Common use of Duties of the Indenture Trustee Clause in Contracts

Duties of the Indenture Trustee. The Indenture Trustee, prior to the occurrence of an Event of Default or after the cure or waiver of any Event of Default that may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture and any Supplement and no implied duties shall be inferred against it. If an Event of Default has occurred and is continuing, the Indenture Trustee, at the written direction of the Requisite Global Majority, shall exercise such of the rights and powers vested in it by this Indenture and the related Supplements, and use the same degree of care and skill in its exercise as a prudent Person would exercise or use under the circumstances in the conduct of such Person’s own affairs. The Indenture Trustee, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Indenture Trustee which are specifically required to be furnished pursuant to any provisions of this Indenture and any applicable Supplement, shall determine whether they are substantially in the form required by this Indenture and any applicable Supplement; provided, however, that the Indenture Trustee shall not be responsible for the accuracy or content (including mathematical calculations) of any such resolution, certificate, statement, opinion, report, document, order or other instrument furnished pursuant to this Indenture and any applicable Supplement. No provision of this Indenture or any Supplement shall be construed to relieve the Indenture Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that:

Duties of the Indenture Trustee. (a) The Indenture Trustee, both prior to and after the occurrence of an Event of Default or after the cure or waiver of any Event of Default that may have occurredDefault, undertakes shall undertake to perform such duties and only such duties as are specifically set forth in this Indenture and any Supplement the Sale and no implied duties shall be inferred against itServicing Agreement. If an Event of Default known to the Indenture Trustee has occurred and is continuing, the Indenture Trustee, at the written direction of the Requisite Global Majority, Trustee shall exercise such of the rights and powers vested in it by this Indenture and the related Supplements, Sale and Servicing Agreement and use the same degree of care and skill in its their exercise as a prudent Person person would exercise or use under the circumstances in the conduct of such Person’s person's own affairs; provided, however, that if the Indenture Trustee shall assume the duties of the Servicer pursuant to Section 8.2 of the Sale and Servicing Agreement, the Indenture Trustee in performing such duties shall use the degree of skill and attention customarily exercised by a servicer with respect to automobile receivables that it services for itself. The Indenture Trustee, upon receipt of all any resolutions, certificates, statements, opinions, reports, documents, orders orders, or other instruments furnished to the Indenture Trustee which are that shall be specifically required to be furnished pursuant to any provisions provision of this Indenture or the Sale and any applicable SupplementServicing Agreement, shall examine them to determine whether they are substantially in conform to the form required by requirements of this Indenture or the Sale and any applicable SupplementServicing Agreement; provided, however, that the Indenture Trustee shall not be responsible for the accuracy or content (including mathematical calculations) of any such resolution, certificate, statement, opinion, report, document, order or other instrument furnished by the Servicer to the Indenture Trustee pursuant to this Indenture or the Sale and any applicable Supplement. No provision of this Indenture or any Supplement shall be construed to relieve the Indenture Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that:Servicing Agreement.

Duties of the Indenture Trustee. (a) The Indenture Trustee, both prior to and after the occurrence of an Event of Default or after the cure or waiver of any Event of Default that may have occurredDefault, undertakes shall undertake to perform such duties and only such duties as are specifically set forth in this Indenture and any Supplement the Deposit and no implied duties shall be inferred against itAdministration Agreement. If an Event of Default actually known to the Indenture Trustee has occurred and is continuing, the Indenture Trustee, at the written direction of the Requisite Global Majority, Trustee shall exercise such of the rights and powers vested in it by this Indenture and the related Supplements, Deposit and Administration Agreement and use the same degree of care and skill in its their exercise as a prudent Person person would exercise or use under the circumstances in the conduct of such Person’s person's own affairs; provided, however, that if the Indenture Trustee shall assume the duties of the Administrator pursuant to Section 5.2 of the Deposit and Administration Agreement, the Indenture Trustee in performing such duties shall use the degree of skill and attention customarily exercised by an administrator with respect to a similar trust estate that it administers for itself. The Indenture Trustee, upon receipt of all any resolutions, certificates, statements, opinions, reports, documents, orders orders, or other instruments furnished to the Indenture Trustee which are that shall be specifically required to be furnished pursuant to any provisions provision of this Indenture or the Deposit and any applicable SupplementAdministration Agreement, shall examine them to determine whether they are substantially in conform to the form required by requirements of this Indenture or the Deposit and any applicable SupplementAdministration Agreement; provided, however, that the Indenture Trustee shall not be responsible for the accuracy or content (including mathematical calculations) of any such resolution, certificate, statement, opinion, report, document, order or other instrument furnished by the Administrator to the Indenture Trustee pursuant to this Indenture or the Deposit and any applicable Supplement. No provision of this Indenture or any Supplement shall be construed to relieve Administration Agreement and the Indenture Trustee from liability for its own negligent action, its own negligent failure to act need not confirm or its own willful misconduct; provided, however, that:investigate the accuracy of any mathematical calculations or other facts stated therein.

Duties of the Indenture Trustee. The Indenture Trustee, prior to the occurrence of an Event of Default or after the cure or waiver of any Event of Default that may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture and any the related Supplement and no implied duties shall be inferred against it. If an Event of Default with respect to any Series has occurred and is continuing, the Indenture Trustee, at the written acting in accordance with directions given in accordance with Article VIII hereof direction of the Requisite Global Majority, shall exercise such of the rights and powers vested in it by this Indenture and the related SupplementsSupplement, and use the same degree of care and skill in its exercise as a prudent Person would exercise or use under the circumstances in the conduct of such Person’s own affairs. The Indenture Trustee, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Indenture Trustee which are specifically required to be furnished pursuant to any provisions of this Indenture and any applicable Supplement, shall determine whether they are substantially in the form required by this Indenture and any applicable Supplement; provided, however, that the Indenture Trustee shall not be responsible for the accuracy or content (including mathematical calculations) of any such resolution, certificate, statement, opinion, report, document, order or other instrument furnished pursuant to this Indenture and any applicable Supplement. No provision of this Indenture or any Supplement shall be construed to relieve the Indenture Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that:

Duties of the Indenture Trustee. The Indenture Trustee, prior to the occurrence of an Event of Default or after the cure or waiver of any Event of Default that may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture and any the related Supplement and no implied duties shall be inferred against it. If an Event of Default with respect to any Series has occurred and is continuing, the Indenture Trustee, acting in accordance with directions given in accordance with Article VIII hereof at the written direction of the Requisite Global Majority, shall exercise such of the rights and powers vested in it by this Indenture and the related SupplementsSupplement, and use the same degree of care and skill in its exercise as a prudent Person would exercise or use under the circumstances in the conduct of such Person’s own affairs. The Indenture Trustee, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Indenture Trustee which are specifically required to be furnished pursuant to any provisions of this Indenture and any applicable Supplement, shall determine whether they are substantially in the form required by this Indenture and any applicable Supplement; provided, however, that the Indenture Trustee shall not be responsible for the accuracy or content (including mathematical calculations) of any such resolution, certificate, statement, opinion, report, document, order or other instrument furnished pursuant to this Indenture and any applicable Supplement. No provision of this Indenture or any Supplement shall be construed to relieve the Indenture Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that: