LIMITATION OF LIABILITY OF DELAWARE TRUSTEE. Notwithstanding anything contained herein to the contrary, this Agreement has been executed by Wilmington Trust Company, not in its individual capacity, but solely in its capacity as Delaware Trustee, and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Trust have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust hereunder, as to all of which recourse shall be had solely to the assets of the Trust.
LIMITATION OF LIABILITY OF DELAWARE TRUSTEE. Notwithstanding anything contained herein to the contrary, this Agreement has been executed by M&T Trust Company of Delaware, not in its individual capacity, but solely in its capacity as Delaware Trustee, and in no event shall M&T Trust Company of Delaware in its individual capacity or any beneficial owner of the Trust have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust hereunder, as to all of which recourse shall be had solely to the assets of the Trust.
LIMITATION OF LIABILITY OF DELAWARE TRUSTEE. Notwithstanding anything contained herein to the contrary, this instrument has been executed by Xxxxx Fargo Delaware Trust Company, not in its individual capacity, but solely in its capacity as Delaware Trustee, and in no event shall Xxxxx Fargo Delaware Trust Company in its individual capacity or any beneficial owner of the Purchaser have any liability for the representations, warranties, covenants, agreements or other obligations of the Purchaser hereunder, as to all of which recourse shall be had solely to the assets of the Purchaser.
LIMITATION OF LIABILITY OF DELAWARE TRUSTEE. Notwithstanding anything contained herein to the contrary, this instrument has been executed by Wilmington Trust Company, not in its individual capacity but solely in its capacity as Delaware Trustee, and in no event shall Wilmington Trust Company, in its individual capacity, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer.
LIMITATION OF LIABILITY OF DELAWARE TRUSTEE. Notwithstanding anything contained herein to the contrary, this Agreement has been executed by or on behalf of Wilmington Trust Company, not in its individual capacity, but solely in its capacity as Delaware Trustee of the Trust, and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Trust have any liability for the covenants, agreements or other obligations of the Trust under this Agreement, as to all of which recourse shall be had solely to the assets of the Trust.
LIMITATION OF LIABILITY OF DELAWARE TRUSTEE. Notwithstanding anything contained herein to the contrary, this instrument has been executed by , not in its individual capacity but solely in its capacity as Delaware Trustee, and in no event shall in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to which recourse shall be had solely to the assets of the Issuer.
LIMITATION OF LIABILITY OF DELAWARE TRUSTEE. Notwithstanding anything contained herein to the contrary, this Agreement has been executed by Wells Fargo Delaware Trust Company, not in its individual capacity, xxx xolely in its capacity as Delaware Trustee, and in no event shall Wells Fargo Delaware Trust Company in its individual capacity or any xxxxficial owner of the Trust have any liability for the representations, warranties, covenants, agreements or other obligations of the Trust hereunder, as to all of which recourse shall be had solely to the assets of the Trust.
LIMITATION OF LIABILITY OF DELAWARE TRUSTEE. It is expressly understood and agreed by the parties hereto and each Subordinated Noteholder that, notwithstanding any provision of this Agreement or any other Loan Document or any other document or instrument to the contrary, (a) to the extent this Agreement and each such other document or instrument is executed and delivered by Computershare Delaware Trust Company on behalf of the Borrower, it is so executed and delivered not individually or personally, but solely as Delaware Trustee of the Borrower in the exercise of the powers and authority conferred and vested in it as Delaware Trustee under the Trust Agreement, subject to the protections, indemnities and limitations from liability afforded to the Delaware Trustee thereunder, (b) each of the representations, covenants, undertakings and agreements herein or therein made on the part of the Borrower is made and intended not as a personal representation, covenant, undertaking and agreement by Computershare Delaware Trust Company but is made and intended for the purpose of binding only the Borrower, (c) nothing herein or therein contained shall be construed as creating any duty, obligation or liability on the part of Computershare Delaware Trust Company, individually or personally, to perform any covenant, duty or obligation either expressed or implied contained herein or in any other Loan Document, all such liability, if any, being expressly waived by the parties hereto, by each of the Subordinated Noteholders and by any Person claiming by, through or under the parties hereto or any of the Subordinated Noteholders, (d) Computershare Delaware Trust Company has not verified or made any investigation as to the accuracy or completeness of any representations and warranties made by the Borrower or any other party to this Agreement and (e) under no circumstances shall Computershare Delaware Trust Company be personally liable for the payment of any indebtedness or expenses of the Borrower or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Borrower under this Agreement, the other Loan Documents or any other document or instrument. All recourse against the Delaware Trustee or the Borrower shall be limited to the assets of the Borrower.
LIMITATION OF LIABILITY OF DELAWARE TRUSTEE. The Delaware Trustee shall not be liable to the Trust or its beneficiaries for any of its acts or omissions except for acts or omissions constituting bad faith or willful misconduct. Pursuant to Section 3803(b) of the Act, the Delaware Trustee shall not be liable to any person other than the Trust or a beneficiary of the Trust for any act, omission or obligation of the Trust or any trustee thereof and all persons having any claim against the Delaware Trustee by reason of the transactions contemplated by this Declaration of Trust or any other agreement or instrument related to the Trust shall look only to the Trust’s property for payment or satisfaction thereof.
LIMITATION OF LIABILITY OF DELAWARE TRUSTEE. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by The Bank of New York (Delaware), not in its individual capacity but solely as Delaware Trustee, and in no event shall The Bank of New York (Delaware), in its individual capacity, except as expressly provided herein, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder 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 Issuer.
