Eligible Lender Trustee Clause Samples
Eligible Lender Trustee. The Eligible Lender Trustee is hereby authorized and directed to execute and deliver, not in its individual capacity, but solely as Eligible Lender Trustee on behalf of the Trust, the Remarketing Agreement, any Swap Agreements (including the Initial Currency Swap Agreements) and any required supplement, amendment or replacement thereof, and all Remarketing Agency Agreements and Supplemental Remarketing Agency Agreements as the Administrator, in writing and from time to time, shall instruct the Eligible Lender Trustee to execute. The Eligible Lender Trustee shall not be liable to any party, any third party or any Noteholder for any such actions taken at the written instruction of the Administrator. Notwithstanding the foregoing, in the event that the Eligible Lender Trustee declines or fails to execute or deliver any such document, instrument, certificate or agreement as instructed by the Administrator, the Administrator is hereby authorized, in its sole discretion, to execute and deliver, not in its individual capacity but solely as Administrator on behalf of the Trust, all such required documents, instruments, certificates and agreements. The foregoing authorization shall represent a limited power of attorney granted by the Trust to the Administrator to act on its behalf, and the Administrator shall not be liable to any party, any third party or any Noteholder for any such actions taken in good faith and in accordance with these Reset Rate Note Procedures.
1. Except as otherwise specified herein or as the context may otherwise require, capitalized terms used but not otherwise defined in this Appendix A-3 (this “Appendix”) are defined in Appendix A-1, which also contains rules as to usage that shall be applicable herein.
2. The Indenture Trustee, as Note Registrar, shall provide for the registration of the Reset Rate Notes and of Transfers and exchanges of the Reset Rate Notes pursuant to Section 2.4 of the Indenture.
3. Each class of Reset Rate Notes initially will be represented by registered notes of such class in global form and shall be issued in the manner set forth in Sections 2.1, 2.2 and 2.10 of the Indenture. Global Note Certificates representing interests in the Reset Rate Notes may be reissued and represented by Reset Rate Notes of such class in definitive form pursuant to Section 2.12 of the Indenture.
4. During any Reset Period when the Reset Rate Notes are denominated in a non-U.S. Dollar currency, any Transfer of Reset Rate Notes made in vi...
Eligible Lender Trustee. ELSC acknowledges that the Eligible Lender Trustee has entered into this Agreement solely in its capacity as Eligible Lender Trustee for the Trust and not acting in its individual capacity. The Eligible Lender Trustee has undertaken only the duties required of it under its trust agreement with the Trust. All recourse and remedies of ELSC hereunder shall be available only against the Trust and the assets of such trust estate and not against the Eligible Lender Trustee, or in its individual capacity.
Eligible Lender Trustee. (a) The parties hereto agree that the Eligible Lender Trustee shall be afforded all of the rights, immunities and privileges afforded to the Eligible Lender Trustee under the Trust Agreement in connection with its execution of this Amendment.
(b) Notwithstanding the foregoing, none of the Secured Parties shall have recourse to the assets of the Eligible Lender Trustee in its individual capacity in respect of the obligations of the Trust. The parties hereto acknowledge and agree that The Bank of New York Mellon Trust Company, National Association and any successor eligible lender trustee is entering into this Amendment solely in its capacity as Eligible Lender Trustee, and not in its individual capacity, and in no case shall The Bank of New York Mellon Trust Company, National Association (or any person acting as successor eligible lender trustee) be personally liable for or on account of any of the statements, representations, warranties, covenants or obligations stated to be those of the Trust, all such liability, if any, being expressly waived by the parties hereto, any person claiming by, through, or under any such party.
Eligible Lender Trustee. The Eligible Lender Trustee is hereby authorized and directed to execute and deliver, not in its individual capacity, but solely as Eligible Lender Trustee on behalf of the Trust, the Remarketing Agreement, any Swap Agreements and any required supplement, amendment or replacement thereof, and all Remarketing Agency Agreements and Supplemental Remarketing Agency Agreements as the Administrator, in writing and from time to time, shall instruct the Eligible Lender Trustee to execute. The Eligible Lender Trustee shall not be liable to any party, any third party or any Noteholder for any such actions taken at the written instruction of the Administrator. Notwithstanding the foregoing, in the event that the Eligible Lender Trustee declines or fails to execute or deliver any such document, instrument, certificate or agreement as instructed by the Administrator, the Administrator is hereby authorized, in its sole discretion, to execute and deliver, not in its individual capacity but solely as Administrator on behalf of the Trust, all such required documents, instruments, certificates and agreements. The foregoing authorization shall represent a limited power of attorney granted by the Trust to the Administrator to act on its behalf, and the Administrator shall not be liable to any party, any third party or any Noteholder for any such actions taken in good faith and in accordance with these Reset Rate Note Procedures.
Eligible Lender Trustee. Notwithstanding anything contained herein to the contrary, this Amendment has been signed by The Bank of New York Mellon Trust Company, National Association, not in its individual capacity but solely as Eligible Lender Trustee, and in no event shall The Bank of New York Mellon Trust Company, National Association have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust or the other parties to this Amendment or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Trust.
Eligible Lender Trustee. Counsel Opinion
Eligible Lender Trustee. The Eligible Lender Trustee (if applicable) shall have delivered to the Department such additional documents and information as the Department shall have requested to evidence that the Eligible Lender Trustee is fully authorized to transfer title to each Eligible Loan to the Custodian on behalf of the Sponsor.
Eligible Lender Trustee. COUNSEL OPINION [Opinion to be issued substantially in the form provided for SLM Student Loan Trust 2003-11]
Eligible Lender Trustee. Counsel Opinion Indenture Trustee: Counsel Opinion DELAYED DELIVERY CONTRACT
Eligible Lender Trustee. Great Lakes acknowledges that the Eligible Lender Trustee has entered into this Agreement solely in its capacity as Eligible Lender Trustee for Education Funding Capital Trust-II and not acting in its individual capacity. The representations, warranties, and covenants of the Eligible Lender Trustee herein (other than any representations, warranties and covenants relating to the Eligible Lender Trustee's authority, good standing execution of this Agreement) are made solely at the direction of Education Funding Capital Trust-II without independent investigation of the Eligible Lender Trustee, and the Eligible Lender Trustee has undertaken only the duties required of it under its trust agreement with Education Funding Capital Trust-II. All recourse and remedies of Great Lakes hereunder shall be available only against Education Funding Capital Trust-II and the assets of such trust estate and not against the Eligible Lender Trustee, or in its individual capacity.