Common use of Liability of Owner Trustee Clause in Contracts

Liability of Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Loan Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it as the Owner Trustee, (b) each of the representations, undertakings and agreements herein made on the part of the Borrower is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Borrower, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the other parties hereto and by any Person claiming by, through or under such parties and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Borrower or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Borrower under this Loan Agreement.

Liability of Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Loan Agreement Indenture is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it as the Owner Trustee, (b) each of the representations, undertakings and agreements herein made on the part of the Borrower Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the BorrowerTrust Estate, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the other parties hereto Trustee and the Noteholders and by any Person claiming by, through or under such parties the Trustee and the Noteholders and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Borrower Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Borrower Issuer under this Loan AgreementIndenture.

Liability of Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Loan Agreement Indenture is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it as the Owner Trustee, (b) each of the representations, undertakings and agreements herein made on the part of the Borrower Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the BorrowerTrust Estate, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the other parties hereto Indenture Trustee and the Noteholders and by any Person claiming by, through or under such parties the Indenture Trustee and the Noteholders and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Borrower Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Borrower Issuer under this Loan AgreementIndenture.

Liability of Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Loan Agreement Indenture is executed and delivered by Wilmington Trust Company_______________________, not individually or personally but solely as Owner owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it as the Owner Trustee, (b) each of the representations, undertakings and agreements herein made on the part of the Borrower Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company ________________________ but is made and intended for the purpose for binding only the BorrowerTrust Fund, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company________________________, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the other parties hereto Trustee and the Noteholders and by any Person claiming by, through or under such parties the Trustee and the Noteholders and (d) under no circumstances shall Wilmington Trust Company _______________________ be personally liable for the payment of any indebtedness or expenses of the Borrower Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Borrower Issuer under this Loan AgreementIndenture.

Liability of Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Loan Agreement Indenture is executed and delivered by Wilmington Trust Company__________________, not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it as the Owner Trustee, (b) each of the representations, undertakings and agreements herein made on the part of the Borrower Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company ______________ but is made and intended for the purpose for binding only the BorrowerTrust Estate, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company_________________, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the other parties hereto Trustee and the Noteholders and by any Person claiming by, through or under such parties the Trustee and the Noteholders and (d) under no circumstances shall Wilmington Trust Company ________________ be personally liable for the payment of any indebtedness or expenses of the Borrower Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Borrower Issuer under this Loan AgreementIndenture.

Liability of Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Loan Agreement Indenture is executed and delivered by Wilmington Trust Company[_________________], not individually or personally but solely as Owner Trustee under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it as the Owner Trustee, (b) each of the representations, undertakings and agreements herein made on the part of the Borrower Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company [_______________] but is made and intended for the purpose for binding only the BorrowerTrust Estate, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company[_____________], individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the other parties hereto Indenture Trustee and the Noteholders and by any Person claiming by, through or under such parties the Indenture Trustee and the Noteholders and (d) under no circumstances shall Wilmington Trust Company [_______________] be personally liable for the payment of any indebtedness or expenses of the Borrower Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Borrower Issuer under this Loan AgreementIndenture.