First Sierra definition
Examples of First Sierra in a sentence
In consideration of the purchase of the Equipment and the Contract, First Sierra shall remit the Repurchase Amount to the Servicer for allocation of such Repurchase Amount pursuant to the terms of the Indenture.
Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 7.01 hereof) conclusive in favor of the Indenture Trustee, the Trust, First Sierra and the Servicer, if made in the manner provided in this Section 5.07.
First Sierra shall promptly pay and discharge all material taxes, assessments, fees, claims and other governmental charges when due and payable by First Sierra, the First Sierra Group, or any member of the First Sierra Group, except (i) such as may be paid thereafter without penalty or (ii) such as may be contested in good faith by appropriate proceedings and for which an adequate reserve has been established and is maintained in accordance with GAAP.
First Sierra shall deliver (or cause to be delivered) to the Trust file-stamped copies of, or filing receipts for, any document filed as provided above, as soon as available following such filing.
Such representations and warranties are made as of any Conveyance Date with respect to Contracts transferred to the Trust on such date and shall survive each assignment, transfer and conveyance by First Sierra of the Conveyed Assets to the Trust and its successors and assigns.
Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested: If to Employer: First Sierra Financial, Inc.
Without limiting the foregoing, prior to termination, neither the failure of the Trust to deliver a Trust Certificate pursuant to Section 4.02, nor the failure of First Sierra to pay a Repurchase Amount shall render such transfer or obligation executory, nor shall the continued duties of the parties pursuant to Article 4 or Section 7.06 of this Agreement render an executed sale executory.
The Sellers will advise the Trust, the Indenture Trustee and the Note Insurer promptly, in reasonable detail, upon discovery of the occurrence of any breach by First Sierra of any of its representations, warranties and covenants contained herein.
The Indenture Trustee shall not be responsible for the misconduct, negligence or for the supervision of any of the Indenture Trustee's agents or attorneys appointed with due care by the Indenture Trustee hereunder or that of First Sierra, the Servicer or the Trust.
First Sierra shall promptly pay all applicable taxes required to be paid in connection with the assignment of the Conveyed Assets and acknowledges that the Trust shall have no responsibility with respect thereto.