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

Limitation of Liability of Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by [Name of Trustee], not in its individual capacity but solely in its capacity as Trustee of Issuer, and in no event shall [Name of Trustee], in its individual capacity or, except as expressly provided in the Trust Agreement, any beneficial owner of Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of 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 Issuer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Provident Lease Receivables Corp)

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Limitation of Liability of Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by [Name of Trustee], not in its individual capacity but solely in its capacity as Trustee of the Issuer, and in no event shall [Name of Trustee], in its individual capacity or, except as expressly provided in the Trust Agreement, any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the 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 Issuer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Case Receivables Ii Inc)

Limitation of Liability of Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by [Name of Trustee_________________], not in its individual capacity but solely in its capacity as Trustee of the Issuer, and in no event shall [Name of Trustee_________________], in its individual capacity or, except as expressly provided in the Trust Agreement, any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the 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 Issuer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CNH Capital Receivables Inc)

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Limitation of Liability of Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by [Name of Trustee[ ], not in its individual capacity but solely in its capacity as Trustee of the Issuer, and in no event shall [Name of Trustee[ ], in its individual capacity or, except as expressly provided in the Trust Agreement, any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the 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 Issuer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CNH Capital Receivables Inc)

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