Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the Custodian, the Back-Up Servicer and the Successor Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 11 contracts
Sources: Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts International, Inc.)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 11 contracts
Sources: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 8 contracts
Sources: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 5 contracts
Sources: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the CustodianPaying Agent, the Back-Up successor Servicer, the Backup Servicer and the Successor ServicerCustodian. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto hereto, except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 4 contracts
Sources: Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc)
Multiple Roles. The parties expressly acknowledge and consent to ▇W▇▇▇▇ Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the CustodianPaying Agent, the Back-Up successor Servicer, the Backup Servicer and the Successor ServicerCustodian. ▇W▇▇▇▇ Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇W▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto hereto, except in the case of negligence (other than errors in judgment) and willful misconduct by ▇W▇▇▇▇ Fargo Bank, National Association.
Appears in 3 contracts
Sources: Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 3 contracts
Sources: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇W▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. ▇W▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇W▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇W▇▇▇▇ Fargo Bank, National Association.
Appears in 3 contracts
Sources: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇W▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacity as Indenture Trustee and Trust Collateral Agent. ▇W▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇W▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇W▇▇▇▇ Fargo Bank, National Association.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Credit Acceptance Corporation), Sale and Servicing Agreement (Credit Acceptance Corporation)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the Custodian, the Back-Up Servicer and the Successor Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.. ARTICLE XIII
Appears in 2 contracts
Sources: Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts International, Inc.)
Multiple Roles. The parties expressly acknowledge and consent to ▇W▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. ▇W▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇W▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇W▇▇▇▇ Fargo Bank, National Association.
Appears in 2 contracts
Sources: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the Custodian, the Back-Up Servicer and the Successor Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 2 contracts
Sources: Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC), Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of successor Servicer and in the capacities of Indenture Trustee, the Custodian, the Back-Up Servicer Trust Collateral Agent and the Successor Backup Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 2 contracts
Sources: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the Custodian, the Back-Up Servicer and the Successor Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture and Servicing Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and ), bad faith or willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 2 contracts
Sources: Third Amended and Restated Indenture and Servicing Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacity as Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corporation)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up Backup Servicer and in the Successor Servicercapacity as Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National AssociationAssociation or to the extent that any such waiver is violative of Applicable Law.
Appears in 1 contract
Sources: Loan and Security Agreement (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the Custodian, the Back-Up Servicer and the Successor Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.. LOAN SALE & SERVICING AGREEMENT
Appears in 1 contract
Sources: Loan Sale and Servicing Agreement (Diamond Resorts Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of successor Servicer and in the capacities of Indenture Trustee, the Custodian, the Back-Up Servicer Trust Collateral Agent and the Successor Backup Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.. 19914942.3
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.. 22214937.4
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of the Indenture Trustee, the Custodian, the Back-Up successor Servicer and in the Successor Servicercapacities of Indenture Trustee and Trust 23919155.5 Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such capacitiesdual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)