Common use of Liability of the Depositor and the Certificateholders Clause in Contracts

Liability of the Depositor and the Certificateholders. (a) The Depositor shall be liable directly to and will 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 Owner Trust Estate) to the extent that the Depositor would be liable if the Trust was a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Depositor was a general partner; provided, however, that the Depositor shall not be liable for any losses incurred by a Certificateholder in the capacity of an investor in the Trust Certificates, or by a Noteholder 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 Section 2.07. (b) No Certificateholder, other than to the extent set forth in paragraph (a), shall have any personal liability for any liability or obligation of the Trust.

Appears in 45 contracts

Samples: Trust Agreement (World Omni Auto Receivables Trust 2021-A), Trust Agreement (World Omni Auto Receivables Trust 2021-A), Trust Agreement (World Omni Auto Receivables LLC)

AutoNDA by SimpleDocs

Liability of the Depositor and the Certificateholders. (a) The Depositor shall be liable directly to and will 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 Owner Trust Estate) to the extent that the Depositor would be liable if the Trust was a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Depositor was a general partner; provided, however, that the Depositor shall not be liable for any losses incurred by a Certificateholder in the capacity of an investor in the Trust Certificates, or by a Noteholder in the capacity of an investor in the Notes. In addition, any third 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 third-party beneficiaries of this Section 2.07. (b) No Certificateholder, other than to the extent set forth in paragraph (a), shall have any personal liability for any liability or obligation of the Trust.

Appears in 34 contracts

Samples: Trust Agreement (World Omni Auto Receivables LLC), Trust Agreement (World Omni Auto Receivables Trust 2024-C), Trust Agreement (World Omni Auto Receivables Trust 2024-C)

Liability of the Depositor and the Certificateholders. (a) The Depositor shall be liable directly to and will 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 Owner Trust Estate) to the extent that the Depositor would be liable if the Trust was were a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Depositor was were a general partner; provided, however, that the Depositor shall not be liable for any losses incurred by a Certificateholder in the capacity of an investor in the Trust Certificates, or by a Noteholder 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 Section 2.07. (b) No Certificateholder, other than to the extent set forth in paragraph (a), shall have any personal liability for any liability or obligation of the Trust.

Appears in 26 contracts

Samples: Trust Agreement (World Omni Auto Receivables LLC), Trust Agreement (World Omni Auto Receivables LLC), Trust Agreement (World Omni Auto Receivables Trust 2013-A)

Liability of the Depositor and the Certificateholders. (a) The Depositor shall be liable directly to and will 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 Owner Trust Estate) to the extent that the Depositor would be liable if the Trust was were a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Depositor was were a general partner; provided, however, that the Depositor shall not be liable for any losses incurred by a Certificateholder in the capacity of an investor in the Trust Certificates, or by a Noteholder 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 Section 2.07. (ba) No Certificateholder, other than to the extent set forth in paragraph (a), shall have any personal liability for any liability or obligation of the Trust.

Appears in 5 contracts

Samples: Trust Agreement (World Omni Auto Receivables Trust 2012-B), Trust Agreement (World Omni Auto Receivables Trust 2012-B), Trust Agreement (World Omni Auto Receivables LLC)

AutoNDA by SimpleDocs

Liability of the Depositor and the Certificateholders. (a) The Depositor shall be liable directly to and will shall indemnify any injured party for all losses, claims, damages, liabilities and expenses of the Trust (including ExpensesExpenses (as defined in Section 6.9(b)), to the extent not paid out of the Owner Trust Estateassets of the Trust) to the extent that the Depositor would be liable if the Trust was were a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Depositor was a general partner; provided, however, that the Depositor shall not be liable for (i) any losses incurred by a Certificateholder in the its capacity of as an investor in the Trust Certificates, Certificates or by a Noteholder an Owner in the its capacity of as 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 Section 2.07subsection 2.7(a). The obligations of the Depositor under this subsection 2.7(a) shall be evidenced by the Certificate issued in the name of the Depositor. (b) No Certificateholder, other than to the extent set forth in paragraph (asubsection 2.7(a), shall have any personal liability for any liability or obligation of the Trust.

Appears in 1 contract

Samples: Trust Agreement (Imc Securities Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!