Tyler Funding definition

Tyler Funding or the "Transferor"). The Certificates to which this agreement applies will be issued pursuant to the Amended and Restated Master Pooling and Servicing Agreement, dated as of December 31, 2001 (as amended, supplemented or otherwise modified from time to time, the "Pooling and Servicing Agreement"), among the Transferor, First North American National Bank ("FNANB"), as transferor under the Prior Agreement (as defined in the Pooling and Servicing Agreement) and as servicer (the "Servicer"), and Bankers Trust Company, as trustee (the "Trustee"), as supplemented by the supplement relating to each Series (each, a "Supplement"). To the extent not defined herein, capitalized terms used herein shall have the meanings specified in the Pooling and Servicing Agreement and the applicable Supplement. Each offering of the Certificates to which this Agreement applies made pursuant to the Registration Statement (as herein defined) will be made through you or through you and other underwriters for whom you are acting as representative or through an underwriting syndicate managed by you. Whenever the Transferor determines to make such an offering of Certificates to which this Agreement shall apply, it will enter into an agreement (the "Terms Agreement") providing for the sale of such Certificates to, and the purchase and offering thereof by, (i) you, (ii) you and such other underwriters (such other underwriters to be approved by the Transferor, which approval shall not be unreasonably withheld) who execute the Terms Agreement and agree thereby to become obligated to purchase Certificates from the Transferor or (iii) you and such other underwriters, if any, selected by you (such other underwriters to be approved by the Transferor, which approval shall not be unreasonably withheld) as have authorized you to enter into such Terms Agreement on their behalf (in each case, the "Underwriters"). (It is understood that the Transferor shall not be obligated to sell any particular Series or Class of Certificates offered pursuant to the Registration Statement to you or you and other Underwriters.) Execution of a Terms Agreement by the Transferor shall be conclusive evidence of the Transferor's approval of all Underwriters named therein. Such Terms Agreement shall specify the initial principal amount of Certificates of each Series and Class of the Certificates to be issued and their terms not otherwise specified in this Agreement, the price at which such Certificates are to be purchased...

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Tyler Funding means Tyler International Funding, Inc., a ------------- Delaware corporation, and any successor thereto.

Tyler Funding shall have the meaning specified in the Preamble of this Agreement.

Examples of Tyler Funding in a sentence

If an Indemnified Party shall fail to make such commercially reasonable efforts to mitigate any such claim or liability, then notwithstanding anything else to the contrary contained herein, none of Circuit City, FNANB, Tyler Funding, or Purchaser as the case may be, shall be required to indemnify any Indemnified Party for that portion of any Damages that could reasonably be expected to have been avoided if the Indemnified Party had made such efforts.
Except as set forth in the Seller Disclosure Schedule, Circuit City, FNANB and Tyler Funding severally represent and warrant to Purchaser, as of the date hereof and as of the Closing Date (or as of such other date as may be expressly provided in any representation or warranty), as set forth below.
Each of Circuit City, FNANB and Tyler Funding has all necessary corporate power and authority to enter into this Agreement and the Related Agreements and to perform all of the obligations to be performed by it under this Agreement and the Related Agreements.
FNANB and Tyler Funding shall have obtained (i) all consents and approvals required to be obtained by the Securitization Documents, the Tyler Funding Interest Rate Caps or the documents related to the Outstanding Private Series in connection with the consummation of the transactions contemplated by this Agreement and the Related Agreements (including all required confirmations of ratings with respect to the Outstanding Public Series) and (ii) the consents listed on Schedule 9.01(e).
The making, execution, delivery, and performance of this Agreement and the Related Agreements and the consummation by each of Circuit City, FNANB and Tyler Funding of the transactions contemplated hereby and thereby have been duly and validly authorized by all necessary corporate action on the part of such Party.
Except for the representations and warranties contained in this Agreement (including the Exhibits hereto and Schedules hereto and thereto), neither Purchaser nor any agent, Affiliate, officer, director, employee or representative of Purchaser, nor any other Person, makes or shall be deemed to make any representation or warranty to Circuit City, FNANB or Tyler Funding.
Circuit City, FNANB and Tyler Funding maintain insurance policies and fidelity bonds (including financial institutions bond, property and casualty insurance and workers' compensation insurance) related to the Credit Card Business of the type and in amounts customarily carried by persons conducting similar businesses; provided, however, that Tyler Funding does not maintain professional liability errors and omissions insurance.
All demands, notices and communications hereunder shall be in writing and shall be deemed to have been duly given if sent by facsimile transmission to, sent by courier to or mailed by registered mail, return receipt requested, to (i) in the case of Tyler Funding or FNANB, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, Richmond, Virginia 23233, Attention: ▇▇▇▇▇▇ ▇.
No audit, investigation, inspection, or other review or inquiry by any Governmental Authority concerning or involving the Credit Card Business conducted since March 1, 2003 has reported any material violation by Circuit City, FNANB or Tyler Funding of any material Requirement of Law.
Neither FNANB, Tyler Funding, nor Circuit City shall have suffered a Business Material Adverse Effect.