Common use of Limitation of Liability of Indenture Trustee and Owner Trustee Clause in Contracts

Limitation of Liability of Indenture Trustee and Owner Trustee. (a) Notwithstanding anything contained herein to the contrary, in no event shall Bank One, National Association in its individual capacity 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. (b) Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank USA, National Association, not in its individual capacity but solely as Owner Trustee, and in no event shall Chase Manhattan Bank USA, National Association have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the cer- tificates, 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 hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, VII and VIII of the Trust Agreement.

Appears in 1 contract

Samples: Custodial Agreement (Caterpillar Financial Funding Corp)

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Limitation of Liability of Indenture Trustee and Owner Trustee. (a) Notwithstanding anything contained herein to the contrary, in no event shall U.S. Bank One, National Association in its individual capacity 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. (b) Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank USA, National Association, not in its individual capacity but solely as Owner Trustee, and in no event shall Chase Manhattan Bank USA, National Association have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the cer- tificatescertificates, 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 hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, VII and VIII of the Trust Agreement.

Appears in 1 contract

Samples: Custodial Agreement (Caterpillar Financial Asset Trust 2005-A)

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