Limitation of Liability of Issuer Trustee. This Supplemental Indenture, and every deed, transfer, assignment, agreement or other instrument made pursuant hereto including, without limitation, the Series 2023-1 Notes, made or purporting to be made by or creating an obligation of the Trust or the Issuer Trustee on behalf of, or as trustee of, the Trust shall be deemed and construed for all purposes as if made by the Issuer Trustee, in and only in its capacity as trustee of the Trust. Any obligations of the Issuer Trustee hereunder or thereunder are non-recourse to the Issuer Trustee in its personal capacity and limited solely to the assets of the Trust. No other property or assets of the Issuer Trustee, whether owned by it in its personal capacity or otherwise, will be subject to levy, execution or other enforcement procedure with regard to any obligation under this Supplemental Indenture or any other such deed, transfer, assignment, agreement or other instrument. There will be no further liability against the Issuer Trustee.
Limitation of Liability of Issuer Trustee. Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by First Union Trust Company, National Association not in its individual capacity but solely in its capacity as Issuer Trustee of the Issuer and in no event shall First Union Trust Company, National Association in its individual capacity have any liability for 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. 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 Issuer hereunder, the Issuer Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII, VIII and IX of the Trust Agreement.
Limitation of Liability of Issuer Trustee. The Issuer Trustee will not be subject to any liability whatsoever, in tort, in contract or otherwise, in connection with the Collateral or the Issuer Trustee’s activities, to any beneficiary of the Trust or to any other Person, for any action taken or permitted by it to be taken, or its failure to compel in any way any former or acting Issuer Trustee to redress any breach of trust in respect of the execution of the duties of its office or in respect of the Collateral or the Issuer Trustee’s activities, provided that the foregoing limitation will not apply in respect of any action or failure to act arising from or in connection with dishonesty, bad faith, wilful misconduct, gross negligence or reckless disregard of a duty by the Issuer Trustee. The Issuer Trustee, in doing anything or permitting anything to be done in respect of the execution of the duties of its office or in respect of the Collateral or the Issuer Trustee’s activities is, and will be conclusively deemed to be, acting as trustee of the Trust and not in any other capacity. Except to the extent provided in this Section, the Issuer Trustee will not be subject to any liability for any debts, liabilities, obligations, claims, demands, judgments, costs, charges or expenses of or against or with respect to the Trust or the Issuer Trustee, arising out of anything done or permitted by it to be done or its failure to take any action in respect of the execution of the duties of its office or for or in respect of the Collateral or the Issuer Trustee’s activities and resort will be had solely to the Collateral for the payment or performance thereof. Except to the extent provided in this Section, no property or assets of the Issuer Trustee owned in its personal capacity will be subject to levy, execution or other enforcement procedure with regard to any obligation under this Indenture.
Limitation of Liability of Issuer Trustee. This Third General Supplemental Indenture, and every deed, transfer, assignment, agreement or other instrument made pursuant hereto made or purporting to be made by or creating an obligation of the Trust or the Issuer Trustee on behalf of, or as trustee of, the Trust shall be deemed and construed for all purposes as if made by the Issuer Trustee, in and only in its capacity as trustee of the Trust. Any obligations of the Issuer Trustee hereunder are non-recourse to the Issuer Trustee in its personal capacity and limited solely to the assets of the Trust. No other property or assets of the Issuer Trustee, whether owned by it in its personal capacity or otherwise, will be subject to levy, execution or other enforcement procedure with regard to any obligation under this Supplemental Indenture or any other such deed, transfer, assignment, agreement or other instrument. There will be no further liability against the Issuer Trustee.
Limitation of Liability of Issuer Trustee. Clause 17 of the Series Supplement is taken to be incorporated in this Agreement as if set out in full in it except that any references to “Trustee” are taken to be a reference to the “Issuer Trustee,” any references to “this Deed” are taken to be a reference to “this Agreement” and any references to “Clause 17” are taken to be a reference to “Section 6.3.”
Limitation of Liability of Issuer Trustee. This Agreement has been entered into by the Issuer Trustee solely in its capacity as trustee of Pure Trust and is not binding on the Issuer Trustee in any other capacity. Resort may not be had to, nor recourse or satisfaction be sought from, the private property of the Issuer Trustee, its directors, officers, employees, or agents, and resort will be had solely to the property of Pure Trust held in trust by the Issuer Trustee for the payment, performance or satisfaction of any liability or obligation of the Purchaser or the Issuer Trustee hereunder.
