Common use of No Duties Except as Specified in this Agreement or in Instructions Clause in Contracts

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 26 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2017-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2016-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2017-C Owner Trust)

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No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 26 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2009-a Owner Trust), Trust Agreement (Nissan Auto Receivables Corp Ii), Trust Agreement (Nissan Auto Receivables 2011-a Owner Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee, it being understood that, to the fullest extent permitted by law, any implied duties (including fiduciary duties) or liabilities otherwise existing at law or in equity with respect to the Trust are hereby eliminated and replaced with the express duties and obligations set forth in this Agreement. The Owner Trustee shall have no responsibility or liability for the preparation, correctness, accuracy or filing of any financing or continuation statement (or similar filing) in any public office at any time or otherwise to perfect for the existence, validity or maintain the perfection or maintenance of perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Trustee, in its individual capacity, that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 25 contracts

Samples: Trust Agreement (Toyota Auto Receivables 2022-C Owner Trust), Trust Agreement (Toyota Auto Receivables 2020-D Owner Trust), Trust Agreement (Toyota Auto Receivables 2020-C Owner Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee, it being understood that, to the fullest extent permitted by law, any implied duties (including fiduciary duties) or liabilities otherwise existing at law or in equity with respect to the Trust are hereby eliminated and replaced with the express duties and obligations set forth in this Agreement. The Owner Trustee shall have no responsibility or liability for the preparation, correctness, accuracy or filing of any financing or continuation statement (or similar filing) in any public office at any time or otherwise to perfect for the existence, validity or maintain the perfection or maintenance of perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 19 contracts

Samples: Trust Agreement (Toyota Auto Receivables 2018-C Owner Trust), Trust Agreement (Toyota Auto Receivables 2019-C Owner Trust), Trust Agreement (Toyota Auto Receivables 2019-B Owner Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Eligible Lender Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, service, dispose of, of or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Eligible Lender Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Eligible Lender Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any other Basic Document against the Owner Eligible Lender Trustee. The Owner Eligible Lender Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any other Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Eligible Lender Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, Deutsche Bank Trust Company Americas, in its individual capacity or as the Owner Eligible Lender Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 19 contracts

Samples: Trust Agreement (SLM Student Loan Trust 2014-2), Trust Agreement (Navient Student Loan Trust 2014-8), Trust Agreement (Navient Student Loan Trust 2014-7)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee, it being understood that, to the fullest extent permitted by law, any implied duties (including fiduciary duties) or liabilities otherwise existing at law or in equity with respect to the Trust are hereby eliminated and replaced with the express duties and obligations set forth in this Agreement. The Owner Trustee shall have no responsibility or liability for the preparation, correctness, accuracy or filing of any financing or continuation statement in any public office at any time or otherwise to perfect for the existence, validity or maintain the perfection or maintenance of perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 16 contracts

Samples: Trust Agreement (Toyota Auto Receivables 2017-D Owner Trust), Trust Agreement (Toyota Auto Receivables 2017-a Owner Trust), Trust Agreement (Toyota Auto Receivables 2017-B Owner Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Deutsche Bank nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Deutsche Bank that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 16 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2010-2), Trust Agreement (Santander Drive Auto Receivables Trust 2012-4), Trust Agreement (Santander Drive Auto Receivables Trust 2011-3)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Wilmington Trust nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Wilmington Trust that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Trust.

Appears in 14 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2018-5), Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to To the contrary herein extent that, at law or in any Basic Documentequity, the Owner Trustee shall not be required has duties (including fiduciary duties) and liabilities relating thereto to execute, deliver or certify on behalf of the Issuer or any the Certificateholder, it is hereby understood and agreed by the other Person any filings, certificates, affidavits or other instruments required under parties hereto that all such duties and liabilities are replaced by the Xxxxxxxx-Xxxxx Act duties and liabilities of 2002, to the extent permitted by applicable lawOwner Trustee expressly set forth in this Agreement and the Statutory Trust Act. The Owner Each Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner such Trustee that are not related to the ownership or the administration of the Trust Estate. The Owner Trustee shall have no responsibility or liability for or with respect to the genuineness, value, sufficiency or validity of the Trust Estate.

Appears in 14 contracts

Samples: Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2013-1), Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2011-1), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Holding Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 5.3; and no implied duties or obligations existing at law or in equity shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any trust licensing or qualifications to do business, tax filing, financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any ownership or security interest or lien granted to it hereunder or the Holding Trust or to prepare or file any Securities and Exchange Commission filing (including any filings required pursuant to the Xxxxxxxx-Xxxxx Act of 2002 or any rule or regulation promulgated thereunder) for the Issuer Holding Trust or to record this Agreement or any Basic Document. Notwithstanding anything to Document or monitor or enforce the contrary herein or in satisfaction of any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable lawrisk retention requirement. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Holding Trust Estate that result from actions by, or claims against, the Owner Trustee (solely in its individual capacity) and that are not related to the ownership or the administration of the Owner Holding Trust Estate.

Appears in 13 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2022-5), Trust Agreement (Exeter Automobile Receivables Trust 2023-2), Trust Agreement (Efcar, LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 5.3; and no implied duties or obligations existing at law or in equity shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any trust licensing or qualifications to do business, tax filing, financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any ownership or security interest or lien granted to it or to the Trust hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required pursuant to the Xxxxxxxx-Xxxxx Act of 2002 or any rule or regulation promulgated thereunder) for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to Document or monitor or enforce the contrary herein or in satisfaction of any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable lawrisk retention requirement. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee (solely in its individual capacity) and that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 13 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2022-5), Trust Agreement (Exeter Automobile Receivables Trust 2022-6), Trust Agreement (Exeter Automobile Receivables Trust 2022-2)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Wilmington Trust nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Wilmington Trust that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Trust.

Appears in 10 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Eligible Lender Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, service, dispose of, of or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Eligible Lender Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Eligible Lender Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any other Basic Document against the Owner Eligible Lender Trustee. The Owner Eligible Lender Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any other Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Eligible Lender Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, The Bank of New York Mellon Trust Company, National Association, in its individual capacity or as the Owner Eligible Lender Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 10 contracts

Samples: Trust Agreement (SLM Student Loan Trust 2012-3), Trust Agreement (SLM Student Loan Trust 2010-1), Trust Agreement (SLM Student Loan Trust 2012-2)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee U.S. Bank nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee U.S. Bank that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 8 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2012-5), Trust Agreement (Santander Drive Auto Receivables Trust 2012-1), Trust Agreement (Santander Drive Auto Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for the preparation, correctness, accuracy, existence, or filing of any financing or continuation statement in any public office at any time or otherwise to perfect the validity, existence, perfection or maintain maintenance of the perfection of any security interest or lien granted to it or to the Issuer hereunder or under any Transaction Document, nor shall the Owner Trustee have any responsibility to monitor the performance of any collateral, or to prepare or file any Securities and Exchange tax (subject to Section 5.3(a)), qualification to do business, license, Commission or other securities law filing, or other regulatory filing or report for the Issuer Issuer, or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Citibank nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Citibank that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Issuer.

Appears in 8 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2024-2), Trust Agreement (Santander Drive Auto Receivables Trust 2024-2), Trust Agreement (Drive Auto Receivables Trust 2024-1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Trust.

Appears in 7 contracts

Samples: Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Acceptance LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Fargo nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Xxxxx Fargo that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 6 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2013-1), Trust Agreement (Santander Drive Auto Receivables Trust 2012-3), Trust Agreement (Santander Drive Auto Receivables Trust 2013-1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 5.3; and no implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required pursuant to the Sxxxxxxx-Xxxxx Act of 2002 or any rule or regulation promulgated thereunder) for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee (solely in its individual capacity) and that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 5 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2006-1), Trust Agreement (AFS SenSub Corp.), Trust Agreement (AFS SenSub Corp.)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything Document or to monitor or enforce the contrary herein or in satisfaction of any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable lawrisk retention requirements. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions arising by, through or claims againstunder the Trustee (including in its individual capacity) which are unrelated to the administration or ownership of the Trust Estate. Further, notwithstanding anything to the contrary herein or in any other document, the Owner Trustee that are shall not related be required to execute, deliver or certify on behalf of the ownership Trust, the Servicer, the Depositor or any other Person any filings, certificates, affidavits or other instruments required under Section 302 of the Xxxxxxxx-Xxxxx Act of 2002. Notwithstanding any Person’s right to instruct the Trustee, neither the Trustee nor any agent, employee, director or officer of the Trustee shall have any obligation to execute any certificates or other documents required pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002 or the administration of rules and regulations promulgated thereunder, and the Owner Trust Estaterefusal to comply with any such instructions shall not constitute a default or breach under this Agreement or any other document in connection herewith.

Appears in 5 contracts

Samples: Trust Agreement (CNH Equipment Trust 2019-C), Trust Agreement (CNH Equipment Trust 2021-A), Trust Agreement (CNH Equipment Trust 2019-B)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No SECTION 5.3; and no implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required pursuant to the Xxxxxxxx-Xxxxx Act of 2002 or any rule or regulation promulgated thereunder) for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee (solely in its individual capacity) and that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 4 contracts

Samples: Trust Agreement (UPFC Auto Receivables Trust 2007-A), Trust Agreement (UPFC Auto Receivables Trust 2007-B), Trust Agreement (UPFC Auto Receivables Trust 2006-A)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Wilmington Trust nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Wilmington Trust that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Trust.

Appears in 4 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2014-4), Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables Trust 2014-4)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any other Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any other Basic Document. Notwithstanding anything Document or to monitor or enforce the contrary herein or in satisfaction of any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable lawrisk retention requirements. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions arising by, through or claims againstunder the Trustee (including in its individual capacity) which are unrelated to the administration or ownership of the Trust Estate. Further, notwithstanding anything to the contrary herein or in any other document, the Owner Trustee that are shall not related be required to execute, deliver or certify on behalf of the ownership Trust, the Servicer, the Depositor or any other Person any filings, certificates, affidavits or other instruments required under Section 302 of the Sxxxxxxx-Xxxxx Act of 2002. Notwithstanding any Person’s right to instruct the Trustee, neither the Trustee nor any agent, employee, director or officer of the Trustee shall have any obligation to execute any certificates or other documents required pursuant to Section 302 of the Sxxxxxxx-Xxxxx Act of 2002 or the administration of rules and regulations promulgated thereunder, and the Owner Trust Estaterefusal to comply with any such instructions shall not constitute a default or breach under this Agreement or any other document in connection herewith.

Appears in 4 contracts

Samples: Trust Agreement (CNH Equipment Trust 2022-C), Trust Agreement (CNH Equipment Trust 2023-B), Trust Agreement (CNH Equipment Trust 2023-A)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 5.3; and no implied duties (including fiduciary duties) or obligations existing at law or in equity shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any trust licensing or qualifications to do business, tax filing, financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any ownership or security interest or lien granted to it hereunder or to the Trust or to prepare or file any Securities and Exchange Commission filing (including any filings required pursuant to the Xxxxxxxx-Xxxxx Act of 2002 or any rule or regulation promulgated thereunder) for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee (solely in its individual capacity) and that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 4 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2022-2), Trust Agreement (AmeriCredit Automobile Receivables Trust 2022-1), Trust Agreement (AmeriCredit Automobile Receivables Trust 2022-1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 3 contracts

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii), Trust Agreement (Nissan Auto Receivables 2005-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2005-B Owner Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Owner Trust EstateAssets, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement (including Section 6.02) or in any document or written instruction received by the Owner Trustee pursuant to Article IV, the last sentence of Section 6.01 or Section 6.03. No ; and no implied duties or obligations shall be read into this Agreement or any Basic other Trust Agreement Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare prepare, execute or file any Securities and Exchange Commission securities law filing (including any filings required by the Xxxxxxxx-Xxxxx Act of 2002) for the Issuer Trust or to record this Agreement or any Basic other Trust Agreement Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate Assets that result from actions by, or claims against, the Owner Trustee Trustee, in its individual capacity, that are not related to the ownership or the administration of the Owner Trust EstateAssets or the transactions contemplated by the Trust Agreement Transaction Documents.

Appears in 3 contracts

Samples: Trust Agreement (Cit Equipment Collateral 2006-Vt2), Trust Agreement (CIT Equipment Collateral 2008-Vt1), Trust Agreement (Cit Funding Co, LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document or otherwise contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 3 contracts

Samples: Trust Agreement (Toyota Auto Finance Receivables LLC), Trust Agreement (Toyota Auto Finance Receivables LLC), Trust Agreement (Toyota Auto Finance Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall have no obligation or duty to monitor the Issuer’s obligations and duties under the 2019-A Basic Documents or to ensure its compliance with the terms thereof. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee or the Issuer is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement or amendment in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder hereunder, or preparing or filing any tax, qualification to prepare do business or file any Securities and Exchange Commission securities law filing or report for the Issuer or to record this Agreement or recording any 2019-A Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-A)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a 20 (NAROT 2019-A Amended & Restated Trust Agreement) party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2019-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2019-a Owner Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee U.S. Bank nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee U.S. Bank that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Trust.

Appears in 2 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall have no obligation or duty to monitor the Issuer’s obligations and duties under the 2021-B Basic Documents or to ensure its compliance with the terms thereof. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee or the Issuer is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement or amendment in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder hereunder, or preparing or filing any tax, qualification to prepare do business or file any Securities and Exchange Commission securities law filing or report for the Issuer or to record this Agreement or recording any 2021-B Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2021-B), Trust Agreement (Mercedes-Benz Auto Lease Trust 2021-B)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file for the Issuer any tax, qualification to do business, Securities and Exchange Commission filing or any report for the Issuer to be made with the United States Department of the Treasury (or any bureau thereof), or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall have no obligation or duty to monitor the Issuer’s obligations and duties under the 2020-A Basic Documents or to ensure its compliance with the terms thereof. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee or the Issuer is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement or amendment in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder hereunder, or preparing or filing any tax, qualification to prepare do business or file any Securities and Exchange Commission securities law filing or report for the Issuer or to record this Agreement or recording any 2020-A Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2020-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2020-A)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.. 20 (NAROT 2018-C Amended & Restated Trust Agreement)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2018-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2018-C Owner Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall have no obligation or duty to monitor the Issuer’s obligations and duties under the 2020-B Basic Documents or to ensure its compliance with the terms thereof. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee or the Issuer is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement or amendment in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder hereunder, or preparing or filing any tax, qualification to prepare do business or file any Securities and Exchange Commission securities law filing or report for the Issuer or to record this Agreement or recording any 2020-B Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2020-B), Trust Agreement (Mercedes-Benz Auto Lease Trust 2020-B)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust EstateProperty, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any other Basic Document against the Owner Trustee, all such implied duties or obligations being hereby eliminated. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any securities law filing (including any filing with the Securities and Exchange Commission filing for Commission) or (except as directed in writing by the Issuer Board of the Administrator if required by applicable law) file any tax, qualification to do business, license, application, report or filing, or to monitor or enforce the satisfaction of any risk retention requirements or to record this Agreement or any other Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate Property that result from actions by, or claims against, the Owner Trustee U.S. Bank Trust National Association (solely in its individual capacity) and that are not related to the ownership or the administration of the Owner Trust EstateProperty.

Appears in 2 contracts

Samples: Trust Agreement (Credit Acceptance Corp), Trust Agreement (Credit Acceptance Corp)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Owner Trust EstateAssets, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement (including Section 6.02) or in any document or written instruction received by the Owner Trustee pursuant to Article IV, the last sentence of Section 6.01 or Section 6.03. No ; and no implied duties or obligations shall be read into this Agreement or any Basic other Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare prepare, execute or file any Securities and Exchange Commission securities law filing (including any filings required by the Xxxxxxxx-Xxxxx Act of 2002) for the Issuer Trust or to record this Agreement or any Basic other Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate Assets that result from actions by, or claims against, the Owner Trustee Trustee, in its individual capacity, that are not related to the ownership or the administration of the Owner Trust EstateAssets or the transactions contemplated by the Transaction Documents.

Appears in 2 contracts

Samples: Trust Agreement (NCT Funding Co LLC), Trust Agreement (Cit Equipment Collateral 2004-Vt1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Underlying Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee Underlying Trust is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Underlying Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any Basic other Transaction Document against the Owner Underlying Trustee. The Owner Underlying Trustee shall have no responsibility for (a) filing any tax or securities law filing (but shall prepare and deliver to the Settlor such information as is necessary for the preparation, signing and filing on behalf of the Underlying Trust any tax or information returns) or (b) any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer or to record this Agreement or any Basic other Transaction Document. Notwithstanding anything to the contrary herein or [_________________] in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee its individual capacity nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, [_________________] or the Owner Underlying Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Harley-Davidson Customer Funding Corp.), Trust Agreement (Harley-Davidson Customer Funding Corp.)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall have no obligation or duty to monitor the Issuer’s obligations and duties under the 2021-A Basic Documents or to ensure its compliance with the terms thereof. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee or the Issuer is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement or amendment in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder hereunder, or preparing or filing any tax, qualification to prepare do business or file any Securities and Exchange Commission securities law filing or report for the Issuer or to record this Agreement or recording any 2021-A Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2021-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2021-A)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the 28 Amended and Restated Trust Agreement (SDART 2018-3) perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Wilmington Trust nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Wilmington Trust that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Trust.

Appears in 2 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables Trust 2018-3)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a 20 (NAROT 2019-C Amended & Restated Trust Agreement) party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2019-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2019-C Owner Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall have no obligation or duty to monitor the Issuer’s obligations and duties under the 2019-B Basic Documents or to ensure its compliance with the terms thereof. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee or the Issuer is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement or amendment in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder hereunder, or preparing or filing any tax, qualification to prepare do business or file any Securities and Exchange Commission securities law filing or report for the Issuer or to record this Agreement or recording any 2019-B Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-B), Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-B)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities 28 Amended and Exchange Restated Trust Agreement (SDART 2017-3) Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Wilmington Trust nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Wilmington Trust that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Trust.

Appears in 2 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee or the Trust is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any other Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any other Basic Document. Notwithstanding anything any Person’s right to instruct the contrary herein Owner Trustee, neither the Owner Trustee nor any agent, employee, director or in any Basic Document, officer of the Owner Trustee shall not be required have any obligation to execute, deliver or certify on behalf of the Issuer or execute any other Person any filings, certificates, affidavits certificates or other instruments documents required under pursuant to the Xxxxxxxx-Xxxxx Act of 20022002 or the rules and regulations promulgated thereunder, and the refusal to the extent permitted by applicable lawcomply with any such instructions shall not constitute a default or breech under any Basic Document. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Lien (other than the Lien of the Indenture) on any part of the Owner Trust Estate that result results from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (USAA Auto Owner Trust 2007-2), Trust Agreement (USAA Auto Owner Trust 2007-1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Fargo nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Xxxxx Fargo that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Trust.

Appears in 2 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any other Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any other Basic Document. Notwithstanding anything Document or to monitor or enforce the contrary herein or in satisfaction of any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable lawrisk retention requirements. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions arising by, through or claims againstunder the Trustee (including in its individual capacity) which are unrelated to the administration or ownership of the Trust Estate. Further, notwithstanding anything to the contrary herein or in any other document, the Owner Trustee that are shall not related be required to execute, deliver or certify on behalf of the ownership Trust, the Servicer, the Depositor or any other Person any filings, certificates, affidavits or other instruments required under Section 302 of the Xxxxxxxx-Xxxxx Act of 2002. Notwithstanding any Person’s right to instruct the Trustee, neither the Trustee nor any agent, employee, director or officer of the Trustee shall have any obligation to execute any certificates or other documents required pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002 or the administration of rules and regulations promulgated thereunder, and the Owner Trust Estaterefusal to comply with any such instructions shall not constitute a default or breach under this Agreement or any other document in connection herewith.

Appears in 2 contracts

Samples: Trust Agreement (CNH Equipment Trust 2022-A), Trust Agreement (CNH Equipment Trust 2021-C)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer Trust Agreement (2012-2) or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee U.S. Bank nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee U.S. Bank that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2012-2), Trust Agreement (Santander Drive Auto Receivables Trust 2012-2)

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No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer 28 Amended and Restated Trust Agreement (SDART 2018-4) or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Wilmington Trust nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Wilmington Trust that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Trust.

Appears in 2 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2018-4), Trust Agreement (Santander Drive Auto Receivables Trust 2018-4)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall have no obligation or duty to monitor the Issuer’s obligations and duties under the 2023-A Basic Documents or to ensure its compliance with the terms thereof. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee or the Issuer is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement or amendment in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder hereunder, or preparing or filing any tax, qualification to prepare do business or file any Securities and Exchange Commission securities law filing or report for the Issuer or to record this Agreement or recording any 2023-A Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2023-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2023-A)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic 20 (NAROT 2019-B Amended & Restated Trust Agreement) Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2019-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2019-B Owner Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Xxxx granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to To the contrary herein extent that, at law or in any Basic Documentequity, the Owner Trustee shall not be required has duties (including fiduciary duties) and liabilities relating thereto to execute, deliver or certify on behalf of the Issuer or any the Certificateholder, it is hereby understood and agreed by the other Person any filings, certificates, affidavits or other instruments required under parties hereto that all such duties and liabilities are replaced by the Xxxxxxxx-Xxxxx Act duties and liabilities of 2002, to the extent permitted by applicable lawOwner Trustee expressly set forth in this Agreement. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Trust Estate. The Owner Trustee shall have no responsibility or liability for or with respect to the genuineness, value, sufficiency or validity of the Trust Estate.

Appears in 2 contracts

Samples: Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as 20 (NAROT 20[ ]-[ ] Amended & Restated Trust Agreement) expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for the preparation, correctness, accuracy, existence, or filing of any financing or continuation statement in any public office at any time or otherwise to perfect the validity, existence, perfection or maintain maintenance of the perfection of any security interest or lien granted to it or to the Issuer hereunder or under any Transaction Document, nor shall the Owner Trustee have any responsibility to monitor the performance of any collateral, or to prepare or file any Securities and Exchange tax (subject to Section 5.3(a)), qualification to do business, license, Commission or other securities law filing, or other regulatory filing or report for the Issuer Issuer, or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee [ ] nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee [ ] that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Trust.

Appears in 1 contract

Samples: Trust Agreement (Santander Drive Auto Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility responsibility, other than as set forth in Section 6.7, for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lxxx granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Sxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Wilmington Trust Company nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Wilmington Trust Company that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Banc of America Securities Auto Trust 2006-G1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement or amendment in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Xxxx granted to it hereunder or to prepare or or‌ file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act), for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Trust Estate. The Owner Trustee shall have no responsibility or liability for or with respect to the genuineness, value, sufficiency or validity of the Trust Estate.

Appears in 1 contract

Samples: Trust Agreement

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with with, the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission SEC filing (including any filings required under the Xxxxxxxx-Xxxxx Act, subject to Section 7.1(h) herein) for the Issuer Trust or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Wilmington Trust Company nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Wilmington Trust Company that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Capital One Auto Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No this Agreement; and no implied duties or obligations shall be read into this Agreement or any Basic Related Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Related Document. Notwithstanding anything to the contrary herein or in any Basic Related Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable lawif applicable. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from the negligence or willful misconduct of the Trustee or from actions by, or claims against, against the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Synchrony Card Issuance Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.. (Nissan [200_- ] Amended & Restated Trust Agreement)

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.. (Nissan 2008-B Second Amended & Restated Trust Agreement)

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables 2008-B Owner Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.. (Nissan 2006-B Amended & Restated Trust Agreement)

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables 2006-B Owner Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee [—] nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee [—] that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Trust.

Appears in 1 contract

Samples: Trust Agreement (Santander Drive Auto Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee [ ] nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee [ ] that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Trust.

Appears in 1 contract

Samples: Trust Agreement (Santander Drive Auto Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust EstateProperty, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee or the Trust is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any other Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any other Basic Document. Notwithstanding anything any Person’s right to instruct the contrary herein Owner Trustee, neither the Owner Trustee nor any agent, employee, director or in any Basic Document, officer of the Owner Trustee shall not be required have any obligation to execute, deliver or certify on behalf of the Issuer or execute any other Person any filings, certificates, affidavits certificates or other instruments documents required under pursuant to the Xxxxxxxx-Xxxxx Act of 20022002 or the rules and regulations promulgated thereunder, and the refusal to the extent permitted by applicable lawcomply with any such instructions shall not constitute a default or breech under any Basic Document. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Lien (other than the Lien of the Indenture) on any part of the Owner Trust Estate Property that result results from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust EstateProperty.

Appears in 1 contract

Samples: Trust Agreement (USAA Auto Owner Trust 2008-1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any Basic Document or, with respect to Certificates, any Series Supplement or any Series Related Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything Document or, with respect to the contrary herein or in Certificates, any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Series Supplement or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable lawSeries Related Document. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee (solely in its individual capacity) and that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Household Automotive Trust Iv Series 2000-1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act) for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee [ ] nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee [ ] that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Santander Drive Auto Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange filing with the Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act of 2002, subject to Section 7.1(h) herein) for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Deutsche Bank Trust Company Delaware nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Deutsche Bank Trust Company Delaware that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (M&i Dealer Auto Securitization LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust EstateProperty, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee or the Trust is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties or obligations shall be read into this Agreement or any other Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any other Basic Document. Notwithstanding anything any Person’s right to instruct the contrary herein Owner Trustee, neither the Owner Trustee nor any agent, employee, director or in any Basic Document, officer of the Owner Trustee shall not be required have any obligation to execute, deliver or certify on behalf of the Issuer or execute any other Person any filings, certificates, affidavits certificates or other instruments documents required under pursuant to the Xxxxxxxx-Xxxxx Act of 20022002 or the rules and regulations promulgated thereunder, and the refusal to the extent permitted by applicable lawcomply with any such instructions shall not constitute a default or breach under any Basic Document. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Lien (other than the Lien of the Indenture) on any part of the Owner Trust Estate Property that result results from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust EstateProperty.

Appears in 1 contract

Samples: Trust Agreement (Usaa Acceptance LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties), liabilities or obligations shall be read into this Agreement or any other Basic Document against the Owner TrusteeTrustee nor its officers, directors employees, agents or affiliates, such implied duties and liabilities are hereby eliminated. The Owner Trustee shall have no responsibility for filing any financing or continuation statement or amendment thereto in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any other Basic Document. Notwithstanding anything Document or to monitor or enforce the contrary herein or in satisfaction of any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable lawrisk retention requirements. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions arising by, through or claims againstunder the Trustee (including in its individual capacity) which are unrelated to the administration or ownership of the Trust Estate. Further, notwithstanding anything to the contrary herein or in any other document, the Owner Trustee that are shall not related be required to execute, deliver or certify on behalf of the ownership Trust, the Servicer, the Depositor or any other Person any filings, certificates, affidavits or other instruments required under Section 302 of the Sxxxxxxx-Xxxxx Act of 2002. Notwithstanding any Person’s right to instruct the Trustee, neither the Trustee nor any agent, employee, director or officer of the Trustee shall have any obligation to execute any certificates or other documents required pursuant to Section 302 of the Sxxxxxxx-Xxxxx Act of 2002 or the administration of rules and regulations promulgated thereunder, and the Owner Trust Estaterefusal to comply with any such instructions shall not constitute a default or breach under this Agreement or any other document in connection herewith.

Appears in 1 contract

Samples: Trust Agreement (CNH Equipment Trust 2024-A)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act), for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee Citibank nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee Citibank that are not related to the ownership or the administration of the Trust Estate. The Owner Trustee shall have no responsibility or liability for or with respect to the genuineness, value, sufficiency or validity of the Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Huntington Auto Trust 2015-1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.. (Nissan ______ Amended and Restated Trust Agreement)

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.. 20 (Nissan 2006-A Amended and Restated Trust Agreement)

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables 2006-a Owner Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.. (Nissan 2007-B Amended & Restated Trust Agreement)

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing (Nissan 2007-A Amended & Restated Trust Agreement) any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or 20 (Nissan 2008-A Amended & Restated Trust Agreement) any other Person any filings, certificates, affidavits or other instruments required under the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document document contemplated hereby to which the Issuer or the Owner Trustee is a party or otherwise contemplated herebyparty, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer is a party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Basic Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise to perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act), for the Issuer or to record this Agreement or any Basic Transaction Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee [____________] nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee [____________] that are not related to the ownership or the administration of the Trust Estate. The Owner Trustee shall have no responsibility or liability for or with respect to the genuineness, value, sufficiency or validity of the Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Capital One Auto Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any Basic Document to which the Owner Trustee is a party or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Basic Document to which the Issuer Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03. No implied duties or obligations shall be read into this Agreement or any Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Securities and Exchange Commission filing for the Issuer Trust or to record this Agreement or any Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Issuer Trust or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions (Nissan 2008-C Amended & Restated Trust Agreement) by, or claims against, the Owner Trustee that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables 2008-C Owner Trust)

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