Common use of Limitation of Liability of Eligible Lender Trustee and Indenture Trustee Clause in Contracts

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Chase Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, and in no event shall Chase Bank USA, National Association, in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 20 contracts

Samples: Administration Agreement (SLM Funding LLC), Administration Agreement (SLM Student Loan Trust 2006-9), Administration Agreement (SLM Student Loan Trust 2006-7)

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Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase Deutsche Bank USA, National AssociationTrust Company Americas, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Deutsche Bank USA, National AssociationTrust Company Americas, in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank National Trust Company AmericasCompany, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank National Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 19 contracts

Samples: Servicing Agreement (Navient Student Loan Trust 2014-8), Servicing Agreement (Navient Student Loan Trust 2014-2), Servicing Agreement (Navient Student Loan Trust 2014-4)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Chase Deutsche Bank USA, National AssociationTrust Company Americas, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, and in no event shall Chase Deutsche Bank USA, National AssociationTrust Company Americas, in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank National Trust Company AmericasCompany, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank National Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee and the Eligible Lender Trustee, as applicable, under the Indenture and the Trust Agreement, respectively, shall be incorporated as though explicitly set forth herein.

Appears in 19 contracts

Samples: Administration Agreement (Navient Student Loan Trust 2014-1), Administration Agreement (SLM Student Loan Trust 2014-2), Administration Agreement (SLM Student Loan Trust 2014-1)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Bank USA, National Association, Association in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 15 contracts

Samples: Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Student Loan Trust 2005-8), Servicing Agreement (SLM Student Loan Trust 2006-5)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Chase Manhattan Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, and in no event shall Chase Manhattan Bank USA, National Association, in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 11 contracts

Samples: Administration Agreement (SLM Funding LLC), Administration Agreement (SLM Funding LLC), Administration Agreement (SLM Funding LLC)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Chase The Bank USAof New York Mellon Trust Company, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, and in no event shall Chase The Bank USAof New York Mellon Trust Company, National Association, in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee and the Eligible Lender Trustee, as applicable, under the Indenture and the Trust Agreement, respectively, shall be incorporated as though explicitly set forth herein.

Appears in 9 contracts

Samples: Administration Agreement (SLM Student Loan Trust 2012-2), Administration Agreement (SLM Student Loan Trust 2012-1), Administration Agreement (SLM Student Loan Trust 2011-3)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase Manhattan Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Manhattan Bank USA, National Association, Association in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche The Bank Trust Company Americasof New York, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche The Bank Trust Company Americas of New York 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 9 contracts

Samples: Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Funding LLC)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase Manhattan Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Manhattan Bank USA, National Association, Association in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 9 contracts

Samples: Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Funding LLC)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase The Bank USAof New York Mellon Trust Company, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The Bank USAof New York Mellon Trust Company, National Association, in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 8 contracts

Samples: Servicing Agreement (SLM Student Loan Trust 2012-2), Servicing Agreement (SLM Student Loan Trust 2011-2), Servicing Agreement (SLM Student Loan Trust 2010-2)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Bank USA, National Association, Association in its individual capacity or, except as expressly provided in the Trust Servicing Agreement Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 6 contracts

Samples: Servicing Agreement (SLM Student Loan Trust 2006-8), Servicing Agreement (SLM Student Loan Trust 2007-3), Servicing Agreement (SLM Student Loan Trust 2007-2)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase Manhattan Bank USA, National Association, Delaware not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Manhattan Bank USA, National Association, Delaware in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Bankers Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche Bank Bankers Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 5 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase Manhattan Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Manhattan Bank USA, National Association, Association in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche The Bank Trust Company Americas, of New York not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche The Bank Trust Company Americas of New York have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the -20- certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 4 contracts

Samples: Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Chase Manhattan Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, and in no event shall Chase Manhattan Bank USA, National Association, in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche The Bank Trust Company Americasof New York, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche The Bank Trust Company Americas of New York 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 4 contracts

Samples: Administration Agreement (SLM Funding LLC), Administration Agreement (SLM Funding LLC), Administration Agreement (SLM Funding LLC)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement Supplement has been executed and delivered by Chase Manhattan Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, and in no event shall Chase Manhattan Bank USA, National Association, in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement Supplement has been executed and delivered by Deutsche The Bank Trust Company Americasof New York, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche The Bank Trust Company Americas of New York 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 4 contracts

Samples: Administration Agreement (SLM Funding LLC), Administration Agreement Supplement (SLM Funding LLC), Administration Agreement (SLM Funding LLC)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase The First National Bank USA, National Association, of Chicago not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The First National Bank USA, National Association, of Chicago in its individual capacity or, except as expressly provided in the Trust Agreement, as beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by Deutsche Bank Bankers Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche Bank Bankers Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 4 contracts

Samples: Servicing Agreement (Usa Group Secondary Market Services Inc), Master Servicing Agreement (First Union Student Loan Trust 1997-1), Servicing Agreement (Usa Group Secondary Market Services Inc)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase Manhattan Bank USA, National Association, Association not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Manhattan Bank USA, National Association, Association in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Bankers Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche Bank Bankers Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 4 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Chase The Bank USAof New York Trust Company, National AssociationN.A., not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, and in no event shall Chase The Bank USAof New York Trust Company, National AssociationN.A., in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee and the Eligible Lender Trustee, as applicable, under the Indenture and the Trust Agreement, respectively, shall be incorporated as though explicitly set forth herein.

Appears in 3 contracts

Samples: Administration Agreement (SLM Student Loan Trust 2008-5), Administration Agreement (SLM Student Loan Trust 2008-4), Administration Agreement (SLM Student Loan Trust 2008-6)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Chase Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, and in no event shall Chase Bank USA, National Association, in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 3 contracts

Samples: Administration Agreement (SLM Student Loan Trust 2007-3), Administration Agreement (SLM Student Loan Trust 2007-2), Administration Agreement (SLM Student Loan Trust 2007-4)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase Manhattan Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Manhattan Bank USA, National Association, Association in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche The Bank Trust Company Americasof New York, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche The Bank Trust Company Americas of New York have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the -20- certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 3 contracts

Samples: Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Funding LLC)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed signed by The York Bank and delivered by Chase Bank USA, National Association, Trust Company not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The York Bank USA, National Association, and Trust Company in its individual capacity or as beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by Deutsche Bank Bankers Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche Bank Bankers Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Classnotes Inc), Second Supplemental Sale and Servicing Agreement (Classnotes Inc), Sale and Servicing Agreement (Classnotes Inc)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Bank USA, National Association, Association in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.. Servicing Agreement

Appears in 2 contracts

Samples: Servicing Agreement (SLM Student Loan Trust 2005-9), Servicing Agreement (SLM Student Loan Trust 2005-4)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase The Bank USAof New York Mellon Trust Company, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The Bank USAof New York Mellon Trust Company, National Association, in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas have any Servicing Agreement 22 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 2 contracts

Samples: Servicing Agreement (SLM Student Loan Trust 2012-1), Servicing Agreement (SLM Student Loan Trust 2011-3)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase Manhattan Bank USA, National Association, Association not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Manhattan Bank USA, National Association, Association in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by Deutsche Bank Bankers Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche Bank Bankers Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 2 contracts

Samples: Master Administration Agreement (SLM Funding Corp), Administration Agreement (SLM Funding Corp)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase Manhattan Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Manhattan Bank USA, National Association, Association in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche The Bank Trust Company Americas, of New York not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche The Bank Trust Company Americas of New York 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 2 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase The Bank USAof New York Mellon Trust Company, National Association, formerly known as The Bank of New York Trust Company, N.A., not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The Bank USAof New York Mellon Trust Company, National Association, formerly known as The Bank of New York Trust Company, N.A., in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 2 contracts

Samples: Servicing Agreement (SLM Student Loan Trust 2008-7), Servicing Agreement (SLM Student Loan Trust 2008-9)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase The Bank USAof New York Trust Company, National AssociationN.A., not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The Bank USAof New York Trust Company, National AssociationN.A., in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 2 contracts

Samples: Servicing Agreement (SLM Student Loan Trust 2008-6), Servicing Agreement (SLM Student Loan Trust 2007-5)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been executed and delivered countersigned by Chase The First National Bank USA, National Association, of Chicago not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The First National Bank USA, National Association, of Chicago in its individual capacity or any Owner of the Issuer have any liability for the representations, warranties, covenants, agreements agree ments or other obligations of the Issuer or the Eligible Lender Trustee hereunder or in any of the certificateshereunder, notices or agreements delivered pursuant hereto as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer thereunder, the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered countersigned by Deutsche Bank Bankers Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche Bank Bankers Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 2 contracts

Samples: Administration Agreement (Usa Group Secondary Market Services Inc), Administration Agreement (Usa Group Secondary Market Services Inc)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase The First National Bank USA, National Association, of Chicago not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The First National Bank USA, National Association, of Chicago in its individual capacity or, except as expressly provided in the Trust Agreement, as beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by Deutsche The Bank Trust Company Americas, of New York not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche The Bank Trust Company Americas of New York 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 2 contracts

Samples: Loan Sale Agreement (Signet Student Loan Trusts), Master Servicing Agreement (Signet Student Loan Trusts)

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Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase The Bank USAof New York Trust Company, National AssociationN.A., not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The Bank USAof New York Trust Company, National AssociationN.A., in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas have any liability for the representations, warranties, covenants, agreements or other obligations of the Servicing Agreement 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 2 contracts

Samples: Servicing Agreement (SLM Student Loan Trust 2008-4), Servicing Agreement (SLM Student Loan Trust 2008-5)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed signed by Dauphin Deposit Bank and delivered by Chase Bank USA, National Association, Trust Company not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Dauphin Deposit Bank USA, National Association, and Trust Company in its individual capacity or as beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by Deutsche Bank Bankers Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche Bank Bankers Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Classnotes Trust 1995-1 Asset Backed Ser 1996-2), Sale and Servicing Agreement (Transworld Insurance Co)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been executed and delivered countersigned by Chase The First National Bank USA, National Association, of Chicago not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Dauphin Deposit Bank USA, National Association, and Trust Company in its individual capacity or any Owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee hereunder or in any of the certificateshereunder, notices or agreements delivered pursuant hereto as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer thereunder, the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered countersigned by Deutsche Bank Bankers Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche Bank Bankers Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 1 contract

Samples: Administration Agreement (PNC Bank National Association/)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase The Bank USAof New York Mellon Trust Company, National Association, formerly known as The Bank of New York Trust Company, N.A., not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The Bank USAof New York Mellon Trust Company, National Association, formerly known as The Bank of New York Trust Company, N.A., in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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.. Servicing Agreement (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 1 contract

Samples: Servicing Agreement (SLM Student Loan Trust 2008-8)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Chase Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, and in no event shall Chase Bank USA, National Association, in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank Trust Company AmericasXxxxx Fargo Bank, National Association, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas Xxxxx Fargo Bank, National Association 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 1 contract

Samples: Administration Agreement (Wachovia Student Loan Trust 2005-1)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Chase The Bank USAof New York Mellon Trust Company, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, and in no event shall Chase The Bank USAof New York Mellon Trust Company, National Association, in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank National Trust Company AmericasCompany, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank National Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee and the Eligible Lender Trustee, as applicable, under the Indenture and the Trust Agreement, respectively, shall be incorporated as though explicitly set forth herein.

Appears in 1 contract

Samples: Administration Agreement (SLM Student Loan Trust 2012-3)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Chase The Bank USAof New York Trust Company, National AssociationN.A., not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, and in no event shall Chase The Bank USAof New York Trust Company, National AssociationN.A., in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee and the Eligible Lender Trustee, as applicable, under the Indenture and the Trust Agreement, respectively, shall be incorporated as though explicitly set forth herein.. Administration Agreement

Appears in 1 contract

Samples: Administration Agreement (SLM Student Loan Trust 2007-5)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding ee anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase The First National Bank USA, National Association, of Chicago not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The First National Bank USA, National Association, of Chicago in its individual capacity or as beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. Notwithstanding any provision in this Agreement or the Basic Documents, nothing in such Agreement and Basic Documents shall be construed to limit the Eligible Lender Trustee's responsibility to the U.S. Secretary of Education or a Guarantor in its capacity as Eligible Lender Trustee for any violations of statutory or regulatory requirements that may occur with respect to loans held in the Trust, pursuant to 34 CFR 682.203(b) or any successor provision thereto. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by Deutsche Bank Bankers Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche Bank Bankers Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (PNC Bank National Association/)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been executed countersigned by Dauphin Deposit Bank and delivered by Chase Bank USA, National Association, Trust Company not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Dauphin Deposit Bank USA, National Association, and Trust Company in its individual capacity or any Owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee hereunder or in any of the certificateshereunder, notices or agreements delivered pursuant hereto as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer thereunder, the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered countersigned by Deutsche Bank Bankers Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche Bank Bankers Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Transworld Insurance Co)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase The First National Bank USA, National Association, of Chicago not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The First National Bank USA, National Association, of Chicago in its individual capacity or, except as expressly provided in the Trust Agreement, as beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed accepted by State Street Bank and delivered by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche State Street Bank and Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 1 contract

Samples: Master Servicing Agreement (Nellie Mae Education Loan Corp)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase Bank USA, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Bank USA, National Association, Association in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Trust Company AmericasXxxxx Fargo Bank, National Association not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas Xxxxx Fargo Bank, National Association 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 1 contract

Samples: Master Servicing Agreement (Wachovia Student Loan Trust 2005-1)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been executed and delivered countersigned by Chase The First National Bank USA, National Association, of Chicago not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The First National Bank USA, National Association, of Chicago in its individual capacity or any Owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee hereunder or in any of the certificateshereunder, notices or agreements delivered pursuant hereto as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer thereunder, the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered countersigned by Deutsche The Bank Trust Company Americas, of New York not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche The Bank Trust Company Americas of New York 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 1 contract

Samples: Administration Agreement (Signet Student Loan Trusts)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been executed and delivered countersigned by Chase Bank USAStar Bank, National Association, Association not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase Bank USA, National Association, the Eligible Lender Trustee in its individual capacity or the Delaware Trustee in its individual capacity or as Delaware Trustee or any Owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee hereunder or in any of the certificateshereunder, notices or agreements delivered pursuant hereto as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer thereunder, the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles [[VI, VII and VIII]] of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered countersigned by Deutsche Bank Bankers Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche Bank Bankers Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 1 contract

Samples: Administration Agreement (Crestar Bank /Va)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase The Bank USAof New York Mellon Trust Company, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The Bank USAof New York Mellon Trust Company, National Association, in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.. Servicing Agreement

Appears in 1 contract

Samples: Servicing Agreement (SLM Student Loan Trust 2009-2)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) A. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase The Bank USAof New York Mellon Trust Company, National Association, not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The Bank USAof New York Mellon Trust Company, National Association, in its individual capacity or, except as expressly provided in the Trust Agreement, as Eligible Lender Trustee have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. (b) B. Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Deutsche Bank National Trust Company AmericasCompany, not in its individual capacity but solely as Indenture Trustee, and in no event shall Deutsche Bank National Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 1 contract

Samples: Servicing Agreement (SLM Student Loan Trust 2012-3)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered signed by Chase The First National Bank USA, National Association, of Chicago not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The First National Bank USA, National Association, of Chicago in its individual capacity or as beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee 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. Notwithstanding any provision in this Agreement or the Basic Documents, nothing in such Agreement and Basic Documents shall be construed to limit the Eligible Lender Trustee's responsibility to the U.S. Secretary of Education or a Guarantor in its capacity as Eligible Lender Trustee for any violations of statutory or regulatory requirements that may occur with respect to loans held in the Trust, pursuant to 34 CFR 682.203(b) or any successor provision thereto. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by Deutsche Bank Bankers Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche Bank Bankers Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (PNC Student Loan Trust I)

Limitation of Liability of Eligible Lender Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been executed and delivered countersigned by Chase The First National Bank USA, National Association, of Chicago not in its individual capacity but solely in its capacity as Eligible Lender Trustee of the Issuer, Issuer and in no event shall Chase The First National Bank USA, National Association, of Chicago in its individual capacity or any Owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer or the Eligible Lender Trustee hereunder or in any of the certificateshereunder, notices or agreements delivered pursuant hereto as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer thereunder, the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed countersigned by State Street Bank and delivered by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall Deutsche State Street Bank and Trust Company Americas 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. (c) The rights of and protections of the Indenture Trustee under the Indenture shall be incorporated as though explicitly set forth herein.

Appears in 1 contract

Samples: Administration Agreement (Nellie Mae Education Loan Corp)

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