Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title:...
Concerning the Owner Trustees
