Concerning Owner Trustee. Section 7.01. Acceptance of Trusts and Duties.....................................17 Section 7.02. Furnishing Documents................................................18 Section 7.03.
Concerning Owner Trustee. 19 SECTION 7.1. Acceptance of Trusts and Duties........................ 19 SECTION 7.2. Furnishing of Documents................................ 21 SECTION 7.3.
Concerning Owner Trustee. SECTION 7.01.
Concerning Owner Trustee. It is understood and agreed that, except as otherwise expressly provided herein or in the Trust Agreement or the Trust Indenture, Owner Trustee is entering into this Agreement solely in its capacity as trustee as provided in the Trust Agreement and not in its individual capacity and in no case whatsoever will it be liable or accountable in its individual capacity for any of the statements, representations, warranties, agreements or obligations of Owner Trustee hereunder, or for any loss in respect thereof, as to all of which the parties agree to look solely to the Trust Estate; PROVIDED, that nothing in this Section 14 shall be deemed to limit in scope or substance the personal liability of First Security (a) to Owner Participant as expressly set forth in the Trust Agreement, (b) in respect of the representations, warranties and agreements of First Security expressly made as such herein or in any other Operative Agreement to which it is a party, and (c) for the consequences of its own gross negligence, willful misconduct, and, in receiving, handling or remitting of funds only, its willful misconduct or simple negligence as a trustee.
Concerning Owner Trustee. SECTION 7.1. Acceptance of Trusts and Duties 12 SECTION 7.2. Furnishing of Documents 14 SECTION 7.3. Representations and Warranties 14 SECTION 7.4. Reliance; Advice of Counsel 15 SECTION 7.5. Not Acting in Individual Capacity 15 SECTION 7.6. The Owner Trustee May Own Notes 15
Concerning Owner Trustee. Section 7.01. Acceptance of Trusts and Duties ..............19 Section 7.02.
Concerning Owner Trustee. Xxxxx Fargo Bank Northwest, National Association is entering into the Operative Documents solely in its capacity as Owner Trustee under the Trust Agreement and not in its individual capacity (except as expressly provided in the Operative Documents), and in no case shall Xxxxx Fargo Bank Northwest, National Association (or any entity acting as successor Owner Trustee under the Trust Agreement) be personally liable for or on account of any of the statements, representations, warranties, covenants or obligations stated to be those of Lessor or Owner Trustee under the Operative Documents; provided, however, that Xxxxx Fargo Bank Northwest, National Association (or any successor Owner Trustee) shall be personally liable under the Operative Documents for its own gross negligence, its own simple negligence in the handling of funds actually received by it in accordance with the terms of the Operative Documents, its willful misconduct and its breach of its covenants, representations and warranties in the Operative Documents, to the extent covenanted or made in its individual capacity or as otherwise expressly provided in the Operative Documents; provided, further, that nothing contained in this Section 10.3 shall be construed to limit the exercise and enforcement in accordance with the terms of the Operative Documents of rights and remedies against the Trust Estate.
Concerning Owner Trustee. It is understood and agreed that, except as otherwise expressly provided herein or in the Trust Agreement or any other Operative Document, WFB is entering into this Agreement solely in its capacity as trustee as provided in the Trust Agreement and not in its individual capacity and in no case whatsoever will WFB be liable or accountable in its individual capacity for any of the statements, representations, warranties, agreements or obligations of Lessor hereunder, or for any loss in respect thereof, as to all of which all interested parties agree to look solely to the Trust Estate; provided that nothing in this Section 11 shall be deemed to limit in scope or substance the personal liability of WFB (a) to Beneficiary as expressly set forth in the Trust Agreement, (b) in respect of the representations, warranties and agreements of WFB expressly made in its individual capacity herein or in any other Operative Document to which it is a party, (c) for the consequences of its own gross negligence, willful misconduct and, in receiving, handling or remitting of funds only, its willful misconduct or simple negligence as a trustee, (d) in respect of Lessor's Liens attributable to it in its individual capacity, and (e) taxes, fees or other charges on, or based on, or measured by, any fees, commissions or compensation received by it in connection with the transactions contemplated by the Operative Documents.
Concerning Owner Trustee. 21 SECTION 7.1. Acceptance of Trusts and Duties..........................21 SECTION 7.2. Furnishing of Documents..................................22 SECTION 7.3. Representations and Warranties...........................22 SECTION 7.4. Reliance; Advice of Counsel..............................23 SECTION 7.5. Not Acting in Individual Capacity........................23 TABLE OF CONTENTS (continued) SECTION 7.7. The Owner Trustee May Own Certificates and Notes.........24
Concerning Owner Trustee. Section 6.01. Acceptance of Trusts and Duties 10 Section 6.02. Furnishing of Documents; Confidentiality of Information Contained in the Account Schedule 12 Section 6.03. Representations and Warranties 12 Section 6.04. Reliance; Advice of Counsel 13 Section 6.05. Not Acting in Individual Capacity 13 Section 6.06. Owner Trustee Not Liable for Notes or Receivables 13 Section 6.07. Owner Trustee May Own Notes 14 COMPENSATION OF OWNER TRUSTEE Section 7.01. Owner Trustee’s Fees and Expenses 14 Section 7.02. Indemnification 14 Section 7.03. Payments to Owner Trustee 15 ARTICLE VIII TERMINATION OF TRUST AGREEMENT Section 8.01. Termination of Trust Agreement 15 ARTICLE IX SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES Section 9.01. Eligibility Requirements for Owner Trustee 15 Section 9.02. Resignation or Removal of Owner Trustee 16 Section 9.03. Successor Owner Trustee 16 Section 9.04. Merger or Consolidation of Owner Trustee 17 Section 9.05. Appointment of Co-Trustee or Separate Trustee 17 ARTICLE X MISCELLANEOUS Section 10.01. Supplements and Amendments 18 Section 10.02. No Legal Title to Trust Estate in Transferor 20 Section 10.03. Limitations on Rights of Others 20 Section 10.04. Notices 20 Section 10.05. Severability 20 Section 10.06. Separate Counterparts 21 Section 10.07. Successors and Assigns 21 Section 10.08. Non-petition Covenants 21 Section 10.09. No Recourse 21 Section 10.10. Headings 21 Section 10.11. Governing Law 21 Section 10.12. Integration of Documents 21 ARTICLE XI
