receivables free and clear of any Lien and immediately after the sale, transfer, contribution, assignment and conveyance of such Receivable to the First Tier Purchaser, the First Tier Purchaser will have good and marketable title to such Receivable free and clear of any Lien.
This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other First Tier Purchased Assets in favor of the First Tier Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from BANA.
No notice to or demand on the First Tier Purchaser or BANA in either case shall entitle it to any notice or demand in similar or other circumstances.
No failure or delay on the part of the First Tier Purchaser, BANA, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right.
BANA makes the representations and warranties set forth on Schedule I with respect to the Receivables listed on the Schedule of Receivables, on which the First Tier Purchaser relies in purchasing such Receivables.
The sale, transfer, contribution, assignment and conveyance made hereunder does not constitute and is not intended to result in an assumption by the Third Tier Purchaser of any obligation of the Second Tier Purchaser, the First Tier Purchaser, BANA or any Originator to the Obligors or any other Person in connection with the Receivables listed on the Schedule of Receivables or the other assets and properties conveyed hereunder or any agreement, document or instrument related thereto.
Each Receivable was originated by the applicable Originator and was sold by BANA to the First Tier Purchaser without any fraud or misrepresentation on the part of the applicable Originator or BANA.
BANA shall deliver (or cause to be delivered) to the First Tier Purchaser file-stamped copies of, or filing receipts for, any document filed as provided above, as soon as available following such filing.