Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee 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. 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 Articles VI, VII and VIII of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 44 contracts
Samples: Administration Agreement (Carmax Auto Funding LLC), Administration Agreement (CarMax Auto Owner Trust 2015-4), Administration Agreement (CarMax Auto Owner Trust 2015-3)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely Wilmington Trust, National Association in its capacity as Owner Trustee of the Issuer, Issuing Entity and in no event shall the Owner Trustee Wilmington Trust, National Association in its individual capacity or any beneficial owner of the Issuing Entity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer Issuing Entity hereunder, 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 any duties or obligations of the Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles Six, Seven and Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed by U.S. Bank as Indenture Trustee and in no event shall U.S. Bank 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 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 Articles VI, VII and VIII of the Trust AgreementIssuing Entity.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 38 contracts
Samples: Trust Administration Agreement (Nissan Auto Lease Trust 2021-A), Trust Administration Agreement (Nissan Auto Lease Trust 2021-A), Trust Administration Agreement (Nissan Auto Leasing LLC Ii)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely The Bank of New York Mellon, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee The Bank of New York Mellon 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Citibank, N.A., in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee Citibank, N.A., in its individual capacity 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.
Appears in 19 contracts
Samples: Administration Agreement (Honda Auto Receivables 2024-3 Owner Trust), Administration Agreement (Honda Auto Receivables 2024-3 Owner Trust), Administration Agreement (Honda Auto Receivables 2024-1 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Owner Trustee not in its individual capacity but Wilmington Trust, National Association solely in its capacity as Owner Trustee of the Issuer, and in no event shall or any beneficial owner of the Owner Trustee in its individual capacity Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Indenture Trustee not in its individual capacity but Citibank, N.A. solely as Indenture Trustee, and in no event shall the Indenture Trustee in its individual capacity Citibank, N.A. 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.
Appears in 14 contracts
Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-B), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-B), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-B)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Wilmington Trust, National Association, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Wilmington Trust, National Association in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee Citibank, N.A. not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity Citibank, N.A. 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.
Appears in 14 contracts
Samples: Administration Agreement (Harley-Davidson Motorcycle Trust 2024-B), Administration Agreement (Harley-Davidson Motorcycle Trust 2024-B), Administration Agreement (Harley-Davidson Motorcycle Trust 2024-A)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely The Bank of New York Mellon, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee The Bank of New York Mellon, in its individual capacity capacity, or any beneficial owner of the Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by U.S. Bank National Association, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee U.S. Bank National Association, in its individual capacity 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.
Appears in 12 contracts
Samples: Administration Agreement (Honda Auto Receivables 2018-3 Owner Trust), Administration Agreement (Honda Auto Receivables 2018-3 Owner Trust), Administration Agreement (Honda Auto Receivables 2018-1 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely The Bank of New York Mellon, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee The Bank of New York Mellon, in its individual capacity capacity, or any beneficial owner of the Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Citibank, N.A., in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee Citibank, N.A., in its individual capacity 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.
Appears in 12 contracts
Samples: Administration Agreement (American Honda Receivables LLC), Administration Agreement (Honda Auto Receivables 2018-4 Owner Trust), Administration Agreement (American Honda Receivables LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely The Bank of New York Mellon, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee The Bank of New York Mellon 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by U.S. Bank National Association, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee U.S. Bank National Association, in its individual capacity 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.
Appears in 12 contracts
Samples: Administration Agreement (Honda Auto Receivables 2021-4 Owner Trust), Administration Agreement (Honda Auto Receivables 2021-4 Owner Trust), Administration Agreement (Honda Auto Receivables 2021-2 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Wilmington Trust, National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Wilmington Trust, National Association in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee The Bank of New York Mellon Trust Company, N.A. not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity The Bank of New York Mellon Trust Company, N.A. 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.
Appears in 10 contracts
Samples: Administration Agreement (Harley-Davidson Motorcycle Trust 2015-2), Administration Agreement (Harley-Davidson Motorcycle Trust 2015-2), Administration Agreement (Harley-Davidson Motorcycle Trust 2015-1)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee of the Issuer 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. 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 Owner 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 countersigned acknowledged and accepted by the Indenture Trustee Xxxxx Fargo not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee in its individual capacity Xxxxx Fargo 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.
Appears in 9 contracts
Samples: Sale and Servicing Agreement (Chase Auto Owner Trust 2005-A), Sale and Servicing Agreement (Chase Auto Owner Trust 2006-A), Sale and Servicing Agreement (JPMorgan Chase Bank, National Association)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely The Bank of New York Mellon, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee The Bank of New York Mellon 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by U.S. Bank Trust Company, National Association, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee U.S. Bank Trust Company, National Association, in its individual capacity 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.
Appears in 9 contracts
Samples: Administration Agreement (Honda Auto Receivables 2024-4 Owner Trust), Administration Agreement (Honda Auto Receivables 2024-4 Owner Trust), Administration Agreement (Honda Auto Receivables 2024-2 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrarycontrary contained herein, this Agreement has been countersigned executed by the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee 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. 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 Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrarycontrary contained herein, this Agreement has been countersigned accepted by the Indenture Trustee Trustee, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 8 contracts
Samples: Sale and Servicing Agreement (Wachovia Auto Owner Trust 2008-A), Sale and Servicing Agreement (Wachovia Auto Loan Owner Trust 2007-1), Sale and Servicing Agreement (Wachovia Auto Owner Trust 2005-A)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Wilmington Trust, National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Wilmington Trust, National Association in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee of the Issuer 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 IssuerIssuer in accordance with the priorities set forth in the Indenture. 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee in its individual capacity U.S. 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.
Appears in 8 contracts
Samples: Issuer Administration Agreement (BMW Auto Leasing LLC), Issuer Administration Agreement (BMW Auto Leasing LLC), Issuer Administration Agreement (BMW Vehicle Lease Trust 2013-1)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this instrument has been signed on behalf of the Issuer by Wachovia Bank of Delaware, National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event will Wachovia Bank of Delaware, National Association in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse will 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 will be subject to, and entitled to the benefits of, the terms and provisions of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee The Bank of New York not in its individual capacity but solely in its capacity as Owner Indenture Trustee of the Issuer, and in no event shall the Owner Trustee in its individual capacity will The Bank 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. 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 Articles VI, VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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 will be had solely to the assets of the Issuer.
Appears in 7 contracts
Samples: Administration Agreement (Ford Credit Auto Receivables Two LLC), Administration Agreement (Ford Credit Auto Receivables Two LLC), Administration Agreement (Ford Credit Auto Receivables Two LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Deutsche Bank Trust Company Delaware, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee in its individual capacity Deutsche Bank Trust Company Delaware 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. 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 Articles VI, VII and VIII Article VI of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee Bank One, National Association, not in its individual capacity but solely in its capacity as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity Bank One, 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.
Appears in 7 contracts
Samples: Administration Agreement (Capital Auto Receivables Inc), Administration Agreement (Capital Auto Receivables Inc), Administration Agreement (Capital Auto Receivables Inc)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Owner Trustee [ ] not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee [ ] in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee of the Issuer 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 IssuerIssuer in accordance with the priorities set forth herein. 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 Owner 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 countersigned accepted by the Indenture Trustee [ ], not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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 IssuerIssuer in accordance with the priorities set forth herein.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Hyundai Abs Funding LLC), Sale and Servicing Agreement (Hyundai Abs Funding LLC), Sale and Servicing Agreement (Hyundai Abs Funding Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee of the Issuer 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 IssuerIssuer in accordance with the priorities set forth herein. 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee in its individual capacity Citibank, N.A. 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.
Appears in 6 contracts
Samples: Issuer Administration Agreement (BMW Vehicle Lease Trust 2011-1), Issuer Administration Agreement (BMW Vehicle Lease Trust 2011-1), Issuer Administration Agreement (BMW Vehicle Lease Trust 2007-1)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely Deutsche Bank Trust Company Delaware, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Deutsche Bank Trust Company Delaware, in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by U.S. Bank National Association, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee U.S. Bank 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.
Appears in 5 contracts
Samples: Administration Agreement (Honda Auto Receivables 2004-3 Owner Trust), Administration Agreement (Honda Auto Receivables 2005-5 Owner Trust), Administration Agreement (American Honda Receivables Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee _________________ not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee _______________________ in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee 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. 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 Owner 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 countersigned accepted by the Indenture Trustee _________________ not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Wells Fargo Auto Receivables Corp), Sale and Servicing Agreement (Amsouth Auto Corp Inc), Sale and Servicing Agreement (M&i Dealer Auto Securitization LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely Wilmington Trust Company in its capacity as Owner Trustee of the Issuer, Issuing Entity and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuing Entity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer Issuing Entity hereunder, 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 any duties or obligations of the Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles Six, Seven and Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed by U.S. Bank as Indenture Trustee and in no event shall U.S. Bank 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 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 Articles VI, VII and VIII of the Trust AgreementIssuing Entity.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 4 contracts
Samples: Trust Administration Agreement (Nissan Auto Lease Trust 2010-A), Trust Administration Agreement (Nissan Auto Leasing LLC Ii), Trust Administration Agreement (Nissan Auto Leasing LLC Ii)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely U.S. Bank Trust National Association, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee U.S. Bank Trust National Association, in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Deutsche Bank Trust Company Americas, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee Deutsche Bank Trust Company Americas, 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.
Appears in 4 contracts
Samples: Administration Agreement (Honda Auto Receivables 2008-1 Owner Trust), Administration Agreement (Honda Auto Receivables 2006-2 Owner Trust), Administration Agreement (Honda Auto Receivables 2005-4 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee [_______________], not in its individual capacity capacity, but solely in its capacity as Owner Trustee on behalf of the Issuer, and by [_______________], not in its individual capacity, but solely in its capacity as Indenture Trustee under the Indenture. In no event shall the Owner Trustee [_______________] in its individual capacity or [_______________] 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 by the Seller or Servicer, or prepared by the Seller or Servicer for delivery by the Owner Trustee on behalf of the Issuer, 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 Owner 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 countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC), Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC), Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee Wilmington Trust Company, not in its individual capacity capacity, but solely in its capacity as Owner Trustee of the Issuer, and by U.S. Bank National Association, not in its individual capacity, but solely in its capacity as Indenture Trustee under the Indenture. In no event shall the Owner Trustee in its individual capacity Wilmington Trust Company or U.S. 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 by the Seller or the Servicer, or prepared by the Seller or the Servicer for delivery by the Owner Trustee on behalf of the Issuer, 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 Owner 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 countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2010-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2010-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee [___________] not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee [___________] 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 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 Owner 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 countersigned accepted by the Indenture Trustee [___________], not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (DaimlerChrysler Financial Services Americas LLC), Sale and Servicing Agreement (DaimlerChrysler Financial Services Americas LLC), Sale and Servicing Agreement (DaimlerChrysler Financial Services Americas LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely Union Bank, N.A., in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Union Bank, N.A., in its individual capacity capacity, or any beneficial owner of the Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Citibank, N.A., in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee Citibank, N.A., in its individual capacity 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.
Appears in 4 contracts
Samples: Administration Agreement (Honda Auto Receivables 2014-1 Owner Trust), Administration Agreement (Honda Auto Receivables 2014-1 Owner Trust), Administration Agreement (Honda Auto Receivables 2012-4 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee [________], not in its individual capacity capacity, but solely in its capacity as Owner Trustee on behalf of the Issuer, and by [___________], not in its individual capacity, but solely in its capacity as Indenture Trustee under the Indenture. In no event shall the Owner Trustee either of [________], in its individual capacity or [___________] 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 by the Seller or Servicer, or prepared by the Seller or Servicer for delivery by the Owner Trustee on behalf of the Issuer, 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 Owner 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 countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC), Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC), Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned executed on behalf of the Issuer by the Owner Trustee Chemical Bank Delaware, not in its individual capacity but solely in its capacity as Owner Trustee on behalf of the Issuer, Trust and in no event shall the Owner Trustee in its individual capacity Chemical Bank Delaware 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. 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 Articles VI, VII and VIII Article VI of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Indenture Trustee The Bank of New York, not in its individual capacity but solely in its capacity as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity The Bank 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.
Appears in 4 contracts
Samples: Administration Agreement (Navistar Financial Retail Receivables Corporation), Administration Agreement (Navistar Financial Retail Receivables Corporation), Administration Agreement (Navistar Financial Retail Receivables Corporation)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein or contemplated hereby to the contrary, this Agreement has been countersigned signed by the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the IssuerTrust, and in no event shall the Owner Trustee in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer Trust hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereto or contemplated hereby, as to all of which recourse shall be had solely to the assets of the IssuerTrust. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee (as such and in its individual capacity) 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 countersigned accepted by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer Trust 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 IssuerTrust.
Appears in 4 contracts
Samples: Sale and Allocation Agreement (First Investors Financial Services Group Inc), Sale and Allocation Agreement (First Investors Financial Services Group Inc), Sale and Allocation Agreement (First Investors Financial Services Group Inc)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Wilmington Trust, National Association, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Wilmington Trust, National Association in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee The Bank of New York Mellon Trust Company, N.A. not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity The Bank of New York Mellon Trust Company, N.A. 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.
Appears in 4 contracts
Samples: Administration Agreement (Harley-Davidson Motorcycle Trust 2020-A), Administration Agreement (Harley-Davidson Motorcycle Trust 2020-A), Administration Agreement (Harley-Davidson Motorcycle Trust 2019-A)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely Deutsche Bank Trust Company Delaware, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Deutsche Bank Trust Company Delaware, in its individual capacity capacity, or any beneficial owner of the Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by The Bank of New York Mellon, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee The Bank of New York Mellon, in its individual capacity 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.
Appears in 4 contracts
Samples: Administration Agreement (Honda Auto Receivables 2014-3 Owner Trust), Administration Agreement (Honda Auto Receivables 2014-3 Owner Trust), Administration Agreement (Honda Auto Receivables 2013-2 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely The Bank of New York Mellon, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee The Bank of New York Mellon, in its individual capacity capacity, or any beneficial owner of the Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Union Bank, N.A., in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee Union Bank, N.A., in its individual capacity 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.
Appears in 4 contracts
Samples: Administration Agreement (Honda Auto Receivables 2014-2 Owner Trust), Administration Agreement (Honda Auto Receivables 2014-2 Owner Trust), Administration Agreement (Honda Auto Receivables 2013-1 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee ___________________ not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee _____________________ in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee __________________ not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 4 contracts
Samples: Administration Agreement (Deutsche Recreational Asset Funding Corp), Administration Agreement (Ml Asset Backed Corp), Administration Agreement (Ml Asset Backed Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the [Name of Owner Trustee Trustee] not in its individual capacity but solely in its the capacity as Owner Trustee of the Issuer, Issuer and in no event shall the [Name of Owner Trustee Trustee] in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the [Name of Indenture Trustee Trustee] not in its individual capacity but solely as [Name of Indenture Trustee, ] and in no event shall the Indenture Trustee 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.
Appears in 4 contracts
Samples: Administration Agreement (M&i Dealer Auto Securitization LLC), Administration Agreement (Amsouth Auto Receivables LLC), Administration Agreement (Bas Securitization LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee 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 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 Owner 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 countersigned accepted by the Indenture Trustee The Bank of New York, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity The Bank 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.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Chase Manhattan Bank USA, National Association, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee Chase Manhattan Bank USA, National Association in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee JPMorgan Chase Bank not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity JPMorgan Chase Bank 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.
Appears in 3 contracts
Samples: Backup Servicing Agreement (Onyx Acceptance Financial Corp), Backup Servicing Agreement (Onyx Acceptance Financial Corp), Backup Servicing Agreement (Onyx Acceptance Financial Corp Onyx Accept Owner Tr 2003-C)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely Union Bank, N.A., in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Union Bank, N.A., in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Citibank, N.A., in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee Citibank, N.A., 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.
Appears in 3 contracts
Samples: Administration Agreement (Honda Auto Receivables 2011-2 Owner Trust), Administration Agreement (Honda Auto Receivables 2011-2 Owner Trust), Administration Agreement (Honda Auto Receivables 2009-3 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee [ ] not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee [ ] in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee [ ] not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 3 contracts
Samples: Administration Agreement (Harley-Davidson Customer Funding Corp.), Administration Agreement (Harley Davidson Customer Funding Corp), Administration Agreement (Harley Davidson Customer Funding Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee Bankers Trust Company not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity Bankers Trust Company 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.
Appears in 3 contracts
Samples: Administration Agreement (Nal Financial Group Inc), Administration Agreement (Nal Financial Group Inc), Administration Agreement (Nal Financial Group Inc)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee BNY Mellon Trust of Delaware, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee in its individual capacity have any liability for the representationsBNY Mellon Trust of Delaware, 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 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 Articles VI, VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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 Agreement has been accepted by the Indenture Trustee, not in its individual capacity but solely as Indenture Trustee and in no event shall the Indenture Trustee 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.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Chrysler Financial Services Americas LLC), Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2009-A), Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2009-B)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee [___________] not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee [___________] in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII of the Trust Agreement.
(b) . Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee [___________] not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 3 contracts
Samples: Administration Agreement (DaimlerChrysler Financial Services Americas LLC), Administration Agreement (DaimlerChrysler Financial Services Americas LLC), Administration Agreement (Daimlerchrysler Services North America LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee [__________], not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee [__________], in its individual capacity or, except as expressly provided in the Trust Agreement, [__________], as Owner Trustee of the Issuer 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. 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 Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned accepted by the Indenture Trustee [__________], not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (American Honda Receivables LLC), Sale and Servicing Agreement (American Honda Receivables LLC), Sale and Servicing Agreement (American Honda Receivables LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee [__________] not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee [__________] in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee of the Issuer 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 IssuerIssuer in accordance with the priorities set forth in the Indenture. 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 3 contracts
Samples: Issuer Administration Agreement (Financial Services Vehicle Trust), Issuer Administration Agreement (Financial Services Vehicle Trust), Issuer Administration Agreement (BMW Auto Leasing LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely [•] in its capacity as Owner Trustee of the Issuer, Issuing Entity and in no event shall the Owner Trustee [•] in its individual capacity or any beneficial owner of the Issuing Entity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer Issuing Entity hereunder, 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 any duties or obligations of the Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles Six, Seven and Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed by [•] as Indenture Trustee and in no event shall [•] 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 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 Articles VI, VII and VIII of the Trust AgreementIssuing Entity.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 3 contracts
Samples: Trust Administration Agreement (Nissan Auto Leasing LLC Ii), Trust Administration Agreement (Nissan Auto Leasing LLC Ii), Trust Administration Agreement (Nissan Auto Leasing LLC Ii)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Chase Manhattan Bank USA, National Association, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee Chase Manhattan Bank USA, National Association, in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII VIII, of the Owner Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the The Bank of New York, as Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee in its individual capacity The Bank 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.
Appears in 3 contracts
Samples: Administration Agreement (World Omni Auto Receivables LLC), Administration Agreement (World Omni Auto Receivables LLC), Administration Agreement (World Omni Auto Receivables Trust 2003-B)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee ___________________ not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee _______________ 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 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 Owner 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 countersigned accepted by the Indenture Trustee The Bank of New York, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity The Bank 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.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Sale and Servicing Agreement (Gs Mortgage Securities Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Wilmington Trust Company, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee JPMorgan Chase Bank, N.A. not in its individual capacity but solely as Indenture Trustee, Trustee and Trust Agent and in no event shall the Indenture Trustee in its individual capacity JPMorgan Chase Bank, N.A. 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.
Appears in 2 contracts
Samples: Administration Agreement (Onyx Acceptance Owner Trust 2005-A), Administration Agreement (Onyx Acceptance Owner Trust 2005-B)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely MUFG Union Bank, N.A., in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee MUFG Union Bank, N.A., in its individual capacity capacity, or any beneficial owner of the Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Deutsche Bank Trust Company Americas, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee Deutsche Bank Trust Company Americas, in its individual capacity 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.
Appears in 2 contracts
Samples: Administration Agreement (Honda Auto Receivables 2015-2 Owner Trust), Administration Agreement (Honda Auto Receivables 2015-2 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned signed on behalf of the Issuer by the [Owner Trustee Trustee] not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the [Owner Trustee Trustee] in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the [Indenture Trustee Trustee] not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the [Indenture Trustee in its individual capacity Trustee] 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.
Appears in 2 contracts
Samples: Administration Agreement (Bear Stearns Asset Backed Funding Inc), Administration Agreement (Usaa Acceptance LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely U.S. Bank Trust National Association, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee U.S. Bank Trust National Association, in its individual capacity capacity, or any beneficial owner of the Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Deutsche Bank Trust Company Americas, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee Deutsche Bank Trust Company Americas, in its individual capacity 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.
Appears in 2 contracts
Samples: Administration Agreement (Honda Auto Receivables 2013-3 Owner Trust), Administration Agreement (Honda Auto Receivables 2013-3 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee [_________________] not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee [ ] in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee 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. 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 Owner 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 countersigned accepted by the Indenture Trustee [_________________] not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Bas Securitization LLC), Sale and Servicing Agreement (Bas Securitization LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee Xxxxxx Trust and Savings Bank not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity Xxxxxx Trust and Savings Bank 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.
Appears in 2 contracts
Samples: Administration Agreement (Eaglemark Inc), Administration Agreement (Eaglemark Inc)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee ____________________ not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee _______________ in its individual capacity or any Owner 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 heretohereunder, 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 [Articles VI, VII and VIII VIII] of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee _________________ not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 2 contracts
Samples: Administration Agreement (Toyota Motor Credit Corp), Administration Agreement (Toyota Motor Credit Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely Citibank, N.A., in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Citibank, N.A., in its individual capacity capacity, or any beneficial owner of the Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by U.S. Bank National Association, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee U.S. Bank National Association, in its individual capacity 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.
Appears in 2 contracts
Samples: Administration Agreement (Honda Auto Receivables 2015-1 Owner Trust), Administration Agreement (Honda Auto Receivables 2015-1 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee The Chase Manhattan Bank (USA) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee The Chase Manhattan Bank (USA) in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee Bankers Trust Company not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity Bankers Trust Company 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.
Appears in 2 contracts
Samples: Administration Agreement (WFS Financial 1997-a Owners Trust), Administration Agreement (WFS Financial 1996-D Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not Wilmington Trust Company in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee Bankers Trust Company not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity Bankers Trust Company 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.
Appears in 2 contracts
Samples: Administration Agreement (Nal Financial Group Inc), Administration Agreement (Nal Financial Group Inc)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely Deutsche Bank Trust Company Delaware, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Deutsche Bank Trust Company Delaware, in its individual capacity or any beneficial owner of the Issuer, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by The Bank of New York Mellon, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee The Bank of New York Mellon, in its individual capacity 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.
Appears in 2 contracts
Samples: Administration Agreement (Honda Auto Receivables 2012-1 Owner Trust), Administration Agreement (Honda Auto Receivables 2012-1 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee The Bank of New York (Delaware) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee The Bank of New York (Delaware) in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee Harrxx Xxxst and Savings Bank not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity Harrxx Xxxst and Savings Bank 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.
Appears in 2 contracts
Samples: Administration Agreement (Orix Credit Alliance Receivables Trust 1999-A), Administration Agreement (Orix Credit Alliance Receivables Trust 2000-A)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely U.S. Bank Trust National Association, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee U.S. Bank Trust National Association, in its individual capacity capacity, or any beneficial owner of the Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Citibank, N.A., in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee Citibank, N.A., in its individual capacity 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.
Appears in 2 contracts
Samples: Administration Agreement (Honda Auto Receivables 2014-4 Owner Trust), Administration Agreement (Honda Auto Receivables 2014-4 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee _____ not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee _____ 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 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 Owner 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 countersigned accepted by the Indenture Trustee _____, not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 2 contracts
Samples: Sale Agreement (Ford Credit Auto Receivables Two L P), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely The Bank of New York Mellon, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee The Bank of New York Mellon, in its individual capacity capacity, or any beneficial owner of the Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by MUFG Union Bank, N.A., in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee MUFG Union Bank, N.A., in its individual capacity 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.
Appears in 2 contracts
Samples: Administration Agreement (Honda Auto Receivables 2015-3 Owner Trust), Administration Agreement (Honda Auto Receivables 2015-3 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned signed by the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee 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 heretohereto or contemplated hereby, 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 (as such and in its individual capacity) 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 countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 2 contracts
Samples: Administration Agreement (First Investors Financial Services Group Inc), Administration Agreement (First Investors Financial Services Group Inc)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely U.S. Bank National Association, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee U.S. Bank National Association, in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by JPMorgan Chase Bank in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee JPMorgan Chase Bank 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.
Appears in 2 contracts
Samples: Administration Agreement (American Honda Receivables Corp), Administration Agreement (Honda Auto Receivables 2002-1 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely Citibank, N.A., in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Citibank, N.A., in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Deutsche Bank Trust Company Americas, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee Deutsche Bank Trust Company Americas, 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.
Appears in 2 contracts
Samples: Administration Agreement (Honda Auto Receivables 2005-1 Owner Trust), Administration Agreement (Honda Auto Receivables 2009-2 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely Citibank, National Association, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Citibank, National Association, in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by U.S. Bank National Association, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee U.S. Bank 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.
Appears in 2 contracts
Samples: Administration Agreement (Honda Auto Receivables 2011-1 Owner Trust), Administration Agreement (Honda Auto Receivables 2011-1 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned executed by the Owner Trustee _____________________, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee 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. 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 Articles VI, VII and VIII Article VI of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Indenture Trustee ______________, not in its individual capacity but solely in its capacity as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 2 contracts
Samples: Administration Agreement (Ace Securities Corp), Administration Agreement (Asset Backed Securities Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Owner Trustee not in its individual capacity but Wilmington Trust Company solely in its capacity as Owner Trustee of of, and on behalf of, the Issuer, Issuer and in no event shall the Owner Trustee in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by U.S. Bank solely in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 2 contracts
Samples: Administration Agreement (Mercedes-Benz Auto Receivables Trust 2010-1), Administration Agreement (Mercedes-Benz Auto Receivables Trust 2009-1)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee [ ], not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee [ ], in its individual capacity or, except as expressly provided in the Trust Agreement, [ ], as Owner Trustee of the Issuer 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. 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 Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned accepted by the Indenture Trustee [ ], not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (American Honda Receivables LLC), Sale and Servicing Agreement (American Honda Receivables LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Owner Trustee Wilmington Trust Company, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Indenture Trustee Bank One, National Association, not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee in its individual capacity Bank One, 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.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Harley Davidson Customer Funding Corp), Sale and Servicing Agreement (Harley Davidson Customer Funding Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee of the Issuer 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 IssuerIssuer in accordance with the priorities set forth herein. 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 2 contracts
Samples: Administration Agreement, Issuer Administration Agreement (BMW Auto Leasing LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Bankers Trust (Delaware), not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee in its individual capacity Bankers Trust (Delaware) 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. 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 Articles VI, VII and VIII Article VI of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee Bank One, National Association, not in its individual capacity but solely in its capacity as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity Bank One, 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.
Appears in 2 contracts
Samples: Administration Agreement (Capital Auto Receivables Inc), Administration Agreement (Capital Auto Receivables Inc)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Chase Manhattan Bank USA, National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Chase Manhattan Bank USA, National Association in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VIV, VII VI and VIII XI of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 2 contracts
Samples: Administration Agreement (Carco Auto Loan Master Trust), Administration Agreement (Daimlerchrysler Wholesale Receivables LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely The Bank of New York Mellon., in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee The Bank of New York Mellon, in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Union Bank, N.A., in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee Union Bank, N.A., 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.
Appears in 2 contracts
Samples: Administration Agreement (Honda Auto Receivables 2011-3 Owner Trust), Administration Agreement (Honda Auto Receivables 2011-3 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned signed on behalf of the Issuer by the Owner Trustee U.S. Bank Trust National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee U.S. Bank Trust National Association in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee HSBC Bank USA, National Association, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee HSBC Bank USA, National Association, in its individual capacity or any of its officers, directors, employees, representatives or agents 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.
Appears in 2 contracts
Samples: Administration Agreement (Merrill Auto Trust Securitization 2005-1), Administration Agreement (Merrill Auto Trust Securitization 2007-1)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely U.S. Bank Trust National Association, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee U.S. Bank Trust National Association, in its individual capacity capacity, or any beneficial owner of the Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by The Bank of New York Mellon, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee The Bank of New York Mellon, in its individual capacity 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.
Appears in 2 contracts
Samples: Administration Agreement (Honda Auto Receivables 2015-4 Owner Trust), Administration Agreement (Honda Auto Receivables 2015-4 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Owner Trustee [ ], not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee [ ] in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Indenture Trustee [ ], not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Harley-Davidson Customer Funding Corp.), Sale and Servicing Agreement (Harley Davidson Customer Funding Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee ____________________ not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee ____________________ in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee of the Issuer 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. 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 Owner 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 countersigned acknowledged and accepted by the Indenture Trustee __________ not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Chase Manhattan Bank Usa), Sale and Servicing Agreement (Chase Manhattan Bank Usa)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely Citibank, National Association, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Citibank, National Association, in its individual capacity capacity, or any beneficial owner of the Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by U.S. Bank National Association, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee U.S. Bank National Association, in its individual capacity 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.
Appears in 2 contracts
Samples: Administration Agreement (Honda Auto Receivables 2013-4 Owner Trust), Administration Agreement (Honda Auto Receivables 2013-4 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee The Bank of New York (Delaware), not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee The Bank of New York (Delaware) in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII VIII, of the Owner Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the The Chase Manhattan Bank, as Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee in its individual capacity The Chase Manhattan Bank 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.
Appears in 2 contracts
Samples: Administration Agreement (Auto Nations Receivables Corp), Administration Agreement (Auto Nations Receivables Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee 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 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 Owner 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 countersigned accepted by the Indenture Trustee o, not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee Bank One, National Association not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity Bank One, 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.
Appears in 2 contracts
Samples: Administration Agreement (Harley Davidson Customer Funding Corp), Administration Agreement (Harley Davidson Customer Funding Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely Citibank, National Association, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Citibank, National Association, in its individual capacity or any beneficial owner of the Issuer, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by U.S. Bank National Association, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee U.S. Bank National Association, in its individual capacity 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.
Appears in 2 contracts
Samples: Administration Agreement (Honda Auto Receivables 2012-3 Owner Trust), Administration Agreement (Honda Auto Receivables 2012-3 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee [ ] not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee [ ] 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 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 Owner 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 countersigned accepted by the Indenture Trustee [ ], not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp), Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee not in its individual capacity but solely U.S. Bank Trust National Association, in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee U.S. Bank Trust National Association, in its individual capacity or any beneficial owner of the Issuer, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Deutsche Bank Trust Company Americas, in its capacity as Indenture Trustee under the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee Deutsche Bank Trust Company Americas, in its individual capacity 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.
Appears in 2 contracts
Samples: Administration Agreement (Honda Auto Receivables 2012-2 Owner Trust), Administration Agreement (Honda Auto Receivables 2012-2 Owner Trust)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned executed on behalf of the Issuer by the Owner Trustee Wilmington Trust Company, not in its individual capacity but solely in its capacity as Owner Trustee on behalf of the Issuer, Trust and in no event shall the Owner Trustee in its individual capacity Wilmington Trust Company 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. 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 Articles VI, VII and VIII Article VI of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Indenture Trustee The Bank of New York, not in its individual capacity but solely in its capacity as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity The Bank 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.
Appears in 2 contracts
Samples: Administration Agreement (Alliance Laundry Systems LLC), Administration Agreement (Alliance Laundry Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee BNY Mellon Trust of Delaware not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee BNY Mellon Trust of Delaware in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee Xxxxx Fargo Bank, National Association not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity 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.
Appears in 2 contracts
Samples: Administration Agreement (Chrysler Financial Auto Securitization Trust 2009-B), Administration Agreement (Chrysler Financial Auto Securitization Trust 2009-A)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Deutsche Bank Trust Company Delaware not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Deutsche Bank Trust Company Delaware in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII of the Trust Agreement.
(b) . Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee Citibank, N.A. not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity Citibank, N.A. 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.
Appears in 2 contracts
Samples: Administration Agreement (DaimlerChrysler Auto Trust 2006-D), Administration Agreement (Daimlerchrysler Auto Trust 2005-B)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a1) Notwithstanding anything contained herein or contemplated hereby to the contrary, this Agreement has been countersigned signed by the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the IssuerTrust, and in no event shall the Owner Trustee in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer Trust hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereto or contemplated hereby, as to all of which recourse shall be had solely to the assets of the IssuerTrust. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee (as such and in its individual capacity) shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
(b2) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned accepted by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer Trust 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 IssuerTrust.
Appears in 1 contract
Samples: Sale and Allocation Agreement (First Investors Financial Services Group Inc)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee [____________], not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee [_____________] in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee [______________], not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Harley Davidson Customer Funding Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee [ ] not in its individual capacity but solely in its capacity as Owner Trustee of the IssuerIssuing Entity, and in no event shall the Owner Trustee [ ] in its individual capacity or, except as expressly provided in the Trust Agreement, as beneficial owner of the Issuing Entity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer 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 IssuerIssuing 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 Issuer Issuing Entity hereunder, the Owner 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 countersigned acknowledged and accepted by the Indenture Trustee [ ] not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee in its individual capacity [ ] have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer 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 IssuerIssuing Entity.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Caterpillar Financial Funding Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Owner Trustee Wilmington Trust Company, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Indenture Trustee BNY Midwest Trust Company, not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee in its individual capacity BNY Midwest Trust Company have any liability for the 67 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.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Harley Davidson Customer Funding Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the [Name of Owner Trustee Trustee] not in its individual capacity but solely in its the capacity as Owner Trustee of the Issuer, Issuer and in no event shall the [Name of Owner Trustee Trustee] in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the [Name of Indenture Trustee Trustee] not in its individual capacity but solely as [Name of Indenture Trustee, ] and in no event shall the Indenture Trustee 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.. 12 13
Appears in 1 contract
Samples: Administration Agreement (Capital One Auto Receivables LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee [________], not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee [_________], in its individual capacity or, except as expressly provided in the Trust Agreement, [__________], as Owner Trustee of the Issuer 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. 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 Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VISix, VII Seven and VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned accepted by the Indenture Trustee [__________], not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee 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.
Appears in 1 contract
Samples: Sale and Servicing Agreement (American Honda Receivables Corp)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Chase Manhattan Bank USA, National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee Chase Manhattan Bank USA, National Association in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee Deutsche Bank Trust Company Americas not in its individual capacity but solely as Indenture Trustee, Trustee and in no event shall the Indenture Trustee in its individual capacity 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.
Appears in 1 contract
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Owner Trustee not in its individual capacity but [_________________] solely in its capacity as Owner Trustee of of, and on behalf of, the Issuer, and in no event shall the Owner Trustee in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the [______] solely in its capacity as Indenture Trustee not in its individual capacity but solely as Indenture Trusteeunder the Indenture, and in no event shall the Indenture Trustee 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.
Appears in 1 contract
Samples: Administration Agreement (Daimler Retail Receivables LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Owner Trustee not in its individual capacity but Wilmington Trust, National Association solely in its capacity as Owner Trustee of the Issuer, and in no event shall or any beneficial owner of the Owner Trustee in its individual capacity Issuer 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 heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by the Indenture Trustee not in its individual capacity but Cxxxxxxx, N.A. solely as Indenture Trustee, and in no event shall the Indenture Trustee in its individual capacity Citibank, N.A. 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.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2023-A)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee __________________ not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee __________________ in its individual capacity or, except as expressly provided in the Trust Agreement, as Owner Trustee of the Issuer 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. 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 Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VI and VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned accepted by the Indenture Trustee __________________, not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Usaa Federal Savings Bank)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by [_______________], not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall [_______________] in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to 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 the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Owner Trustee [_______________] not in its individual capacity but solely in its capacity as Owner Indenture Trustee of the Issuer, and in no event shall the Owner Trustee 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. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer Indenture Trustee hereunder, the Owner Trustee [_______________] shall be subject to, and entitled to the benefits of, the any terms and provisions of Articles VI, VII and VIII the Indenture which apply to or extend to the benefit of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 1 contract
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrarycontrary contained herein, this Agreement has been countersigned executed by the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee 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. 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 Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrarycontrary contained herein, this Agreement has been countersigned accepted by the Indenture Trustee Trustee, not in its individual capacity but solely as Indenture Trustee, 77 Trustee and in no event shall the Indenture Trustee 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.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee Wilmington Trust Company, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, and in no event shall the Owner Trustee Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee Xxxxxx Trust and Savings Bank, not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee in its individual capacity Xxxxxx Trust and Savings Bank 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.
Appears in 1 contract
Limitation of Liability of Owner Trustee and Indenture Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by the Owner Trustee [_________] not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer, Issuer and in no event shall the Owner Trustee [_________] in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant heretohereunder, 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 Articles VI, VII and VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by the Indenture Trustee [_________], not in its individual capacity but solely as Indenture Trustee, and in no event shall the Indenture Trustee 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.
Appears in 1 contract
Samples: Administration Agreement (Chrysler Financial Services Americas LLC)