Common use of The Indenture Trustee Clause in Contracts

The Indenture Trustee. (a) The Indenture Trustee, in the performance of its duties hereunder, and in the exercise or lack of exercise of any and all of its rights and privileges hereunder, will be entitled to all rights and protections afforded to it in its capacity as Indenture Trustee under the Indenture as if such rights and protections were expressly set forth herein, including but not limited to all rights and protections (including all rights to indemnification), and all limitations of liability afforded to the Indenture Trustee pursuant to Article VI thereof. To the extent there is a conflict between this Agreement and the Indenture relating to the rights and protections afforded to the Indenture Trustee hereunder and the thereunder, the terms of the Indenture will control. (b) No provision of this Agreement will require the Indenture Trustee to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it will have reasonable grounds to believe that repayment of such funds or indemnity satisfactory to it against such risk or liability is not reasonably assured to it. (c) Any resignation or removal of the Indenture Trustee pursuant to the Indenture will automatically result in the removal of the Indenture Trustee hereunder without need for delivery of any notice thereof. (d) The Indenture Trustee will have no duty, obligation or liability to monitor, supervise or perform the obligations of the Issuer and the Capital Contribution Provider or any other Person under this Agreement or the Transaction Documents. (e) The parties hereto acknowledge that in accordance with AML Law, the Indenture Trustee is required to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with the Indenture Trustee. Each party hereby agrees that, to the extent required to comply with any applicable requirements of AML Law, it will provide the Indenture Trustee with such identifying information and documentation in its possession as the Indenture Trustee, may request from time to time.

The Indenture Trustee. (a) The Indenture Trustee, in the performance of its duties hereunder, and in the exercise or lack of exercise of any and all of its rights and privileges hereunder, will be entitled to all rights and protections afforded to it in its capacity as Indenture Trustee under the Indenture Indenture, as if such rights and protections were expressly set forth herein, including but not limited to all rights and protections (including all rights to indemnification), and all limitations of liability afforded to the Indenture Trustee pursuant to Article VI thereof. To the extent there is a conflict between this Agreement and the Indenture relating to the rights and protections afforded to the Indenture Trustee hereunder and the thereunder, the terms of the Indenture will control. (b) No provision of this Agreement will require the Indenture Trustee to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it will have reasonable grounds to believe that repayment of such funds or indemnity satisfactory to it against such risk or liability is not reasonably assured to it. (c) Any resignation or removal of the Indenture Trustee pursuant to the Indenture will automatically result in the removal of the Indenture Trustee hereunder without need for delivery of any notice thereof. (d) The Indenture Trustee will have no duty, obligation or liability to monitor, supervise or perform the obligations of the Issuer and the Capital Contribution Provider or any other Person under this Agreement or the Transaction Documents. (e) The parties hereto acknowledge that in accordance with AML Law, the Indenture Trustee is required to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with the Indenture Trustee. Each party hereby agrees that, to the extent required to comply with any applicable requirements of AML Law, it will provide the Indenture Trustee with such identifying information and documentation in its possession as the Indenture Trustee, Trustee may request from time to time.

The Indenture Trustee. (a) ▇▇▇▇▇ Fargo Bank, N.A. will perform its duties as Indenture Trustee hereunder through its Corporate Trust Services division. (b) The Indenture Trustee, in the performance of its duties hereunder, and in the exercise or lack of exercise of any and all of its rights and privileges hereunder, will be entitled to all rights and protections afforded to it in its capacity as Indenture Trustee under the Indenture as if such rights and protections were expressly set forth hereinIndenture, including but not limited to all rights and protections (including all rights to indemnification), and all limitations of liability afforded to the Indenture Trustee pursuant to Article VI thereof. To the extent there is a conflict between this Agreement and the Indenture relating to the rights and protections afforded to the Indenture Trustee hereunder and the thereunder, the terms of the Indenture will control. (bc) No provision of this Agreement will require the Indenture Trustee to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it will have reasonable grounds to believe that repayment of such funds or indemnity satisfactory to it against such risk or liability is not reasonably assured to it. (cd) Any resignation or removal of the Indenture Trustee pursuant to the Indenture will automatically result in the removal of the Indenture Trustee hereunder without need for delivery of any notice thereof. (de) The Indenture Trustee will have no duty, obligation or liability to monitor, supervise or perform the obligations of the Issuer and the Capital Contribution Provider or any other Person under this Agreement or the Transaction Documents. (ef) The parties hereto acknowledge that in accordance with AML Lawrequirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the "Patriot Act"), the Indenture Trustee Trustee, in order to help fight the funding of terrorism and money laundering, is required to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with the Indenture Trustee. Each party hereby agrees that, to the extent required to comply with any applicable requirements of AML Law, that it will provide the Indenture Trustee with such identifying information and documentation in its possession as the Indenture Trustee, may request from time to timetime in order to comply with any applicable requirements of the Patriot Act.

The Indenture Trustee. (a) ▇▇▇▇▇ Fargo Bank, N.A. will perform its duties as Indenture Trustee hereunder through its Corporate Trust Services division. (b) The Indenture Trustee, in the performance of its duties hereunder, and in the exercise or lack of exercise of any and all of its rights and privileges hereunder, will be entitled to all rights and protections afforded to it in its capacity as Indenture Trustee under the Indenture Indenture, as if such rights and protections were expressly set forth herein, including but not limited to all rights and protections (including all rights to indemnification), and all limitations of liability afforded to the Indenture Trustee pursuant to Article VI thereof. To the extent there is a conflict between this Agreement and the Indenture relating to the rights and protections afforded to the Indenture Trustee hereunder and the thereunder, the terms of the Indenture will control. (bc) No provision of this Agreement will require the Indenture Trustee to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it will have reasonable grounds to believe that repayment of such funds or indemnity satisfactory to it against such risk or liability is not reasonably assured to it. (cd) Any resignation or removal of the Indenture Trustee pursuant to the Indenture will automatically result in the removal of the Indenture Trustee hereunder without need for delivery of any notice thereof. (de) The Indenture Trustee will have no duty, obligation or liability to monitor, supervise or perform the obligations of the Issuer and the Capital Contribution Provider or any other Person under this Agreement or the Transaction Documents. (ef) The parties hereto acknowledge that in accordance with AML Lawrequirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the "Patriot Act"), the Indenture Trustee Trustee, in order to help fight the funding of terrorism and money laundering, is required to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with the Indenture Trustee. Each party hereby agrees that, to the extent required to comply with any applicable requirements of AML Law, that it will provide the Indenture Trustee with such identifying information and documentation in its possession as the Indenture Trustee, may request from time to timetime to the extent required to comply with any applicable requirements of the Patriot Act.

The Indenture Trustee. (a) ▇▇▇▇▇ Fargo Bank, N.A. will perform its duties as Indenture Trustee hereunder through its Corporate Trust Services division. (b) The Indenture Trustee, in the performance of its duties hereunder, and in the exercise or lack of exercise of any and all of its rights and privileges hereunder, will be entitled to all rights and protections afforded to it in its capacity as Indenture Trustee under the Indenture as if such rights and protections were expressly set forth herein, including but not limited to all rights and protections (including all rights to indemnification), and all limitations of liability afforded to the Indenture Trustee pursuant to Article VI thereof. To the extent there is a conflict between this Agreement and the Indenture relating to the rights and protections afforded to the Indenture Trustee hereunder and the thereunder, the terms of the Indenture will control. (bc) No provision of this Agreement will require the Indenture Trustee to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it will have reasonable grounds to believe that repayment of such funds or indemnity satisfactory to it against such risk or liability is not reasonably assured to it. (cd) Any resignation or removal of the Indenture Trustee pursuant to the Indenture will automatically result in the removal of the Indenture Trustee hereunder without need for delivery of any notice thereof. (de) The Indenture Trustee will have no duty, obligation or liability to monitor, supervise or perform the obligations of the Issuer and the Capital Contribution Provider or any other Person under this Agreement or the Transaction Documents. (ef) The parties hereto acknowledge that in accordance with AML Lawrequirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the "Patriot Act"), the Indenture Trustee Trustee, in order to help fight the funding of terrorism and money laundering, is required to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with the Indenture Trustee. Each party hereby agrees that, to the extent required to comply with any applicable requirements of AML Law, that it will provide the Indenture Trustee with such identifying information and documentation in its possession as the Indenture Trustee, may request from time to timetime to the extent required to comply with any applicable requirements of the Patriot Act.

The Indenture Trustee. ‌ (a) The Indenture Trustee, in the performance of its duties hereunder, and in the exercise or lack of exercise of any and all of its rights and privileges hereunder, will be entitled to all rights and protections afforded to it in its capacity as Indenture Trustee under the Indenture as if such rights and protections were expressly set forth herein, including but not limited to all rights and protections (including all rights to indemnification), and all limitations of liability afforded to the Indenture Trustee pursuant to Article VI thereof. To the extent there is a conflict between this Agreement and the Indenture relating to the rights and protections afforded to the Indenture Trustee hereunder and the thereunder, the terms of the Indenture will control. (b) No provision of this Agreement will require the Indenture Trustee to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it will have reasonable grounds to believe that repayment of such funds or indemnity satisfactory to it against such risk or liability is not reasonably assured to it. (c) Any resignation or removal of the Indenture Trustee pursuant to the Indenture will automatically result in the removal of the Indenture Trustee hereunder without need for delivery of any notice thereof. (d) The Indenture Trustee will have no duty, obligation or liability to monitor, supervise or perform the obligations of the Issuer and the Capital Contribution Provider or any other Person under this Agreement or the Transaction Documents. (e) The parties hereto acknowledge that in accordance with AML Law, the Indenture Trustee is required to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with the Indenture Trustee. Each party hereby agrees that, to the extent required to comply with any applicable requirements of AML Law, it will provide the Indenture Trustee with such identifying information and documentation in its possession as the Indenture Trustee, may request from time to time.

The Indenture Trustee. ‌ (a) The Indenture Trustee, in the performance of its duties hereunder, and in the exercise or lack of exercise of any and all of its rights and privileges hereunder, will be entitled to all rights and protections afforded to it in its capacity as Indenture Trustee under the Indenture Indenture, as if such rights and protections were expressly set forth herein, including but not limited to all rights and protections (including all rights to indemnification), and all limitations of liability afforded to the Indenture Trustee pursuant to Article VI thereof. To the extent there is a conflict between this Agreement and the Indenture relating to the rights and protections afforded to the Indenture Trustee hereunder and the thereunder, the terms of the Indenture will control. (b) No provision of this Agreement will require the Indenture Trustee to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it will have reasonable grounds to believe that repayment of such funds or indemnity satisfactory to it against such risk or liability is not reasonably assured to it. (c) Any resignation or removal of the Indenture Trustee pursuant to the Indenture will automatically result in the removal of the Indenture Trustee hereunder without need for delivery of any notice thereof. (d) The Indenture Trustee will have no duty, obligation or liability to monitor, supervise or perform the obligations of the Issuer and the Capital Contribution Provider or any other Person under this Agreement or the Transaction Documents. (e) The parties hereto acknowledge that in accordance with AML Law, the Indenture Trustee is required to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with the Indenture Trustee. Each party hereby agrees that, to the extent required to comply with any applicable requirements of AML Law, it will provide the Indenture Trustee with such identifying information and documentation in its possession as the Indenture Trustee, Trustee may request from time to time.

The Indenture Trustee. ‌ (a) ▇▇▇▇▇ Fargo Bank, N.A. will perform its duties as Indenture Trustee hereunder through its Corporate Trust Services division. (b) The Indenture Trustee, in the performance of its duties hereunder, and in the exercise or lack of exercise of any and all of its rights and privileges hereunder, will be entitled to all rights and protections afforded to it in its capacity as Indenture Trustee under the Indenture as if such rights and protections were expressly set forth hereinIndenture, including but not limited to all rights and protections (including all rights to indemnification), and all limitations of liability afforded to the Indenture Trustee pursuant to Article VI thereof. To the extent there is a conflict between this Agreement and the Indenture relating to the rights and protections afforded to the Indenture Trustee hereunder and the thereunder, the terms of the Indenture will control. (bc) No provision of this Agreement will require the Indenture Trustee to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it will have reasonable grounds to believe that repayment of such funds or indemnity satisfactory to it against such risk or liability is not reasonably assured to it. (cd) Any resignation or removal of the Indenture Trustee pursuant to the Indenture will automatically result in the removal of the Indenture Trustee hereunder without need for delivery of any notice thereof. (de) The Indenture Trustee will have no duty, obligation or liability to monitor, supervise or perform the obligations of the Issuer and the Capital Contribution Provider or any other Person under this Agreement or the Transaction Documents. (ef) The parties hereto acknowledge that in accordance with AML Lawrequirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the "Patriot Act"), the Indenture Trustee Trustee, in order to help fight the funding of terrorism and money laundering, is required to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with the Indenture Trustee. Each party hereby agrees that, to the extent required to comply with any applicable requirements of AML Law, that it will provide the Indenture Trustee with such identifying information and documentation in its possession as the Indenture Trustee, may request from time to timetime in order to comply with any applicable requirements of the Patriot Act.

The Indenture Trustee. 7.1 Indenture Trustee’s Appointment as Attorney-in-Fact, etc. (a) The Guarantor hereby irrevocably constitutes and appoints the Indenture TrusteeTrustee and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the performance place and stead of its duties hereunder, the Guarantor and in the exercise name of the Guarantor or lack in its own name, for the purpose of exercise carrying out the terms of this Agreement, to take any and all of its rights appropriate action and privileges hereunder, will be entitled to all rights and protections afforded to it in its capacity as Indenture Trustee under the Indenture as if such rights and protections were expressly set forth herein, including but not limited to all rights and protections (including all rights to indemnification), execute any and all limitations documents and instruments which may be necessary or desirable to accomplish the purposes of liability afforded this Agreement. Anything in this Section 7.1(a) to the contrary notwithstanding, the Indenture Trustee pursuant to Article VI thereof. To agrees that it will not exercise any rights under the extent there is a conflict between power of attorney provided for in this Agreement Section 7.1(a) unless an Event of Default shall have occurred and the Indenture relating to the rights and protections afforded to the Indenture Trustee hereunder and the thereunder, the terms of the Indenture will controlbe continuing. (b) No provision of this Agreement will require If the Indenture Trustee Guarantor fails to expend perform or risk its own funds or otherwise incur financial liability in the performance of comply with any of its duties hereunder agreements contained herein, the Indenture Trustee, at its option, but without any obligation so to do, may perform or in the exercise of any of its rights comply, or powersotherwise cause performance or compliance, if it will have reasonable grounds to believe that repayment of with such funds or indemnity satisfactory to it against such risk or liability is not reasonably assured to itagreement. (c) Any resignation or removal The expenses of the Indenture Trustee pursuant incurred in connection with actions undertaken as provided in this Section 7.1, together with interest thereon at a rate per annum equal to the rate payable in respect of Servicing Advances, from the date of payment by the Indenture Trustee to the date reimbursed by the Guarantor, shall be payable by the Guarantor to the Indenture will automatically result in the removal of the Indenture Trustee hereunder without need for delivery of any notice thereofon demand. (d) The Indenture Trustee will have no dutyGuarantor hereby ratifies all that such attorneys shall lawfully do or cause to be done by virtue hereof. All powers, obligation or liability to monitor, supervise or perform the obligations of the Issuer authorizations and agencies contained in this Agreement are coupled with an interest and are irrevocable until this Agreement is terminated and the Capital Contribution Provider or any other Person under this Agreement or the Transaction Documentssecurity interests created hereby are released. (e) The parties hereto acknowledge that in accordance with AML Law, the Indenture Trustee is required to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with the Indenture Trustee. Each party hereby agrees that, to the extent required to comply with any applicable requirements of AML Law, it will provide the Indenture Trustee with such identifying information and documentation in its possession as the Indenture Trustee, may request from time to time.

The Indenture Trustee. ‌ (a) ▇▇▇▇▇ Fargo Bank, N.A. will perform its duties as Indenture Trustee hereunder through its Corporate Trust Services division. (b) The Indenture Trustee, in the performance of its duties hereunder, and in the exercise or lack of exercise of any and all of its rights and privileges hereunder, will be entitled to all rights and protections afforded to it in its capacity as Indenture Trustee under the Indenture as if such rights and protections were expressly set forth herein, including but not limited to all rights and protections (including all rights to indemnification), and all limitations of liability afforded to the Indenture Trustee pursuant to Article VI thereof. To the extent there is a conflict between this Agreement and the Indenture relating to the rights and protections afforded to the Indenture Trustee hereunder and the thereunder, the terms of the Indenture will control. (bc) No provision of this Agreement will require the Indenture Trustee to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it will have reasonable grounds to believe that repayment of such funds or indemnity satisfactory to it against such risk or liability is not reasonably assured to it. (cd) Any resignation or removal of the Indenture Trustee pursuant to the Indenture will automatically result in the removal of the Indenture Trustee hereunder without need for delivery of any notice thereof. (de) The Indenture Trustee will have no duty, obligation or liability to monitor, supervise or perform the obligations of the Issuer and the Capital Contribution Provider or any other Person under this Agreement or the Transaction Documents. (ef) The parties hereto acknowledge that in accordance with AML Lawrequirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the "Patriot Act"), the Indenture Trustee Trustee, in order to help fight the funding of terrorism and money laundering, is required to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with the Indenture Trustee. Each party hereby agrees that, to the extent required to comply with any applicable requirements of AML Law, that it will provide the Indenture Trustee with such identifying information and documentation in its possession as the Indenture Trustee, may request from time to timetime to the extent required to comply with any applicable requirements of the Patriot Act.

The Indenture Trustee. ‌ (a) ▇▇▇▇▇ Fargo Bank, N.A. will perform its duties as Indenture Trustee hereunder through its Corporate Trust Services division. (b) The Indenture Trustee, in the performance of its duties hereunder, and in the exercise or lack of exercise of any and all of its rights and privileges hereunder, will be entitled to all rights and protections afforded to it in its capacity as Indenture Trustee under the Indenture Indenture, as if such rights and protections were expressly set forth herein, including but not limited to all rights and protections (including all rights to indemnification), and all limitations of liability afforded to the Indenture Trustee pursuant to Article VI thereof. To the extent there is a conflict between this Agreement and the Indenture relating to the rights and protections afforded to the Indenture Trustee hereunder and the thereunder, the terms of the Indenture will control. (bc) No provision of this Agreement will require the Indenture Trustee to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it will have reasonable grounds to believe that repayment of such funds or indemnity satisfactory to it against such risk or liability is not reasonably assured to it. (cd) Any resignation or removal of the Indenture Trustee pursuant to the Indenture will automatically result in the removal of the Indenture Trustee hereunder without need for delivery of any notice thereof. (de) The Indenture Trustee will have no duty, obligation or liability to monitor, supervise or perform the obligations of the Issuer and the Capital Contribution Provider or any other Person under this Agreement or the Transaction Documents. (ef) The parties hereto acknowledge that in accordance with AML Lawrequirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the "Patriot Act"), the Indenture Trustee Trustee, in order to help fight the funding of terrorism and money laundering, is required to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with the Indenture Trustee. Each party hereby agrees that, to the extent required to comply with any applicable requirements of AML Law, that it will provide the Indenture Trustee with such identifying information and documentation in its possession as the Indenture Trustee, may request from time to timetime to the extent required to comply with any applicable requirements of the Patriot Act.

The Indenture Trustee. and the Bond Administrator ------------------------------------------------ Section 6.01. Duties of the Indenture Trustee and the Bond -------------------------------------------- Administrator. ------------- If an Event of Default has occurred and is continuing, each of the Indenture Trustee and the Bond Administrator shall exercise the rights and powers vested in each of them by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs. (a) The Indenture Trustee, in Except during the performance continuance of its duties hereunder, and in an Event of Default: (i) each of the exercise or lack of exercise of any and all of its rights and privileges hereunder, will be entitled to all rights and protections afforded to it in its capacity as Indenture Trustee under and the Indenture Bond Administrator undertake to perform such duties and only such duties as if such rights and protections were expressly are specifically set forth herein, including but not limited to all rights and protections (including all rights to indemnification), and all limitations of liability afforded in this Indenture with respect to the Indenture Trustee pursuant to Article VI thereof. To the extent there is a conflict between this Agreement and the Bond Administrator, respectively, and no implied covenants or obligations shall be read into this Indenture relating against the Indenture Trustee or the Bond Administrator; and (ii) in the absence of bad faith on its part, each of the Indenture Trustee and the Bond Administrator, as the case may be, may conclusively rely, as to the rights truth of the statements and protections afforded the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Indenture Trustee hereunder and/or the Bond Administrator, as applicable, and conforming to the thereunderrequirements of this Indenture; provided, the terms however, that each of the Indenture will controlTrustee and the Bond Administrator, as the case may be, shall examine the certificates and opinions delivered to it to determine whether or not they conform to the requirements of this Indenture; provided, further, however, that the Indenture Trustee shall have no duty or responsibility to review any document, certificate, instrument or opinion delivered solely to the Bond Administrator. (b) Neither the Indenture Trustee nor the Bond Administrator may be relieved from liability for its own negligent action, its own negligent failure to act or its own willful misconduct, except that: (i) this paragraph does not limit the effect of paragraph (b) of this Section 6.01; (ii) the Indenture Trustee and the Bond Administrator shall not be liable for any error of judgment made in good faith by its respective Responsible Officer unless it is proved that the Indenture Trustee or the Bond Administrator, respectively, was negligent in ascertaining the pertinent facts; and (iii) neither the Indenture Trustee nor the Bond Administrator shall be liable with respect to any action it takes or omits to take in good faith in accordance with a direction received by it (A) pursuant to Sections 5.11 or 5.15 or (B) from the Bond Insurer, which it is entitled to give under any of the Basic Documents. Neither the Indenture Trustee nor the Bond Administrator shall be liable for interest on any money received by the Indenture Trustee or the Bond Administrator, as the case may be, except as the Indenture Trustee or the Bond Administrator, respectively, may agree in writing with the Issuer. Money held in trust by the Indenture Trustee or the Bond Administrator need not be segregated from other trust funds except to the extent required by law or the terms of this Indenture or the Trust Agreement. No provision of this Agreement will Indenture shall require the Indenture Trustee or the Bond Administrator to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it will shall have reasonable grounds to believe that repayment of such funds or adequate indemnity satisfactory to it against such risk or liability is not reasonably assured to it. Subject to the other provisions of this Agreement and without limiting the generality of this Section 6.01, the Indenture Trustee shall have no duty (A) to see to any recording, filing or depositing of this Agreement or any agreement referred to herein or any financing statement or continuation statement evidencing a security interest, or to see to the maintenance of any such recording or filing or depositing or to any rerecording, refiling or redepositing of any thereof, (B) to see to any insurance, (C) to see to the payment or discharge of any tax, assessment, or other governmental charge or any lien or encumbrance of any kind owing with respect to, assessed or levied against, any part of the Trust Fund other than from funds available in the Payment Account, or (D) to confirm or verify the contents of any reports or certificates of the Servicer delivered to the Bond Administrator or the Indenture Trustee believed by the Bond Administrator or the Indenture Trustee to be genuine and to have been signed or presented by the proper party or parties. Every provision of this Indenture relating to the conduct or affecting the liability of or affording protection to the Indenture Trustee shall be subject to the provisions of this Section and to the provisions of the TIA. (c) Any resignation or removal The Bond Administrator shall act in accordance with Sections 6.03 and 6.04 of the Indenture Trustee pursuant Servicing Agreement and shall act as successor Servicer to the Indenture will automatically result extent provided in the removal Section 6.02 of the Indenture Trustee hereunder without need for delivery of any notice thereofServicing Agreement. (d) For all purposes under this Indenture, neither the Indenture Trustee nor the Bond Administrator shall be deemed to have notice or knowledge of any Default or Event of Default unless a Responsible Officer assigned to and working in the Indenture Trustee's or the Bond Administrator's, respectively, corporate trust department has actual knowledge thereof or unless written notice of any event which is in fact such an Event of Default or Default is received by the Indenture Trustee or the Bond Administrator, respectively, at the Corporate Trust Office, and such notice references the Bonds generally, the Issuer, the Trust Estate or this Indenture. The Indenture Trustee will have no dutyand the Bond Administrator are hereby authorized to execute and shall execute the Servicing Agreement, obligation the Purchase Agreement, the Insurance Agreement and the Converted Loan Purchase Agreement, and shall perform their respective duties and satisfy their respective obligations thereunder. Every provision of this Indenture relating to the conduct or affecting the liability of or affording protection to monitorthe Indenture Trustee or the Bond Administrator shall apply to the Indenture Trustee's and the Bond Administrator's execution of the Servicing Agreement, supervise the Purchase Agreement, the Insurance Agreement and the Converted Loan Purchase Agreement, and the performance of their respective duties and satisfaction of its obligations thereunder. Notwithstanding any term or perform provision in this Indenture to the contrary, the rights and obligations of the Issuer and the Capital Contribution Provider or any other Person Indenture Trustee as Indenture Trustee under this Agreement or shall not be diminished by the Transaction Documents. (e) The parties hereto acknowledge fact that in accordance with AML Law, the Indenture Trustee is required may employ the services of the Bond Administrator to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with accomplish the Indenture Trustee. Each party hereby agrees that, to the extent required to comply with any applicable requirements duties of AML Law, it will provide the Indenture Trustee with hereunder. Accordingly, any references in this Indenture or the other Basic Documents alluding to a right or obligation of the Bond Administrator (other than the obligation of the Bond Administrator to act as successor Servicer pursuant to Section 6.02 of the Servicing Agreement in the event of a Servicer Event of Default) shall be construed to mean such identifying information and documentation in its possession as right or obligation of the Indenture Trustee, which right or obligation may request from time to timebe accepted or performed by the Bond Administrator on behalf of the Indenture Trustee.