Capacity of Trustee. The Trustee is entering into this Agreement solely in its capacity as Trustee under the Authorizing Document and the duties, powers, rights and liabilities of the Trustee in acting hereunder as Trustee shall be subject to the provisions of the Authorizing Document including, without limitation, [Authorizing Document reference] thereof.
Capacity of Trustee. It is expressly understood and agreed by the parties hereto that insofar as this Agreement is acknowledged by HSBC Bank USA, National Association (i) it is acknowledged and delivered by such party, not in its individual capacity but solely as Trustee under the Trust Agreement in the exercise of the powers and authority conferred to and vested in it thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the Trust Fund is made and intended not as personal representations, undertakings and agreements of the Trustee but is made and intended solely for the purpose of binding only the Trust Fund, and (iii) under no circumstances shall the Trustee in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement or any related document. Executed as of the day and year first above written. XXXXXX BROTHERS HOLDINGS INC., as Seller By: Name: Xxxxx Xxxxxxx Title: Authorized Signatory COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer By: Countrywide GP, Inc., its General Partner By: Name: Title: COUNTRYWIDE HOME LOANS, INC. By: Name: Title: Acknowledged: AURORA LOAN SERVICES LLC, as Master Servicer By: Name: Xxxxxxx Xxxx Title: Vice President HSBC BANK USA, NATIONAL ASSOCIATION as Trustee By: Name: Title: EXHIBIT A Modifications to the SWSA
Capacity of Trustee. It is expressly understood and agreed by the parties hereto that insofar as this Agreement is acknowledged by HSBC Bank USA, National Association (i) it is acknowledged and delivered by such party, not in its individual capacity but solely as Trustee under the Trust Agreement in the exercise of the powers and authority conferred to and vested in it thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the Trust Fund is made and intended not as personal representations, undertakings and agreements of the Trustee but is made and intended solely for the purpose of binding only the Trust Fund, and (iii) under no circumstances shall the Trustee in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement or any related document. 10.
Capacity of Trustee. It is expressly understood and agreed by the parties hereto that insofar as this Agreement is executed by U.S. Bank National Association (i) it is executed and delivered by such party, not in its individual capacity but solely as Trustee under the Trust Agreement dated as of November 1, 2007, among the Depositor, the Trustee, the Securities Administrator and any other party named therein in the exercise of the powers and authority conferred to and vested in it thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the Trust Fund is made and intended not as personal representations, undertakings and agreements of the Trustee but is made and intended solely for the purpose of binding only the Trust Fund, and (iii) under no circumstances shall the Trustee in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement or any related document.
Capacity of Trustee. XXXX LOAN AGREEMENT THIS AGREEMENT, effective as of 1/19, 1993, by and between XXXXXXX XXXXXX & CO., INC., a California corporation (the "Company"), and THE XXXXXXX XXXXXX PROFIT SHARING AND EMPLOYEE STOCK OWNERSHIP PLAN AND TRUST (the "Borrower").
Capacity of Trustee. The Xxxxxxx Xxxxxx Trust Company is executing this Agreement only in its capacity as Trustee for the Borrower and not in its individual capacity.
Capacity of Trustee. It is expressly understood and agreed by the parties hereto that (a) the Trustee accepts all right, title and interest to the Receivables, the proceeds thereof, and the other property, now existing and hereafter created, conveyed to the Trustee under this Agreement as Trustee for the benefit of the Certificateholders and, if provided in a Supplement, the Series Enhancers, and not in its individual capacity, (b) under no circumstance will the Trustee be deemed to make any representations or warranties in its individual capacity in respect of the Receivables so conveyed, (c) the Trustee shall have no obligation to expend its own funds to purchase Receivables pursuant to the terms of this Agreement, and (d) under no circumstance shall Bankers Trust Company be personally liable for the payment of any indebtedness or expenses of the Trust. [END OF ARTICLE XI]
Capacity of Trustee. {TC} The Trustee is entering into this Agreement solely in its capacity as Trustee under the Authorizing Document and the duties, powers, rights and liabilities of the Trustee in acting hereunder as Trustee shall be subject to the provisions of the Authorizing Document including, without limitation, Article X thereof.
Capacity of Trustee. (a) Subject to clause 26(b) the parties agree that [inset name of any trustee to operate Direction Account] (Trustee) is a party to this agreement only in its capacity as trustee for the [name of trust] Trust (Trust).
Capacity of Trustee. (a) The Trustee enters into this Agreement only in its capacity as trustee of the Trust and in no other capacity.
