Concerning the Delaware Trustee. Section 7.01 Section 7.02 Section 7.03 Section 7.04 Section 7.05 Section 7.06 Section 7.07
Concerning the Delaware Trustee. (a) The Delaware Trustee is appointed to serve as the trustee of the Trust in the State of Delaware for the sole purpose of satisfying the requirement pursuant to Section 3807(a) of the DSTA that the Trust have at least one trustee which has its principal place of business in the State of Delaware. The Trust shall have at least one other trustee (other than the Delaware Trustee) to perform all obligations and duties other than fulfilling the Trust’s obligations pursuant to Section 3807(a) of the DSTA.
Concerning the Delaware Trustee. Section 7.01. Acceptance of Trusts and Duties 22 Section 7.02. Furnishing of Documents 23 Section 7.03. Representations and Warranties 23 Section 7.04. Reliance; Advice of Counsel 24 Section 7.05. Not Acting in Individual Capacity 24 Section 7.06. Delaware Trustee not Liable for Trust Certificates or Financed Eligible Loans 25 Section 7.07. Delaware Trustee May Own Trust Certificates and Notes 25 Section 7.08. Additional Covenants of the Delaware Trustee 25 TABLE OF CONTENTS (continued) Page ARTICLE VIII COMPENSATION OF DELAWARE TRUSTEE Section 8.01. Delaware Trustee’s Fees and Expenses 25 Section 8.02. Indemnification 26 Section 8.03. Certificateholders To Assume Liability 26 ARTICLE IX
Concerning the Delaware Trustee. (a) The Delaware Trustee is appointed to serve as the trustee of the Company in the State of Delaware for the sole purpose of satisfying the requirement pursuant to Section 3807(a) of the Statutory Trust Act that the Company have at least one trustee which has its principal place of business in the State of Delaware. It is understood and agreed by the parties hereto that the Delaware Trustee shall have none of the duties, obligations or liabilities of any other Person, including without limitation, any Trustee or the Board of Trustees. The Company shall have at least one other trustee (other than the Delaware Trustee) to perform all obligations and duties other than fulfilling the Company’s obligations pursuant to Section 3807(a) of the Statutory Trust Act.
Concerning the Delaware Trustee. 21 Section 7A.01
Concerning the Delaware Trustee. (a) No implied obligations shall be inferred from this Declaration of Trust on the part of the Delaware Trustee. The Delaware Trustee shall not be liable for the acts or omissions of the Trustee nor shall the Delaware Trustee be liable for any act or omission by it in good faith in accordance with the directions of the Trustee.
Concerning the Delaware Trustee. It is expressly understood and agreed by the parties to this Trust Indenture and the Owners that (a) this Trust Indenture is executed and delivered by the Delaware Trustee not in its individual or personal capacity but solely in its capacity as Delaware Trustee under the Trust Agreement on behalf of the Issuer, in the exercise of the powers and authority conferred and vested in it as Delaware Trustee under the Trust Agreement, subject to the protections, indemnities and limitations from liability afforded to the Delaware Trustee thereunder; (b) in no event shall Wilmington Trust, in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the Pledged Assets of the Issuer; (c) nothing contained herein shall be construed as creating any liability on Wilmington Trust, individually or personally, to perform any expressed or implied covenant, duty or obligation of any kind whatsoever contained herein; and (d) under no circumstances shall Wilmington Trust be personally liable for the payment of any fees, costs, indebtedness or expenses of any kind whatsoever or be personally liable for the breach or failure of any obligation, representation, agreement, warranty or covenant whatsoever made or undertaken by the Delaware Trustee or Issuer hereunder.
Concerning the Delaware Trustee. Section 7.01. Acceptance of Trusts and Duties 22 Section 7.02. Furnishing of Documents 23 Section 7.03. Representations and Warranties 23 Section 7.04. Reliance; Advice of Counsel 24 Section 7.05. Not Acting in Individual Capacity 24 Section 7.06. Delaware Trustee not Liable for Trust Certificates or Financed Eligible Loans 24 Section 7.07. Delaware Trustee May Own Trust Certificates and Notes 25 Section 7.08. Additional Covenants of the Delaware Trustee 25 TABLE OF CONTENTS (continued) Page ARTICLE VIII COMPENSATION OF DELAWARE TRUSTEE Section 8.01. Delaware Trustee’s Fees and Expenses 25 Section 8.02. Indemnification 25 Section 8.03. Certificateholders To Assume Liability 26 ARTICLE IX TERMINATION OF TRUST AGREEMENT Section 9.01. Termination of Trust Agreement 26 Section 9.02. Failure to Surrender Certificates Upon Termination 27 ARTICLE X SUCCESSOR DELAWARE TRUSTEES AND ADDITIONAL DELAWARE TRUSTEES Section 10.01. Eligibility Requirements for Delaware Trustee 27 Section 10.02. Resignation or Removal of Delaware Trustee 28 Section 10.03. Successor Delaware Trustee 29 Section 10.04. Merger or Consolidation of Delaware Trustee 29 Section 10.05. Appointment of Co-Delaware Trustee or Separate Delaware Trustee 29 ARTICLE XI MISCELLANEOUS Section 11.01. Supplements and Amendments 31 Section 11.02. No Legal Title to Trust Estate in Certificateholders 32 Section 11.03. Limitations on Rights of Others 32 Section 11.04. Notices 32 Section 11.05. Severability 32 Section 11.06. Separate Counterparts 32 Section 11.07. Successors And Assigns 33 Section 11.08. No Petition 33 Section 11.09. No Recourse 33 Section 11.10. Headings 33 Section 11.11. Governing Law 33 Section 11.12. Filings with Governmental Authorities 33 TABLE OF CONTENTS (continued) Page EXHIBIT A FORM OF TRUST CERTIFICATE EXHIBIT B FORM OF PURCHASER’S REPRESENTATION AND WARRANTY LETTER EXHIBIT C FORM OF CERTIFICATE OF TRUST ANNEX A SECURITIZATION COOPERATION ANNEX AMENDED AND RESTATED TRUST AGREEMENT AMENDED AND RESTATED TRUST AGREEMENT dated as of May 25, 2006 (this “Trust Agreement”), between WILMINGTON TRUST COMPANY, a Delaware banking corporation, acting hereunder not in its individual capacity but solely as Delaware trustee (the “Delaware Trustee”), and GOAL CAPITAL FUNDING, LLC, a Delaware limited liability company (the “Depositor”).
Concerning the Delaware Trustee. 23 SECTION 7.01. Acceptance of Trusts and Duties .......................................................... 24 SECTION 7.02. Furnishing of Documents ...................................................................... 25
