Capacity of Indenture Trustee Sample Clauses

Capacity of Indenture Trustee. It is expressly understood and agreed by the Parties hereto that (a) this Agreement is executed and delivered by Xxxxx Fargo Bank, N.A., not individually or personally, but solely as Indenture Trustee, for and on behalf of the Secured Parties, (b) each of Indenture Trustee’s representations, undertakings and agreements herein are made on behalf of the Secured Parties and are made and intended not as a personal representation, undertaking and agreement by Indenture Trustee, (c) under no circumstances shall Indenture Trustee be personally liable for the payment of any obligation or be liable (absent Indenture Trustee’s willful misconduct, fraud or gross negligence) for the breach or failure of any obligation or covenant made or undertaken by it under this Agreement. [Signatures appear on following pages] Fifth Amended and Restated Consent Agreement
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Capacity of Indenture Trustee. It is expressly understood and agreed by the Parties hereto that (a) this Agreement is executed and delivered by Xxxxx Fargo Bank, N.A., not individually 13 Fourth Amended and Restated Consent Agreement or personally, but solely as Indenture Trustee, for and on behalf of the Secured Parties, (b) each of Indenture Trustee’s representations, undertakings and agreements herein are made on behalf of the Secured Parties and are made and intended not as a personal representation, undertaking and agreement by Indenture Trustee, (c) under no circumstances shall Indenture Trustee be personally liable for the payment of any obligation or be liable (absent Indenture Trustee’s willful misconduct, fraud or gross negligence) for the breach or failure of any obligation or covenant made or undertaken by it under this Agreement. [Signatures appear on following pages] 14 Fourth Amended and Restated Consent Agreement IN WITNESS WHEREOF, the Parties hereto have caused this Fourth Amended and Restated Consent Agreement to be executed and delivered by their duly authorized signatories as of the Effective Date. FEDERAL HOME LOAN MORTGAGE CORPORATION By: /s/ Xxxxxx Xxxxxxx (SEAL) Name: Xxxxxx Xxxxxxx Title: VP, Servicer Performance Management DITECH FINANCIAL LLC By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President and Treasurer GREEN TREE ADVANCE RECEIVABLES III LLC By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Senior Vice President and Treasurer Signature Page to Fourth Amended and Restated Consent Agreement GREEN TREE AGENCY ADVANCE FUNDING TRUST I By: Wilmington Trust, National Association, not in its individual capacity but solely as Owner Trustee By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President XXXXX FARGO BANK, N.A., not in its individual capacity, but solely as Indenture Trustee By: /s/ Xxxx XxXxxxx Name: Xxxx XxXxxxx Title: Vice President BARCLAYS BANK PLC, as Administrative Agent By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director Signature Page to Fourth Amended and Restated Consent Agreement Schedule A Copy of “Email Exchange” E-Mail Exchange Attached; Loan List (referred to in E-Mail Exchange) on File See Attached. From: Jin, Guocheng [mailto:xxxxxxxx_xxx@xxxxxxxxxx.xxx] Sent: Tuesday, March 15, 2016 8:47 AM To: Xxxxxx Xxxxxx; Xxxxxxxxxx, Xx Cc: Xxxxxx, Xxxxx; XxXxxxx, Xxxxxx; Xxxxxxxxxxx, Xxx M; Xxxxxx, Xxxx X.; 'Xxxxxxx X. Ring' (Xxxxxxx.Xxxx@xxxxxx.xxx); XXXXX XXXXXX; Xxxxx, Xxxxx; Xxxxxxx, Xxxxx W Subject: R...
Sample 1

Related to Capacity of Indenture Trustee

  • Liability of Indenture Trustee The Indenture Trustee shall not be liable for the acts or omissions of the Servicer, in its capacity as custodian of the Receivable Files. 4 Sale and Servicing Agreement (SDART 2022-4) ARTICLE III ADMINISTRATION AND SERVICING OF RECEIVABLES AND TRUST PROPERTY

  • Replacement of Indenture Trustee No resignation or removal of the Indenture Trustee and no appointment of a successor Indenture Trustee shall become effective until the acceptance of appointment by the successor Indenture Trustee pursuant to this Section 6.08. The Indenture Trustee may resign at any time by so notifying the Issuer. The Holders of a majority in Outstanding Amount of the Notes may remove the Indenture Trustee by so notifying the Indenture Trustee and may appoint a successor Indenture Trustee. The Issuer shall remove the Indenture Trustee if:

  • Duties of Indenture Trustee (a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs.

  • Protection of Indenture Trust Estate The Issuer will from time to time execute and deliver all such supplements and amendments hereto, all such financing statements and continuation statements and will take such other action necessary or advisable to:

  • Rights of Indenture Trustee (a) The Indenture Trustee may rely on any document believed by it to be genuine and to have been signed or presented by the proper person. The Indenture Trustee need not investigate any fact or matter stated in the document.

  • Individual Rights of Indenture Trustee The Indenture Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or its Affiliates with the same rights it would have if it were not Indenture Trustee. Any Paying Agent, Note Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Indenture Trustee must comply with Sections 6.11 and 6.12.

  • Limitation of Liability of Indenture Trustee and Owner Trustee (a) Notwithstanding anything contained herein to the contrary, this Agreement has been acknowledged and accepted by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee and in no event shall Deutsche Bank Trust Company Americas have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuing Entity hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuing Entity. For all purposes of this Agreement, in the performance of its duties or obligations hereunder or in the performance of any duties or obligations of the Issuing Entity hereunder, the Indenture Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI of the Indenture.

  • Release of Indenture Trust Estate (a) Subject to the payment of its fees and expenses pursuant to Section 6.7, the Indenture Trustee may, and when required by the provisions of this Indenture shall, execute instruments to release property from the lien of this Indenture, or convey the Indenture Trustee’s interest in the same, in a manner and under circumstances that are not inconsistent with the provisions of this Indenture. No party relying upon an instrument executed by the Indenture Trustee as provided in this Article VIII shall be bound to ascertain the Indenture Trustee’s authority, inquire into the satisfaction of any conditions precedent or see to the application of any moneys.

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