Common use of Acceptance of Trusts and Duties Clause in Contracts

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 expressly made by Wilmington Trust in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 34 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2018-5), Trust Agreement (Santander Drive Auto Receivables Trust 2018-5), Trust Agreement (Santander Drive Auto Receivables Trust 2018-4)

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Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust Deutsche Bank in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Deutsche Bank to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 16 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2013-2), Trust Agreement (Santander Drive Auto Receivables Trust 2013-2), Trust Agreement (Santander Drive Auto Receivables Trust 2012-6)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 warranty, expressly made by Wilmington Trust the Owner Trustee in its individual capacitycapacity or any representation or warranty made by the Owner Trustee in accordance with Section 11.13 or 11.14, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 13 contracts

Samples: Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Acceptance LLC), Trust Agreement (USAA Auto Owner Trust 2016-1)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust Company in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Company to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 12 contracts

Samples: Trust Agreement (Capital One Auto Receivables LLC), Trust Agreement (Capital One Prime Auto Receivables Trust 2006-1), Trust Agreement (Capital One Auto Finance Trust 2004-A)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.6 expressly made by Wilmington BNY Mellon Trust of Delaware in its individual capacity, (iii) for liabilities arising from the failure of Wilmington BNY Mellon Trust of Delaware to perform obligations expressly undertaken by it in the second to last sentence of Section 6.4 6.4, or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):) of the foregoing:

Appears in 11 contracts

Samples: Trust Agreement (Capital One Prime Auto Receivables Trust 2022-2), Trust Agreement (Capital One Auto Receivables LLC), Trust Agreement (Capital One Prime Auto Receivables Trust 2022-1)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust U.S. Bank in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust U.S. Bank to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

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 Trust 2012-5)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this AgreementAgreement and the other Basic Documents. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate Property upon the terms of the Transaction Basic Documents and this Agreement. The Owner Trustee shall not be personally liable answerable or accountable in its individual capacity hereunder or under any Transaction other Basic Document under any circumstances notwithstanding anything herein or in the Transaction Documents to any Person, except to the contrary, except Trust and the Certificateholders (i) for its own willful misconduct, bad faith or gross negligencenegligence in the performance of its duties hereunder, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust the Owner Trustee in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by the entity serving as Owner Trustee or any branch or affiliate thereof in its commercial capacity or (ivv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee, and every provision of this Agreement relating to the conduct or affecting the liability of or affording protection to the Owner Trustee shall be subject to this Section. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):limitation:

Appears in 10 contracts

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 warranty, expressly made by Wilmington Trust the Owner Trustee in its individual capacitycapacity or any representation or warranty made by the Owner Trustee in accordance with Section 11.13 or 11.14, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 7 contracts

Samples: Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Acceptance LLC), Trust Agreement (USAA Auto Owner Trust 2012-1)

Acceptance of Trusts and Duties. The Owner Each Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Each Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Citibank, N.A. or Citicorp Trust Delaware, National Association, as applicable, in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust such Trustee to perform obligations expressly undertaken by it in the last fourth sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner such Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 6 contracts

Samples: Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2014-2), Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2014-2), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust Xxxxx Fargo in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Xxxxx Fargo to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 6 contracts

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.5 expressly made by Wilmington Trust Trust, National Association in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Trust, National Association to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):) of the foregoing:

Appears in 6 contracts

Samples: Trust Agreement (Fifth Third Auto Trust 2015-1), Trust Agreement (Fifth Third Auto Trust 2014-3), Trust Agreement (Fifth Third Auto Trust 2014-2)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this AgreementAgreement and the other Basic Documents. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate Property upon the terms of the Transaction Basic Documents and this Agreement. The Owner Trustee shall not be personally liable answerable or accountable in its individual capacity hereunder or under any Transaction other Basic Document under any circumstances notwithstanding anything herein or in the Transaction Documents to any Person, except to the contrary, except Trust and the Certificateholders (i) for its own willful misconduct, bad faith or gross negligencenegligence in the performance of its duties hereunder, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust the Owner Trustee in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by the entity serving as Owner Trustee or any branch or affiliate thereof in its commercial capacity or (ivv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee, and every provision of this Agreement relating to the conduct or affecting the liability of or affording protection to the Owner Trustee shall be subject to this Section. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):limitation:

Appears in 6 contracts

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust Company in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Company to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 6 contracts

Samples: Trust Agreement (Capital One Prime Auto Receivables Trust 2007-2), Trust Agreement (Capital One Auto Receivables LLC), Trust Agreement (Capital One Auto Finance Trust 2007-C)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Deutsche Bank Trust Company Delaware, in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 4 contracts

Samples: Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2012-2), Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2012-2), Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2012-1)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.6 expressly made by Wilmington Trust Xxxxx Fargo in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Xxxxx Fargo to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 4 contracts

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust Company in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Company to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 4 contracts

Samples: Trust Agreement (Capital One Auto Receivables LLC), Trust Agreement (Capital One Auto Receivables LLC), Trust Agreement (Capital One Auto Receivables LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.6 expressly made by Wilmington Trust Citibank in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Citibank to perform obligations expressly undertaken by it in the second to last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):) of the foregoing:

Appears in 4 contracts

Samples: Trust Agreement (Huntington Auto Trust 2016-1), Trust Agreement (Huntington Auto Trust 2016-1), Trust Agreement (Huntington Auto Trust 2015-1)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.6 expressly made by Wilmington Trust in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 4 contracts

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.6 expressly made by Wilmington BNY Mellon Trust of Delaware in its individual capacity, (iii) for liabilities arising from the failure of Wilmington BNY Mellon Trust of Delaware to perform obligations expressly undertaken by it in the second to last sentence of Section 6.4 6.4, or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):) of the foregoing:

Appears in 4 contracts

Samples: Trust Agreement (Capital One Prime Auto Receivables Trust 2023-2), Trust Agreement (Capital One Prime Auto Receivables Trust 2023-2), Trust Agreement (Capital One Prime Auto Receivables Trust 2023-1)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust [ ] in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust [ ] to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 4 contracts

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agrees agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Transaction Basic Documents and this Trust Agreement. The Owner Trustee shall not be personally liable answerable or accountable hereunder or under any Transaction Basic Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrarycircumstances, except (i) for its own willful misconduct, gross negligence or bad faith or gross negligencegrossly negligent failure to act, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 6.03 expressly made by Wilmington Trust in its individual capacitythe Owner Trustee, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or 4.04 hereof and (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):

Appears in 3 contracts

Samples: Trust Agreement (MSCC HELOC Trust 2007-1), Trust Agreement (Morgan Stanley Abs Capital I Inc), Trust Agreement (Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate Property upon the terms of the Transaction Related Documents and this Agreement. The Owner Trustee (in its individual or trust capacities) shall not be personally liable answerable or accountable hereunder or under any Transaction Related Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrarycircumstances, except (i) for its own willful misconduct, bad faith or gross negligencenegligence (other than errors in judgment), (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust the Owner Trustee in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or 6.4, (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner TrusteeTrustee or (v) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):

Appears in 3 contracts

Samples: Trust Agreement (Asset Backed Securities Corp), Trust Agreement (Asset Backed Securities Corp), Trust Agreement (Triad Financial Corp)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee Trustee, in its individual capacity, and the Certificate Paying Agent also agrees agree to disburse all moneys actually received by it them constituting part of the Owner Trust Estate upon the terms of the Transaction Basic Documents and this Agreement. The Owner Trustee in its individual capacity shall not be personally liable answerable or accountable hereunder or under any Transaction Basic Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrarycircumstances, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust the Owner Trustee, in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (ivv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee, in its individual capacity. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):

Appears in 3 contracts

Samples: Trust Agreement (Ml Asset Backed Corp), Trust Agreement (Securitized Asset Backed Receivables LLC), Trust Agreement (Painewebber Asset Acceptance Corp)

Acceptance of Trusts and Duties. The Owner (a) Each Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Each Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Citibank, N.A. or Citicorp Trust Delaware, National Association, as applicable, in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust such Trustee to perform obligations expressly undertaken by it in the last fourth sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner such Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 2 contracts

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust Deutsche Bank in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Deutsche Bank to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 2 contracts

Samples: Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2007-1), Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2008-1)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate Property upon the terms of the Transaction Related Documents and this Agreement. The Owner Trustee (in its individual or trust capacities) shall not be personally liable answerable or accountable hereunder or under any Transaction Related Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrarycircumstances, except (i) for its own willful misconduct, bad faith or gross negligencenegligence (or ordinary negligence in the handling of funds), (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust the Owner Trustee in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):

Appears in 2 contracts

Samples: Trust Agreement (Paragon Auto Receivables Corp), Trust Agreement (Paragon Auto Receivables Corp)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.6 expressly made by Wilmington Trust U.S. Bank in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust U.S. Bank to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 2 contracts

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

Acceptance of Trusts and Duties. The Owner Trustee accepts ------------------------------- the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee Trustee, in its individual capacity, and the Certificate Paying Agent also agrees agree to disburse all moneys actually received by it them constituting part of the Owner Trust Estate upon the terms of the Transaction Basic Documents and this Agreement. The Owner Trustee in its individual capacity shall not be personally liable answerable or accountable hereunder or under any Transaction Basic Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrarycircumstances, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust the Owner Trustee, in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (ivv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee, in its individual capacity. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):

Appears in 2 contracts

Samples: Trust Agreement (Prudential Securities Secured Financing Corp), Trust Agreement (Prudential Securities Secured Financing Corp)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust Deutsche Bank in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Deutsche Bank to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 2 contracts

Samples: Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2003-1), Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2005-1)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the in accordance with terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (ia) for its own willful misconduct, bad faith or gross negligence, (iib) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust in its individual capacity, (iiic) for liabilities arising from the failure of Wilmington Trust to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (ivd) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 2 contracts

Samples: Trust Agreement (Bank of America Auto Trust 2012-1), Trust Agreement (Bank of America Auto Trust 2012-1)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust Trustee Bank in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Trustee Bank to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 2 contracts

Samples: Trust Agreement (Volkswagen Public Auto Loan Securitization LLC), Trust Agreement (Vw Credit Leasing LTD)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the in accordance with terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (ia) for its own willful misconduct, bad faith or gross negligence, (iib) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust [ ] in its individual capacity, (iiic) for liabilities arising from the failure of Wilmington Trust [ ] to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (ivd) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 2 contracts

Samples: Trust Agreement (Bank of America Auto Receivables Securitization, LLC), Trust Agreement (Bank of America Auto Receivables Securitization, LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust [ ] in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust [ ] to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 2 contracts

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

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Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 expressly made by Wilmington Trust [ ] in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust [ ] to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 2 contracts

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the in accordance with terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (ia) for its own willful misconduct, bad faith or gross negligence, (iib) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust Company in its individual capacity, (iiic) for liabilities arising from the failure of Wilmington Trust Company to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (ivd) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 2 contracts

Samples: Trust Agreement (Bank of America Auto Trust 2010-2), Trust Agreement (Bank of America Auto Trust 2010-2)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Deutsche Bank Trust Company Delaware, in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the last fourth sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 2 contracts

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust Company in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Company to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 2 contracts

Samples: Trust Agreement (Capital One Auto Receivables LLC), Trust Agreement (Capital One Auto Receivables LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust [ ], in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 2 contracts

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.5 expressly made by Wilmington Trust [ ] in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust [ ] to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):) of the foregoing: 18 Amended and Restated

Appears in 1 contract

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of this Trust Agreement. To the Transaction Documents extent that, at law or in equity, the Owner Trustee has duties (including fiduciary duties) and liabilities relating thereto to the Trust or any other Person, it is hereby understood and agreed that such duties and liabilities are replaced by the duties and liabilities of the Owner Trustee expressly set forth in this Trust Agreement. The Owner Trustee shall not be personally liable answerable or accountable hereunder or under any other Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents circumstances, except to the contrary, except Trust and the Certificateholders (i) for its own willful misconduct, bad faith or gross negligence, negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.03 expressly made by Wilmington Trust in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Trust Agreement (Horizon Technology Finance Corp)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust [ ] in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust [ ] to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Trust Agreement (SunTrust Auto Receivables, LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust Trustee Bank in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Trustee Bank to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 1 contract

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee Trustee, in its individual capacity, and the Certificate Paying Agent also agrees agree to disburse all moneys actually received by it them constituting part of the Owner Trust Estate upon the terms of the Transaction Basic Documents and this Agreement. The Owner Trustee in its individual capacity shall not be personally liable answerable or accountable hereunder or under any Transaction Basic Document under undue any circumstances notwithstanding anything herein or in the Transaction Documents to the contrarycircumstances, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust the Owner Trustee, in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the last sentence of Section 6.4 hereof, (iv) for any investments issued by the Owner Trustee or any branch or affiliate thereof in its commercial capacity or (ivv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee, in its individual capacity. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Trust Agreement (Ml Asset Backed Corp)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.6 expressly made by Wilmington Trust [—] in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust [—] to perform obligations expressly undertaken by it in the last [second to last] sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):) of the foregoing:

Appears in 1 contract

Samples: Trust Agreement (Huntington Funding, LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except for (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust the Owner Trustee in its individual capacitycapacity or any representation or warranty made by the Owner Trustee in accordance with Section 11.13 or 11.14, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in pursuant to this Agreement or the last sentence of Section 6.4 Statutory Trust Act or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 1 contract

Samples: Trust Agreement (Chase Auto Receivables LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.6 expressly made by Wilmington Trust [—] in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust [—] to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Trust Agreement (Santander Drive Auto Receivables LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby hxxxxx created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust Company in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Company to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions set forth in the preceding sentence):

Appears in 1 contract

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust [ ] in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust [ ] to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):) of the foregoing:

Appears in 1 contract

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.6 expressly made by Wilmington Trust [ ] in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust [ ] to perform obligations expressly undertaken by it in the second to last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):) of the foregoing:

Appears in 1 contract

Samples: Trust Agreement (Huntington Funding, LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.6 expressly made by Wilmington Trust [____________] in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust [____________] to perform obligations expressly undertaken by it in the second to last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):) of the foregoing:

Appears in 1 contract

Samples: Trust Agreement (Capital One Auto Receivables LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust BNY in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust BNY to perform obligations expressly undertaken by it in the last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 1 contract

Samples: Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2003-2)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby trusts‌ xxxxxx created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.6 expressly made by Wilmington Trust the Owner Trustee in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust the Owner Trustee to perform obligations expressly undertaken by it in the second to last sentence of Section 6.4 6.4, or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):) of the foregoing:

Appears in 1 contract

Samples: Trust Agreement

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.3 expressly made by Wilmington Trust Company in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust Company to perform obligations expressly undertaken by it in the last third sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to of the exemptions set forth in the preceding sentence):foregoing:

Appears in 1 contract

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

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of the Transaction Documents and this Agreement. The Owner Trustee shall not be personally liable or accountable hereunder or under any Transaction Document under any circumstances notwithstanding anything herein or in the Transaction Documents to the contrary, except (i) for its own willful misconduct, bad faith or gross negligence, (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.4 7.6 expressly made by Wilmington Trust [ ] in its individual capacity, (iii) for liabilities arising from the failure of Wilmington Trust [ ] to perform obligations expressly undertaken by it in the second to last sentence of Section 6.4 or (iv) for taxes, fees or other charges on, based on or 24 Form of Amended and Restated Trust Agreement measured by, any fees, commissions or compensation received by the Owner Trustee. In particular, but not by way of limitation (and subject to the exemptions exceptions set forth in the preceding sentence):) of the foregoing:

Appears in 1 contract

Samples: Trust Agreement (Capital One Auto Receivables LLC)

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