Common use of The Owner Trustee’s Compensation Clause in Contracts

The Owner Trustee’s Compensation. The Depositor shall cause the Servicer to pay to Wilmington Trust, National Association pursuant to Section 3.12 of the Servicing Agreement from time to time compensation for all services rendered by the Owner Trustee and the Certificate Paying Agent under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee and the Certificate Paying Agent (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.12 of the Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse the Owner Trustee and the Certificate Paying Agent upon its request for all reasonable expenses, disbursements and advances incurred or made by the Owner Trustee and the Certificate Paying Agent in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as the Owner Trustee and the Certificate Paying Agent may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, gross negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid in accordance with Sections 8.5 or 5.4(b) of the Indenture, as applicable.

Appears in 6 contracts

Samples: Trust Agreement (Fifth Third Auto Trust 2014-1), Trust Agreement (Fifth Third Auto Trust 2015-1), Trust Agreement (Fifth Third Auto Trust 2014-3)

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The Owner Trustee’s Compensation. The Depositor shall cause the Servicer to pay to Wilmington Trust, National Association [ ] pursuant to Section 3.12 of the Servicing Agreement from time to time compensation for all services rendered by the Owner Trustee and the Certificate Paying Agent under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee and the Certificate Paying Agent (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.12 of the Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse the Owner Trustee and the Certificate Paying Agent upon its request for all reasonable expenses, disbursements and advances incurred or made by the Owner Trustee and the Certificate Paying Agent in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as the Owner Trustee and the Certificate Paying Agent may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, gross negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid in accordance with Sections 8.5 or 5.4(b) of the Indenture, as applicable.

Appears in 1 contract

Samples: Trust Agreement (Fifth Third Holdings Funding, LLC)

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The Owner Trustee’s Compensation. The Depositor shall cause the Servicer to agree to pay to Wilmington Trust, National Association the Owner Trustee pursuant to Section 3.12 3.10 of the Servicing Servicing‌ Agreement from time to time compensation for all services rendered by the Owner Trustee and the Certificate Paying Agent under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee and the Certificate Paying Agent (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). , provided, however, that such fee letter may be amended from time to time after the date hereof to provide for the Owner Trustee’s role as Computation Agent, if applicable, and as agreed to by the Servicer and the Owner Trustee.. The Servicer, pursuant to Section 3.12 3.10 of the Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse the Owner Trustee and the Certificate Paying Agent upon its request for all reasonable expenses, disbursements and advances incurred or made by the Owner Trustee and the Certificate Paying Agent in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as the Owner Trustee and the Certificate Paying Agent may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, gross negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid by the Issuer in accordance with Sections 8.5 or Section 5.4(b) or 8.5 of the Indenture, as applicable.

Appears in 1 contract

Samples: Trust Agreement

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