Common use of Liability of the Collateral Custodian Clause in Contracts

Liability of the Collateral Custodian. (a) The Collateral Custodian shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Collateral Custodian in such capacity herein. No implied covenants or obligations shall be read into this Agreement against the Collateral Custodian and, in the absence of bad faith on the part of the Collateral Custodian, the Collateral Custodian may conclusively rely upon the truth of the statements and the correctness of the opinions expressed in any reports, certificates or opinions furnished to the Collateral Custodian pursuant to and conforming to the requirements of this Agreement.

Appears in 24 contracts

Samples: Collateral Custodian Agreement (Carvana Auto Receivables Trust 2022-P3), Collateral Custodian Agreement (Carvana Auto Receivables Trust 2022-P3), Collateral Custodian Agreement (Carvana Auto Receivables Trust 2022-P2)

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Liability of the Collateral Custodian. (a) The Collateral Custodian shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Collateral Custodian in such capacity herein. No implied covenants or obligations shall be read into this Agreement against the Collateral Custodian and, in the absence of bad faith on the part of the Collateral Custodian, the Collateral Custodian may conclusively rely upon on the truth of the statements and the correctness of the opinions expressed in any reports, certificates or opinions furnished to the Collateral Custodian pursuant to and conforming to the requirements of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.), Loan and Security Agreement (DT Acceptance Corp)

Liability of the Collateral Custodian. (a) The Collateral Custodian shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Collateral Custodian in such capacity herein. No implied covenants or obligations shall be read into this Agreement against the Collateral Custodian and, in the absence of bad faith on the part of the Collateral Custodian, the Collateral Custodian may conclusively rely upon on the truth of the statements and the correctness of the opinions expressed in any reports, certificates or opinions furnished to the Collateral Custodian pursuant to and conforming to the requirements of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (DT Acceptance Corp)

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Liability of the Collateral Custodian. (a) The Collateral Custodian shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Collateral Custodian in such capacity herein. No implied covenants or obligations shall be read into this Agreement against the Collateral Custodian and, in the absence of gross negligence, willful misconduct or bad faith on the part of the Collateral Custodian, the Collateral Custodian may conclusively rely upon on the truth of the statements and the correctness of the opinions expressed in any reports, certificates or opinions furnished to the Collateral Custodian pursuant to and conforming to the requirements of this Agreement.

Appears in 1 contract

Samples: Warehouse Agreement (Flagship Credit Corp.)

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