Common use of Liability of the Certificateholders Clause in Contracts

Liability of the Certificateholders. (a) The Depositor shall be liable directly to and will indemnify the injured party for all losses, claims, damages, liabilities and expenses of the Trust (including Expenses, to the extent not paid out of the Trust Estate) to the extent that the Depositor would be liable if the Trust were a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Depositor were a general partner; provided, however, that the Depositor shall not be liable for any losses incurred by a holder of the Trust Certificates or a Certificate Owner in the capacity of an investor in the Trust Certificates or a holder of the Notes or a Note Owner in the capacity of an investor in the Notes. In addition, any third party creditors of the Trust (other than in connection with the obligations described in the preceding sentence for which the Depositor shall not be liable) shall be deemed third party beneficiaries of this paragraph. The obligations of the Depositor under this paragraph shall be evidenced by the Trust Certificates described in Section 3.10, which shall be deemed to be separate classes of Trust Certificates from all other Trust Certificates issued by the Trust; provided that the rights and obligations evidenced by all Trust Certificates, regardless of class, except as provided in this Section, shall be identical.

Liability of the Certificateholders. (a) The Depositor shall be liable directly to and will indemnify the injured party for all losses, claims, damages, liabilities and expenses of the Trust (including Expenses, to the extent not paid out of the Trust Estate) to the extent that the Depositor would be liable if the Trust were a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Depositor were a general partner; providedPROVIDED, howeverHOWEVER, that the Depositor shall not be liable for any losses incurred by a holder of the Trust Certificates or a Certificate Owner in the capacity of an investor in the Trust Certificates or a holder of the Notes or a Note Owner in the capacity of an investor in the Notes. In addition, any third party creditors of the Trust (other than in connection with the obligations described in the preceding sentence for which the Depositor shall not be liable) shall be deemed third party beneficiaries of this paragraph. The obligations of the Depositor under this paragraph shall be evidenced by the Trust Certificates described in Section 3.10, which shall be deemed to be separate classes of Trust Certificates from all other Trust Certificates issued by the Trust; provided PROVIDED that the rights and obligations evidenced by all Trust Certificates, regardless of class, except as provided in this Section, shall be identical.

Liability of the Certificateholders. (a) The Depositor shall be liable directly to and will indemnify the injured party for all losses, claims, damages, liabilities and expenses of the Trust (including Expenses, to the extent not paid out of the Trust Estate) to the extent that the Depositor would be liable if the Trust were a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Depositor were a general partner; providedPROVIDED, howeverHOWEVER, that the Depositor shall not be liable for any losses incurred by a holder of the Trust Certificates Certificateholder or a Certificate Owner in the capacity of an investor in the Trust Certificates or a holder of the Notes Noteholder or a Note Owner in the capacity of an investor in the Notes. In addition, any third party creditors of the Trust (other than in connection with the obligations described in the preceding sentence for which the Depositor shall not be liable) shall be deemed third party beneficiaries of this paragraph. The obligations of the Depositor under this paragraph shall be evidenced by the Trust Certificates Excess Distribution Certificate described in Section 3.10, which shall be deemed to be a separate classes class of Trust Certificates certificates from all other Trust Certificates issued by the Trust; provided that the rights and obligations evidenced by all Trust Certificates, regardless of class, except as provided in this Section, shall be identical.

Liability of the Certificateholders. (a) The Depositor shall be liable directly to and will indemnify the injured party for all losses, claims, damages, liabilities and expenses of the Trust (including Expenses, to the extent not paid out of the Trust Estate) to the extent that the Depositor would be liable if the Trust were a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Depositor were a general partner; providedPROVIDED, howeverHOWEVER, that the Depositor shall not be liable for any losses incurred by a holder of the Trust Certificates or a Certificate Owner in the capacity of an investor in the Trust Certificates or a holder of the Notes or a Note Owner in the capacity of an investor in the Notes. In addition, any third party creditors of the Trust (other than in connection with the obligations described in the preceding sentence for which the Depositor shall not be liable) shall be deemed third party beneficiaries of this paragraph. The obligations of the Depositor under this paragraph shall be evidenced by the uncertificated residual interest in the Trust Certificates described in Section 3.10owned by the Depositor, which shall be be, and hereby is, deemed to be separate classes a class of uncertificated Trust Certificates separate from all other Trust Certificates issued by the Trust; provided PROVIDED that the rights and obligations evidenced by all Trust Certificates, regardless of class, except as provided in this Section, shall be identical.

Liability of the Certificateholders. (a) The Depositor Company ----------------------------------- shall be liable directly to and will indemnify the injured party for all losses, claims, damages, liabilities and expenses of the Trust (including Expenses, to the extent not paid out of the Trust Estate) to the extent that the Depositor Company would be liable if the Trust were a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Depositor Company were a general partner; provided, however, that the Depositor Company shall not be liable for any losses incurred -------- ------- by a holder of the Trust Certificates Certificateholder or a Certificate Owner in the capacity of an investor in the Trust Certificates or a holder of the Notes Noteholder or a Note Owner in the capacity of an investor in the Notes. In addition, any third party creditors of the Trust (other than in connection with the obligations described in the preceding sentence for which the Depositor Company shall not be liable) shall be deemed third party beneficiaries of this paragraph. The obligations of the Depositor Company under this paragraph shall be evidenced by the Trust Certificates described in Section 3.10, which shall be deemed to be a separate classes class of Trust Certificates from all other Trust Certificates issued by the Trust; provided that the rights and obligations evidenced by all -------- Trust Certificates, regardless of class, except as provided in this Section, shall be identical.

Liability of the Certificateholders. (a) The Depositor shall be liable directly to to, and will indemnify the indemnify, any injured party for all losses, claims, damages, liabilities and expenses of the Trust (including Expenses, to the extent not paid out of the Trust Estate) to the extent that the Depositor would be liable if the Trust were a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Depositor were a general partner; provided, however, that the Depositor shall not be liable for any losses incurred by a holder of the Trust Certificates or a Certificate Owner Certificateholder in the capacity of an investor in the Trust Certificates or Certificates, a holder of the Notes or a Note Owner Class B Noteholder in the capacity of an investor in the Class B Notes or an Indenture Noteholder in the capacity of an investor in the Indenture Notes. In addition, any third party creditors of the Trust (other than in connection with the obligations described in the preceding sentence for which the Depositor shall not be liable) shall be deemed third party beneficiaries of this paragraph. The obligations of the Depositor under this paragraph shall be evidenced by the Trust Certificates described in Section 3.10, which for purposes of the Trust Statute shall be deemed to be a separate classes class of Trust Certificates from all other Trust Certificates issued by the Trust; provided provided, that the rights and obligations evidenced by all Trust Certificates, regardless of class, except as provided in this Section, shall be identical.

Liability of the Certificateholders. (a) The Depositor Company shall be liable directly to and will indemnify the injured party for all losses, claims, damages, liabilities and expenses of the Trust (including Expenses, to the extent not paid out of the Trust Estate) to the extent that the Depositor Company would be liable if the Trust were a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Depositor Company were a general partner; provided, however, that the Depositor Company shall not be liable for any losses incurred by a holder of the Trust Certificates Certificateholder or a Certificate Owner in the capacity of an investor in the Trust Certificates or a holder of the Notes Noteholder or a Note Owner in the capacity of an investor in the Notes. In addition, any third party creditors of the Trust (other than in connection with the obligations described in the preceding sentence for which the Depositor Company shall not be liable) shall be deemed third party beneficiaries of this paragraph. The obligations of the Depositor Company under this paragraph shall be evidenced by the Trust Certificates described in Section 3.10, which shall be deemed to be a separate classes class of Trust Certificates from all other Trust Certificates issued by the Trust; provided that the rights and obligations evidenced by all Trust Certificates, regardless of class, except as provided in this Section, shall be identical.