Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it under the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of Trust is made and intended not as a personal representation, undertaking or agreement by Wilmington Trust Company but is made and intended for the purpose of binding only the Trust, (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 parties hereto and by any Person claiming by, through or under the parties hereto and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Agreement or otherwise. Except as provided in this Article VI, in accepting the trusts hereby created Wilmington Trust Company acts solely as Owner Trustee hereunder and not in its individual capacity, and all Persons having any claim against the Owner Trustee by reason of the transactions contemplated by this Trust Agreement or any Basic Document shall look only to the Owner Trust Estate for payment or satisfaction thereof.
Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that (a) this Sale and Servicing Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee of the Issuer under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the 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 Issuer, (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 parties to this Sale and Servicing Agreement and by any person claiming by, through or under them and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaking by the Issuer under this Sale and Servicing Agreement or any related documents.
Limitation of Liability of Wilmington Trust Company. Section 6.06 Owner Trustee Not Liable for the Certificate or Related Documents
Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Trust Company not individually or personally but solely as trustee of Company, in the exercise of the powers and authority conferred and vested in it under the Amended and Restated Trust Agreement of Exeter Automobile Receivables Trust 2020-3 dated as of August 31, 2020, between EFCAR, LLC, as seller, and Wilmington Trust Company, as owner trustee, (b) each of the representations, undertakings and agreements herein made on the part of Company is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose of binding only Company, (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 parties hereto and by any person claiming by, through or under the parties hereto, (d) Wilmington Trust Company has made no investigation as to the accuracy or completeness of any representations or warranties made by Company in this Agreement, and (e) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of Company or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Company under this agreement or any other related documents. This Agreement has been signed by the duly authorized officers or representatives of Company, Servicer, Secured Party and Bank on the date specified below. Date: September 23, 2020 Collateral Account Numbers: 4945872166 Destination Account Number: 0000000000 Bank of Destination Account: ABA # Account name: Reference Data: Frequency (Daily or Weekly): Balance (Intraday or Start of Day): Xxxxx Fargo Bank, N.A. 000000000 Xxxxx Fargo Bank, N.A. Acct #00000000 EART 2020-3 Collect Acct Attn: Xxxxxx Xxxxxx 000-000-0000 Daily Start of Day EXETER AUTOMOBILE RECEIVABLES TRUST 2020-3 By: Wilmington Trust Company, not in its individual capacity, but solely as Owner Trustee EXETER FINANCE LLC, as Servicer By: /s/ Xxxxxxxx X. Xxxx By: /s/ Xxx Xxxxxx Name: Xxxxxxxx X. Xxxx Name: Xxx Xxxxxx Title: Vice President Title: Executive Vice President and Treasurer Address for Notices: Address for Notices: Exeter Automobile Receivables Tru...
Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee of American Residential Eagle Bond Trust 1999-2 under the Deposit Trust Agreement, in the exercise of the powers and authority conferred and vested in it as Owner Trustee, (b) each of the representations, undertakings and agreements herein made on the part of the 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 Issuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Agreement or the other Operative Agreements.
Limitation of Liability of Wilmington Trust Company. 27 Section 6.06. OWNER TRUSTEE NOT LIABLE FOR CERTIFICATES OR RELATED DOCUMENTS.........................................28 Section 6.07. OWNER TRUSTEE MAY OWN CERTIFICATES AND NOTES.................28 Section 6.08. PAYMENTS FROM OWNER TRUST ESTATE.............................28 Section 6.09. DOING BUSINESS IN OTHER JURISDICTIONS........................28 Section 6.10. LIABILITY OF CERTIFICATE REGISTRAR AND CERTIFICATE PAYING AGENT.....................................29 ARTICLE
Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that this Indenture is executed and delivered by Wilmington Trust Company not individually but solely as Indenture Trustee and, except as provided in Section 4.01, nothing contained herein shall be construed as creating any liability on Wilmington Trust Company individually, including any covenant either express or implied herein, all such liability, if any, being expressly waived by all parties hereto.
Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered in the name and on behalf of the Issuer by Wilmington Trust Company, not individually or personally but solely as owner trustee of American Residential Eagle Bond Trust 1998-1, in the exercise of the powers and authority conferred and vested in it under the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking and agreement by Wilmington Trust Company but is made solely in the name and on behalf of the Issuer and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on the part of Wilmington Trust Company, other than any liability in connection herewith arising out of its gross negligence, bad faith or willful misconduct, and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Agreement or the other Operative Documents or otherwise.
Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Trust Company not individually or personally but solely as trustee of Company, in the exercise of the powers and authority conferred and vested in it under the Amended and Restated Trust Agreement of Exeter Automobile Receivables Trust 2021-3 dated as of July 31, 2021, between EFCAR, LLC, as seller, and Wilmington Trust Company, as owner trustee, (b) each of the representations, undertakings and agreements herein made on the part of Company is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose of binding only Company, (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,
Limitation of Liability of Wilmington Trust Company. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Trust Company not individually or personally but solely as trustee of Company, in the exercise of the powers and authority conferred and vested in it under the Amended and Restated Trust Agreement of Exeter Automobile Receivables Trust 2021-3 dated as of July 31, 2021, between EFCAR, LLC, as seller, and Wilmington Trust Company, as owner trustee, (b) each of the
