Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Holder, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respects. The Holder shall not have any personal liability for any liability or obligation of the Trust.
Appears in 150 contracts
Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2023-2), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2023-2), Trust Agreement (AmeriCredit Automobile Receivables Trust 2023-1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Holder, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed shall file the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respectsState. The Holder shall not have any personal liability for any liability or obligation of the Trust.
Appears in 38 contracts
Samples: Trust Agreement (Americredit Automobile Receivables Trust 2003-a-M), Trust Agreement (AFS SenSub Corp.), Trust Agreement (AmeriCredit Automobile Receivables Trust 2004-1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Holding Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Holder, subject to the obligations of the Holding Trust under the Basic Documents. It is the intention of the parties hereto that the Holding Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Holding Trust. The Owner Trustee has filed the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respects. The Holder shall not have any personal liability for any liability or obligation of the Holding Trust.
Appears in 34 contracts
Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-2), Trust Agreement (Exeter Automobile Receivables Trust 2024-2), Trust Agreement (Exeter Automobile Receivables Trust 2024-1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the HolderHolders, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respects. The Holder Holders shall not have any personal liability for any liability or obligation of the Trust.
Appears in 34 contracts
Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-2), Trust Agreement (Exeter Automobile Receivables Trust 2024-2), Trust Agreement (Exeter Automobile Receivables Trust 2024-1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the HolderTrust Certificateholders, subject to the obligations of the Securitization Trust under the Basic Program Documents. It is the intention of the parties hereto that the Securitization Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers authority and duties authorization set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respects. The Holder shall not have any personal liability for any liability or obligation of the Securitization Trust.
Appears in 26 contracts
Samples: Trust Agreement (GM Financial Automobile Leasing Trust 2024-2), Trust Agreement (GM Financial Automobile Leasing Trust 2024-2), Trust Agreement (GM Financial Automobile Leasing Trust 2024-1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Holder, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory business trust under the Statutory Business Trust Statute and that this Agreement constitute the governing instrument of such statutory business trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Business Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed shall file the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respectsState. The Holder shall not have any personal liability for any liability or obligation of the Trust.
Appears in 14 contracts
Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the HolderHolders, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall will have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respects. The Holder shall not have any personal liability for any liability or obligation of the TrustState.
Appears in 9 contracts
Samples: Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Holder, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed or caused to be filed the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respects. The Holder shall not have any personal liability for any liability or obligation of the Trust.
Appears in 8 contracts
Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-1), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-1), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2023-4)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Holder, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed the Certificate of Trust has been filed with the Secretary of State and such filing is hereby ratified in all respects. The Holder shall not have any personal liability for any liability or obligation of the Trust.
Appears in 6 contracts
Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3), Trust Agreement (AmeriCredit Automobile Receivables Trust 2024-1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate for the use and benefit of the Certificateholders in trust upon and subject to the conditions set forth herein for the use and benefit of the Holderherein, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute Act and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute Act with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed shall file the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respectsState. The Holder No Certificateholder shall not have any personal liability for any liability or obligation of the Trust.
Appears in 6 contracts
Samples: Trust Agreement (Long Beach Acceptance Receivables Corp. II), Trust Agreement (Long Beach Acceptance Auto Receivables Trust 2005-B), Trust Agreement (Long Beach Acceptance Corp)
Declaration of Trust. The Owner Trustee hereby declares -------------------- that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Holder, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory business trust under the Statutory Business Trust Statute and that this Agreement constitute the governing instrument of such statutory business trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Business Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed shall file the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respectsState. The Holder shall not have any personal liability for any liability or obligation of the Trust.
Appears in 6 contracts
Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)
Declaration of Trust. The Owner Trustee hereby declares that it will shall hold the Owner Trust Estate in trust upon and subject to the conditions and obligations set forth herein and in the Trust Sale and Servicing Agreement for the use and benefit of the HolderCertificate Owners, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and Statute, that this Agreement constitute the governing instrument of such statutory trusttrust and that the Certificates represent the equity interests therein. The rights of the Certificateholders shall be determined as set forth herein and in the Statutory Trust Statute and the relationship between the parties created by this Agreement shall not constitute indebtedness. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein in this Agreement, the Trust Sale and to the extent not inconsistent herewith, in Servicing Agreement and the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed agrees to file the Certificate certificate required under § 3810 et seq. of the Statutory Trust Statute in connection with the Secretary of State and such filing is hereby ratified in all respects. The Holder shall not have any personal liability for any liability or obligation formation of the TrustTrust as a statutory trust under the Statutory Trust Statute.
Appears in 5 contracts
Samples: Trust Agreement (Superior Wholesale Inventory Financing Trust Xi), Trust Agreement (Wholesale Auto Receivables Corp), Trust Agreement (Superior Wholesale Inventory Financing Trust 2007-Ae-1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the HolderHolders, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed the Certificate of Trust has been filed with the Secretary of State and such filing is hereby ratified in all respects. The Holder Holders shall not have any personal liability for any liability or obligation of the Trust.
Appears in 4 contracts
Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-4), Trust Agreement (Exeter Automobile Receivables Trust 2024-4), Trust Agreement (Exeter Automobile Receivables Trust 2024-3)
Declaration of Trust. The Owner Trustee hereby -------------------- declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Holder, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory business trust under the Statutory Business Trust Statute and that this Agreement constitute the governing instrument of such statutory business trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Business Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed shall file the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respectsState. The Holder shall not have any personal liability for any liability or obligation of the Trust.
Appears in 4 contracts
Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate for the use and benefit of the Certificateholder in trust upon and subject to the conditions set forth herein for the use and benefit of the Holderherein, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute Act and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute Act with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed shall file the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respectsState. The Holder Certificateholder shall not have any personal liability for any liability or obligation of the Trust.
Appears in 4 contracts
Samples: Trust Agreement (Long Beach Acceptance Auto Receivables Trust 2005-A), Trust Agreement (Long Beach Acceptance Corp), Trust Agreement (Long Beach Acceptance Receivables Corp.)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the HolderCertificateholder, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory business trust under the Statutory Business Trust Statute and that this Agreement constitute the governing instrument of such statutory business trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Business Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed shall file the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respectsState. The Holder Certificateholder shall not have any personal liability for any liability or obligation of the Trust.
Appears in 4 contracts
Samples: Trust Agreement (Long Beach Acceptance Receivables Corp.), Trust Agreement (Triad Financial Corp), Trust Agreement (Long Beach Acceptance Corp)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Holding Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Holder, subject to the obligations of the Holding Trust under the Basic Documents. It is the intention of the parties hereto that the Holding Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Holding Trust. The Owner Trustee has filed the Certificate of Trust has been filed with the Secretary of State and such filing is hereby ratified in all respects. The Holder shall not have any personal liability for any liability or obligation of the Holding Trust.
Appears in 4 contracts
Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-4), Trust Agreement (Exeter Automobile Receivables Trust 2024-4), Trust Agreement (Exeter Automobile Receivables Trust 2024-3)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the HolderHolder[s], subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respects. The Holder Holder[s] shall not have any personal liability for any liability or obligation of the Trust.
Appears in 2 contracts
Samples: Trust Agreement (Afs Sensub Corp.), Trust Agreement (Afs Sensub Corp.)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Issuer Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the HolderIndenture Trustee and the Noteholders, subject to the obligations of the Trust under the Basic Transaction Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties authority set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed shall file the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respectsState. The Holder Neither the Certificateholder or the Owner Trustee shall not have any personal liability for any liability or obligation of the Trust.
Appears in 2 contracts
Samples: Trust Agreement (Bay View Capital Corp), Trust Agreement (Bay View Capital Corp)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Holder, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereofCutoff Date, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respects. The Holder shall not have any personal liability for any liability or obligation of the Trust.
Appears in 2 contracts
Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2019-1), Trust Agreement (AmeriCredit Automobile Receivables Trust 2019-1)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Holder, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall will have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respectsState. The Holder shall will not have any personal liability for any liability or obligation of the Trust.
Appears in 1 contract
Samples: Trust Agreement (Triad Automobile Receivables Trust 2004-A)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate for the use and benefit of the Certificateholders in trust upon and subject to the conditions set forth herein for the use and benefit of the Holderherein, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute Act and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute Act with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed shall file the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respectsState. The Holder No Certificateholder shall not have any personal liability for any liability or obligation of the Trust. SECTION 2.7.
Appears in 1 contract
Samples: Trust Agreement
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Holder, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall will have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed will file the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respectsState. The Holder shall will not have any personal liability for any liability or obligation of the Trust.
Appears in 1 contract
Samples: Trust Agreement (Triad Automobile Receivables Trust 2003-B)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the HolderHolder[s], subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed or caused to be filed the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respects. The Holder Holder[s] shall not have any personal liability for any liability or obligation of the Trust.
Appears in 1 contract
Samples: Trust Agreement (Afs Sensub Corp.)
Declaration of Trust. The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the HolderCertificateholder, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Statute Act and that this Agreement constitute the governing instrument of such statutory trust. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and to the extent not inconsistent herewith, in the Statutory Trust Statute Act with respect to accomplishing the purposes of the Trust. The Owner Trustee has filed shall file the Certificate of Trust with the Secretary of State and such filing is hereby ratified in all respectsState. The Holder Certificateholder shall not have any personal liability for any liability or obligation of the Trust.
Appears in 1 contract