Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic Documents. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets upon the terms of this Agreement and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasance, bad faith, fraud or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacity. In particular, but not by way of limitation:
Appears in 47 contracts
Samples: Trust Agreement, Trust Agreement, Trust Agreement
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic Documents. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets upon the terms of this Agreement and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasance, bad faith, fraud or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacity. In particular, but not by way of limitation:
Appears in 34 contracts
Samples: Trust Agreement, Trust Agreement, Trust Agreement
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsDocuments to which the Issuing Entity or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation, and subject to the exceptions set forth in the preceding sentence:
Appears in 28 contracts
Samples: Trust Agreement (Nissan Auto Lease Trust 2015-B), Trust Agreement (Nissan Auto Lease Trust 2015-B), Trust Agreement (Nissan Auto Lease Trust 2015-A)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement to which the Trust or Owner Trustee is a party and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 7.3 expressly made by the Owner Trustee Trustee, in its individual capacity. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 27 contracts
Samples: Trust Agreement (Mmca Auto Owner Trust 2001-1), Trust Agreement (Mmca Auto Owner Trust 2001-1), Trust Agreement (Mmca Auto Receivables Inc)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement and the other Basic Documents. The Documents to which the Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets upon the terms of this Agreement and the other Basic Documentsis a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 6.9 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 27 contracts
Samples: Trust Agreement (USAA Auto Owner Trust 2007-2), Trust Agreement (USAA Auto Owner Trust 2007-1), Trust Agreement (Bear Stearns Asset Backed Funding Inc)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsDocuments to which the Issuing Entity or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitationaddition:
Appears in 26 contracts
Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Lease Trust 2022-A), Trust Agreement (Nissan Auto Lease Trust 2022-A)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic Documents. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets Estate upon the terms of this Agreement and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasance, bad faith, fraud or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacity. In particular, but not by way of limitation:
Appears in 13 contracts
Samples: And Restated Trust Agreement, Trust Agreement, Trust Agreement
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic Documents. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets Estate upon the terms of this Agreement and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasance, bad faith, fraud or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacity. In particular, but not by way of limitation:
Appears in 13 contracts
Samples: Trust Agreement, And Restated Trust Agreement, Trust Agreement
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsDocuments to which the Issuer or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or gross negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly 7.04 made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation, and subject to the exceptions set forth in the preceding sentence:
Appears in 8 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2022-1), Trust Agreement (BMW Vehicle Lease Trust 2022-1), Trust Agreement (Financial Services Vehicle Trust)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsDocuments to which the Issuer or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or gross negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly 7.04 made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation, and subject to the exceptions set forth in the preceding sentence:
Appears in 6 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2024-1), Trust Agreement (BMW Vehicle Lease Trust 2024-1), Trust Agreement (BMW Vehicle Lease Trust 2023-2)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic DocumentsTrust Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets Estate upon the terms of this Trust Agreement and the other Basic Transaction Documents. The Owner Trustee shall not be personally answerable or accountable hereunder or under any other Basic Transaction Document under any circumstances, except to the Trust and the Certificateholders (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or gross negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 6 contracts
Samples: Trust Agreement (Hercules Capital, Inc.), Trust Agreement (Hercules Capital, Inc.), Trust Agreement (Hercules Technology Growth Capital Inc)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsDocuments to which the Issuing Entity or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitationaddition:
Appears in 6 contracts
Samples: Trust Agreement (Nissan Auto Lease Trust 2024-B), Trust Agreement (Nissan Auto Lease Trust 2024-B), Trust Agreement (Nissan Auto Lease Trust 2023-B)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement to which the Trust or Owner Trustee is a party and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 7.3 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 6 contracts
Samples: Trust Agreement (Ford Motor Credit Co), Trust Agreement (Mmca Auto Receivables Inc), Trust Agreement (Ford Credit Auto Receivables Two L P)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic Transaction Documents. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Owner Trust Assets Estate upon the terms of the Transaction Documents and this Agreement and the other Basic DocumentsAgreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Transaction Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or gross negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 7.3 below expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 5 contracts
Samples: Trust Agreement (HSBC Home Equity Loan Trust (USA) 2006-2), Trust Agreement (HSBC Home Equity Loan Corp I), Trust Agreement (HSBC Home Equity Loan Trust (USA) 2006-1)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all monies actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement and the other Basic Documents. The Documents to which the Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets upon the terms of this Agreement and the other Basic Documentsis a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacity7.3. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 4 contracts
Samples: Trust Agreement (Ford Credit Auto Receivables Two LLC), Trust Agreement (Ford Credit Auto Receivables Two LLC), Trust Agreement (Ford Credit Auto Receivables Two LLC)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsDocuments to which the Trust or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation, and subject to the exceptions set forth in the preceding sentence:
Appears in 4 contracts
Samples: Trust Agreement (Nissan Auto Lease Trust 2004-A), Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Lease Trust 2003-A)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic Transaction Documents. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Owner Trust Assets Estate upon the terms of the Transaction Documents and this Agreement and the other Basic DocumentsAgreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Transaction Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 7.3 below expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 4 contracts
Samples: Trust Agreement (Household Mortgage Funding Corp Iii), Trust Agreement (Fleet Home Equity Loan Corp), Trust Agreement (HFC Revolving Corp)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic Transaction Documents. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Owner Trust Assets Estate upon the terms of the Transaction Documents and this Agreement and the other Basic DocumentsAgreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Transaction Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 8.3 below expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 4 contracts
Samples: Trust Agreement (Chec Funding LLC), Trust Agreement (Renaissance Mortgage Acceptance Corp), Trust Agreement (Renaissance Mortgage Acceptance Corp)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsDocuments to which the Issuer or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation, and subject to the exceptions set forth in the preceding sentence:
Appears in 4 contracts
Samples: Trust Agreement (Ryder Truck Rental Lt), Trust Agreement (BMW Auto Leasing LLC), Trust Agreement (Ryder Truck Rental I Lp)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic Documents. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets Estate upon the terms of the Basic Documents and this Agreement and the other Basic DocumentsAgreement. The Owner Trustee Trustee, in its capacity as Owner Trustee, shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, negligence or bad faith, fraud or negligence faith or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacity. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 3 contracts
Samples: Deposit Trust Agreement (Banccap Asset Securization Issuance Corp), Deposit Trust Agreement (Aegis Asset Backed Securities Corp), Trust Agreement (Finance America Securities LLC)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsTrust 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 Assets Estate upon the terms of the Basic Documents and this Agreement and the other Basic DocumentsTrust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, gross negligence or bad faith, fraud or negligence faith or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 6.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 3 contracts
Samples: Trust Agreement (Home Equity Mortgage Trust 2007-1), Trust Agreement (Home Equity Mortgage Trust 2006-2), Trust Agreement (CSFB Home Equity Mortgage Trust 2005-Hf1)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx trust hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsTrust 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 Assets Estate upon the terms of the Basic Documents and this Agreement and the other Basic DocumentsTrust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, negligence or bad faith, fraud or negligence faith or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 3 contracts
Samples: Trust Agreement (Household Consumer Loan Trust 1997-1), Trust Agreement (Household Consumer Loan Trust 1997-2), Trust Agreement (Household Consumer Loan Trust 1997-2)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic Documentseach Supplement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the any Series Owner Trust Assets Estate upon the terms of this Agreement and the other related Supplement and Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other the related Supplement and the related Basic Document under any circumstances, except (i) for its own willful misfeasance, bad faith, fraud misconduct or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 2 contracts
Samples: Trust Agreement (Daimlerchrysler Services North America LLC), Trust Agreement (Daimlerchrysler Services North America LLC)
Acceptance of Trusts and Duties. The Owner Trustee accepts ------------------------------- the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Owner Trust Assets Estate upon the terms of the Basic Documents and this Agreement and the other Basic DocumentsAgreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasance[malfeasance, bad faith, fraud faith or gross] negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 2 contracts
Samples: Trust Agreement (Indymac Abs Inc), Trust Agreement (First Horizon Asset Securities Inc)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx created hereby continued and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of set forth in this Agreement and the other 201[__]-[__] Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other 201[__]-[__] Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 2 contracts
Samples: Trust Agreement (Daimler Trust), Trust Agreement (Daimler Trust)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all monies actually received by it constituting part of the Trust Property upon the terms of this Agreement and the other Basic Documents. The Documents to which the Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets upon the terms of this Agreement and the other Basic Documentsis a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 6.9 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 2 contracts
Samples: Trust Agreement (Usaa Acceptance LLC), Trust Agreement (USAA Auto Owner Trust 2008-1)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic Documents. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsDocuments and this Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasance, bad faith, fraud breach or misconduct or gross negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacity. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 2 contracts
Samples: Trust Agreement (Morgan Stanley Abs Capital I Inc), Trust Agreement (American Business Financial Services Inc /De/)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsTrust 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 Assets Estate upon the terms of the Basic Documents and this Agreement and the other Basic DocumentsTrust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, negligence or bad faith, fraud or negligence faith or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 6.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 2 contracts
Samples: Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-C), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-B)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx created hereby continued and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of set forth in this Agreement and the other 2016-A Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other 2016-A Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2016-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2016-A)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsDocuments to which the Issuing Entity or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:addition: 19 (NALT 2024-A Second Amended and Restated Trust Agreement)
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Lease Trust 2024-A), Trust Agreement (Nissan Auto Lease Trust 2024-A)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx created hereby continued and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of set forth in this Agreement and the other 2018-A Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other 2018-A Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 2 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2018-A), Trust Agreement (Mercedes-Benz Auto Lease Trust 2018-A)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all monies actually received by it constituting part of the Trust Property upon the terms of this Agreement and the other Basic Documents. The Documents to which the Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets upon the terms of this Agreement and the other Basic Documentsis a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacity7.3. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 2 contracts
Samples: Trust Agreement (Ford Credit Auto Owner Trust 2005-B), Trust Agreement (Ford Credit Auto Owner Trust 2004-A)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsDocuments to which the Issuing Entity or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:, and subject to the exceptions set forth in the preceding sentence: (NALT 2013-B Amended and Restated Trust Agreement)
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Leasing LLC Ii)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Transaction Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or gross negligence in the performance of its duties or the omission to perform any such duties or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 6.03 expressly made by the Owner Trustee in its individual capacity. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 2 contracts
Samples: Trust Agreement (Nordstrom Credit Inc), Note Purchase Agreement (Bon Ton Stores Inc)
Acceptance of Trusts and Duties. The Owner Trustee ------------------------------- accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Owner Trust Assets Estate upon the terms of the Basic Documents and this Agreement and the other Basic DocumentsAgreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasance(malfeasance, bad faith, fraud faith or gross) negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 2 contracts
Samples: Trust Agreement (Indymac Abs Inc), Trust Agreement (Provident Bank)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsOwner 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 Assets Estate upon the terms of the Basic Documents and this Agreement and the other Basic DocumentsOwner Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, negligence or bad faith, fraud or negligence faith or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 6.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Samples: Owner Trust Agreement (Credit Suisse First Boston Mor Ac Corp CSFB Abs Tr 2002 Hi23)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic Documents. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets Estate upon the terms of this Agreement and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, gross negligence or bad faith, fraud or negligence faith or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacity. In particular, but not by way of limitation:
Appears in 1 contract
Samples: Trust Agreement
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets Estate upon the terms of the Basic Documents and this Agreement and the other Basic DocumentsAgreement. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except except: (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or gross negligence (or ordinary negligence in the handling of funds) or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 7.3 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Acceptance of Trusts and Duties. The Owner Trustee accepts ------------------------------- the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsDocuments to which the Issuer or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation, and subject to the exceptions set forth in the preceding sentence:
Appears in 1 contract
Acceptance of Trusts and Duties. The Owner Trustee accepts ------------------------------- the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsTrust Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this the Trust Agreement and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or gross negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic DocumentsTrust Agreement. The Owner Trustee and the Certificate Paying Agent also agrees agree to disburse all moneys actually received by it constituting part of the Trust Assets Estate upon the terms of this Trust Agreement and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, negligence or bad faith, fraud faith or negligence negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 6.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Samples: Trust Agreement (Wachovia Asset Sec Inc Asst Back Notes Ser 2002 He1)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets Estate upon the terms of this Agreement and the other Basic Transaction Documents. The Owner Trustee shall not be personally answerable or accountable hereunder or under any other Basic Transaction Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence in the performance of its duties or the omission to perform any such duties or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 6.3 expressly made by the Owner Trustee in its individual capacity. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsDocuments to which the Trust or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by by' the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation, and subject to the exceptions set forth in the preceding sentence:
Appears in 1 contract
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement and the other Basic DocumentsDocuments to which the Trust or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by by’ the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation, and subject to the exceptions set forth in the preceding sentence:
Appears in 1 contract
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets Estate upon the terms of this Agreement and the other Basic Transaction Documents. The Owner Trustee shall not be personally answerable or accountable hereunder or under any other Basic Transaction Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or gross negligence in the performance of its duties or the omission to perform any such duties or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 6.3 expressly made by the Owner Trustee in its individual capacity. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all monies actually received by it constituting part of the Trust Property upon the terms of this Agreement and the other Basic Documents. The Documents to which the Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets upon the terms of this Agreement and the other Basic Documentsis a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacity6.3. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Samples: Trust Agreement (Ford Credit Auto Owner Trust 2005-C)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, trusts but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement to which the Trust or Owner Trustee is a party and the other Basic Transaction Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Transaction Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 7.3 expressly made by the Owner Trustee Trustee, in its individual capacity. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets Estate upon the terms of this Agreement and the other Basic Transaction Documents. The Owner Trustee shall not be personally answerable or accountable hereunder or under any other Basic Transaction Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or gross negligence in the performance of its duties or the omission to perform any such duties or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 6.03 expressly made by the Owner Trustee in its individual capacity. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Samples: Trust Agreement (First Bankcard Master Credit Card Trust)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic DocumentsTrust Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets Estate upon the terms of this Trust Agreement and the other Basic Transaction Documents. The Owner Trustee shall not be personally answerable or accountable hereunder or under any other Basic Transaction Document under any circumstances, except to the Trust and the Certificateholders (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or gross negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly ------------ made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Samples: Trust Agreement (MCG Capital Corp)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Assets Estate upon the terms of this Agreement and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasance, bad faith, fraud negligent action or negligence negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacityTrustee. In particular, but not by way of limitation:limitation (and subject to the exceptions set forth in the preceding sentence):
Appears in 1 contract
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic DocumentsAgreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets Estate upon the terms of this Agreement and the other Basic Transaction Documents. The Owner Trustee shall not be personally answerable or accountable hereunder or under any other Basic Transaction Document under any circumstances, except (i) for its own willful misfeasancemisconduct, bad faith, fraud faith or gross negligence in the performance of its duties or the omission to perform any such duties or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 6.03 expressly made by the Owner Trustee in its individual capacity. In particular, but not by way of limitation:
Appears in 1 contract
Samples: Trust Agreement (Compucredit Corp)
Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts xxxxxx hereby created and agrees to perform its express duties hereunder with respect to such trusts, but only upon the terms of this Agreement and the other Basic Documents. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Assets Estate upon the terms of this Agreement and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misfeasancemisconduct, gross negligence or bad faith, fraud or negligence faith or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee in its individual capacity. In particular, but not by way of limitation:
Appears in 1 contract
Samples: Trust Agreement