Common use of Limitation of Liability of Owner Trustee and Indenture Trustee Clause in Contracts

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything to the contrary contained herein, this Agreement has been countersigned by the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, and in no event shall the Owner Trustee in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 Trust. 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 Trust hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.

Appears in 46 contracts

Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-2), Sale and Servicing Agreement (CarMax Auto Owner Trust 2009-1), Sale and Servicing Agreement (Carmax Auto Owner Trust 2005-3)

AutoNDA by SimpleDocs

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement has been countersigned by the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the TrustIssuer, and in no event shall the Owner Trustee in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust Issuer 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 TrustIssuer. 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 Trust Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.

Appears in 44 contracts

Samples: Administration Agreement (CarMax Auto Owner Trust 2015-3), Administration Agreement (CarMax Auto Owner Trust 2011-2), Administration Agreement (Carmax Auto Funding LLC)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, and in no event shall the Owner Trustee in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust hereunder or in any of the certificates, notices or agreements delivered pursuant heretoIssuer hereunder, as to all of which recourse shall be had solely to the assets of the TrustIssuer. 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 Trust Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.

Appears in 36 contracts

Samples: Owner Trust Administration Agreement (BMW Fs Securities LLC), Owner Trust Administration Agreement (BMW Vehicle Owner Trust 2019-A), Administration Agreement (BMW Fs Securities LLC)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement has been countersigned by the Owner Trustee Wilmington Trust Company, not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, Trust and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee of the Trust, have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 Trust. 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 Trust hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.

Appears in 28 contracts

Samples: Sale and Servicing Agreement (Mmca Auto Receivables Trust), Sale and Servicing Agreement (Mmca Auto Owner Trust 2002-4), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-3)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement has been countersigned executed by the Owner Trustee Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, Issuer and in no event shall the Owner Trustee will Wilmington Trust Company in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall will be had solely to the assets of the TrustIssuer. 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 Trust Issuer hereunder, the Owner Trustee shall will be subject to, and entitled to the benefits of, the terms and provisions of Articles VIV, VI and VII and VIII of the Trust Agreement.

Appears in 11 contracts

Samples: Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement has been countersigned by the [Name of Owner Trustee Trustee], not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, and in no event shall the [Name of Owner Trustee in its individual capacity Trustee] have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 TrustIssuing 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 Trust Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII Article VI of the Trust Agreement.

Appears in 5 contracts

Samples: Administration Agreement (Ally Auto Assets LLC), Administration Agreement (Capital Auto Receivables LLC), Administration Agreement (Ally Auto Assets LLC)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement has been countersigned by the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, Issuing Entity and in no event shall the Owner Trustee in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 TrustIssuing 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 Trust Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (John Deere Receivables, Inc.), Sale and Servicing Agreement (John Deere Receivables, Inc.), Sale and Servicing Agreement (John Deere Receivables, Inc.)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement instrument has been countersigned signed by the Owner Trustee Chase Bank USA, National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, Issuing Entity and in no event shall the Owner Trustee Chase Bank USA, National Association in its individual capacity or any beneficial owner of the Issuing Entity have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust hereunder or in any of the certificates, notices or agreements delivered pursuant heretoIssuing Entity hereunder, as to all of which recourse shall be had solely to the assets of the TrustIssuing 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 Trust Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.

Appears in 2 contracts

Samples: Administration Agreement (Caterpillar Financial Funding Corp), Administration Agreement (Caterpillar Financial Asset Trust 2006-A)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement instrument has been countersigned signed by the Owner Trustee BNYM (Delaware) not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, Issuing Entity and in no event shall the Owner Trustee BNYM (Delaware) in its individual capacity or any beneficial owner of the Issuing Entity have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust hereunder or in any of the certificates, notices or agreements delivered pursuant heretoIssuing Entity hereunder, as to all of which recourse shall be had solely to the assets of the TrustIssuing 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 Trust Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.

Appears in 2 contracts

Samples: Administration Agreement (Caterpillar Financial Asset Trust 2008-A), Administration Agreement (Caterpillar Financial Funding Corp)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement has been countersigned by the Owner Trustee [ ] not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, Issuing Entity and in no event shall the Owner Trustee [ ] in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 TrustIssuing 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 Trust Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (John Deere Receivables LLC), Sale and Servicing Agreement (John Deere Receivables, Inc.)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement has been countersigned by the [name of Owner Trustee Trustee], not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, and in no event shall the [name of Owner Trustee in its individual capacity Trustee] have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 TrustIssuing 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 Trust Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII Article VI of the Trust Agreement.

Appears in 2 contracts

Samples: Administration Agreement (Capital Auto Receivables LLC), Administration Agreement (Capital Auto Receivables LLC)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement instrument has been countersigned by the Owner Trustee [·], not in its individual capacity but solely in its capacity as Owner Trustee of the TrustIssuing Entity, and in no event shall the Owner Trustee [·], in its individual capacity or any beneficial owner of the Issuing Entity have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust hereunder or in any of the certificates, notices or agreements delivered pursuant heretoIssuing Entity hereunder, as to all of which recourse shall be had solely to the assets of the TrustIssuing 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 Trust Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII VIII, of the Owner Trust Agreement.

Appears in 1 contract

Samples: Administration Agreement (World Omni Auto Receivables LLC)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement instrument has been countersigned executed by the Owner Trustee [•], not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, and in no event shall the Owner Trustee in its individual capacity [•] have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 TrustIssuing 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 Trust Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII Article VI of the Trust Agreement.

Appears in 1 contract

Samples: Administration Agreement (Wholesale Auto Receivables Corp)

AutoNDA by SimpleDocs

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement has been countersigned by the Owner Trustee [__] not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, Issuing Entity and in no event shall the Owner Trustee [__] in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 TrustIssuing 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 Trust Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.

Appears in 1 contract

Samples: Sale and Servicing Agreement (John Deere Receivables LLC)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement has been countersigned by the Owner Trustee [name of owner trustee], not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, and in no event shall the Owner Trustee in its individual capacity [name of owner trustee] have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust 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 TrustIssuing 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 Trust Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII Article VI of the Trust Agreement.

Appears in 1 contract

Samples: Administration Agreement (Ally Auto Assets LLC)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement has been countersigned by the Owner Trustee Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, Issuer and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust Issuer or the Owner Trustee 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 TrustIssuer. For all purposes of this Agreement, in the performance of its duties or obligations hereunder or in the performance of any duties or obligations by or on behalf of the Trust Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of the Trust Agreement including, without limitation, Articles VI, VII and VIII of the Trust Agreement.VIII

Appears in 1 contract

Samples: Sale and Servicing Agreement (Allied Capital Corp)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement has been countersigned by the Owner Trustee [owner trustee] not in its individual capacity but solely in its capacity as Owner Trustee of the TrustIssuer, and in no event shall the Owner Trustee [owner trustee] in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust Issuer 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 TrustIssuer. 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 Trust Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VIV, VI and VII and VIII of the Trust Agreement.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Metlife Capital Equipment Loan Trusts)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement instrument has been countersigned by the [Name of Owner Trustee Trustee] not in its individual capacity but solely in its the capacity as Owner Trustee of the Trust, Issuer and in no event shall the [Name of Owner Trustee Trustee] in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust hereunder or in any of the certificates, notices or agreements delivered pursuant heretoIssuer hereunder, as to all of which recourse shall be had solely to the assets of the TrustIssuer. 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 Trust Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.

Appears in 1 contract

Samples: Administration Agreement (Amsouth Auto Corp Inc)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement instrument has been countersigned signed by the [Name of Owner Trustee Trustee] not in its individual capacity but solely in its capacity as Owner Trustee of the Trust, Issuing Entity and in no event shall the [Name of Owner Trustee Trustee] in its individual capacity or any beneficial owner of the Issuing Entity have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust hereunder or in any of the certificates, notices or agreements delivered pursuant heretoIssuing Entity hereunder, as to all of which recourse shall be had solely to the assets of the TrustIssuing 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 Trust Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.

Appears in 1 contract

Samples: Administration Agreement (Caterpillar Financial Funding Corp)

Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary contained hereincontrary, this Agreement has been countersigned by the Owner Trustee Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the TrustIssuer, and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust Issuer 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 TrustIssuer. 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 Trust Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VIV, VI and VII and VIII of the Trust Agreement.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Metlife Capital Equipment Loan Trusts)

Time is Money Join Law Insider Premium to draft better contracts faster.