Limitation of Liability of Indenture Trustee and Owner Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been acknowledged and accepted by [Name of Indenture Trustee], not in its individual capacity but solely as Indenture Trustee and in no event shall [Name of Indenture Trustee] have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuing Entity 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 Issuing Entity. For all purposes of this Agreement, in the performance of its duties or obligations hereunder or in the performance of any duties or obligations of the Issuing Entity hereunder, the Indenture Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI of the Indenture.
Appears in 17 contracts
Samples: Servicing Agreement (Ally Auto Assets LLC), Trust Sale Agreement (Ally Auto Assets LLC), Servicing Agreement (Ally Auto Assets LLC)
Limitation of Liability of Indenture Trustee and Owner Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been acknowledged and accepted by [Name of Indenture Trustee]Wxxxx Fargo Bank, National Association, not in its individual capacity but solely as Indenture Trustee and in no event shall [Name of Indenture Trustee] Wxxxx Fargo Bank, National Association have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuing Entity 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 Issuing Entity. For all purposes of this Agreement, in the performance of its duties or obligations hereunder or in the performance of any duties or obligations of the Issuing Entity hereunder, the Indenture Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI of the Indenture.
Appears in 2 contracts
Samples: Trust Sale and Servicing Agreement (Ally Auto Receivables Trust 2010-4), Trust Sale and Servicing Agreement (Ally Auto Receivables Trust 2010-4)
Limitation of Liability of Indenture Trustee and Owner Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been acknowledged and accepted by [Name of Indenture Trustee[ ], not in its individual capacity but solely as Indenture Trustee and in no event shall [Name of Indenture Trustee] ]. have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuing Entity 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 Issuing Entity. For all purposes of this Agreement, in the performance of its duties or obligations hereunder or in the performance of any duties or obligations of the Issuing Entity hereunder, the Indenture Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI of the Indenture.
Appears in 1 contract
Samples: Trust Sale and Servicing Agreement (Capital Auto Receivables LLC)