Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) 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 V, VI and VII of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A., not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, 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. (c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 8 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneXxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2008-a-F), Sale and Servicing Agreement (AFS SenSub Corp.), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2005-a-X)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneWxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank OneWxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank OneWxxxx Fargo Bank, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (AFS SenSub Corp.), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2004-B-M), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2007-D-F)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneWxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent Trustee and Backup Servicer and in no event shall Bank OneWxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank OneWxxxx Fargo Bank, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) the Owner Trustee not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by Bank One, N.A., the Trustee not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer Trustee and in no event shall Bank One, N.A., the 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.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 5 contracts
Samples: Master Servicing Agreement (Gs Mortgage Securities Corp), Master Servicing Agreement (Structured Asset Mortgage Investments Inc), Master Servicing Agreement (Gs Mortgage Securities Corp)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Norwest Bank OneMinnesota, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent Trustee and Backup Standby Servicer and in no event shall Norwest Bank OneMinnesota, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Norwest Bank OneMinnesota, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.NA, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.NA, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A.NA, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Xxxxx Fargo Delaware Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer Trust and in no event shall Bankers Xxxxx Fargo Delaware Trust (Delaware) Company 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 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. 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 Trust hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank One, N.A.Trust Company Americas, not in its individual capacity but solely as Trust Collateral Agent Agent, Custodian and Backup Servicer and in no event shall Deutsche Bank One, N.A.Trust Company Americas, 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.
(c) In no event shall Deutsche Bank One, N.A.Trust Company Americas, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (UPFC Auto Receivables Corp.), Sale and Servicing Agreement (UPFC Auto Receivables Trust 2006-B), Sale and Servicing Agreement (UPFC Auto Receivables Corp.)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.The Chase Manhattan Bank, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.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.
(c) In no event shall Bank One, N.A.The Chase Manhattan Bank, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to It is expressly understood and agreed by the contrary, parties hereto that (a) this Agreement has been countersigned is executed and delivered by Bankers Trust (Delaware) Wilmington Trust, National Association, not in its individual capacity individually or personally but solely as trustee of the Issuer, in its capacity as Owner Trustee the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and in no event intended not as personal representations, undertakings and agreements by Wilmington Trust, National Association but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall Bankers Trust (Delaware) in its individual capacity or, except be construed as expressly provided in the Trust Agreement, as Owner Trustee have creating any liability on Wilmington Trust, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (d) Wilmington Trust, National Association has made no investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Agreement and (e) under no circumstances shall Wilmington Trust, National Association be personally liable for the representations, warranties, covenants, agreements payment of any indebtedness or other obligations expenses of the Issuer hereunder or in any of be liable for the certificates, notices breach 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 failure of any duties obligation, representation, warranty or obligations of covenant made or undertaken by the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles V, VI and VII of the Trust Agreementunder this Agreement or any other related documents.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneWxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Indenture Trustee, Grantor Trust Collateral Agent Trustee, Custodian and Backup Servicer and in no event shall Bank OneWxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank OneWxxxx Fargo Bank, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee or the Delaware Trustee under the Delaware Business Statutory Trust Statute, common law, or the Issuer Trust Agreement or Grantor Trust Agreement.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 V, VI and VII of the Trust Agreement.
(ba) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneXxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank OneXxxxx Fargo Bank, N.A.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.
(cb) In no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Americredit Corp)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to It is expressly understood and agreed by the contrary, parties hereto that (a) this Agreement has been countersigned is executed and delivered by Bankers Trust (Delaware) Wilmington Trust, National Association, not in its individual capacity individually or personally but solely as trustee of the Issuer, in its capacity as Owner Trustee the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and in no event intended not as personal representations, undertakings and agreements by Wilmington Trust, National Association but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall Bankers Trust (Delaware) in its individual capacity or, except be construed as expressly provided in the Trust Agreement, as Owner Trustee have creating any liability on Wilmington Trust, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (d) Wilmington Trust, National Association has made no investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Agreement and (e) under no circumstances shall Wilmington Trust, National Association be personally liable for the representations, warranties, covenants, agreements payment of any indebtedness or other obligations expenses of the Issuer hereunder or in any of be liable for the certificates, notices breach 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 failure of any duties obligation, representation, warranty or obligations of covenant made or undertaken by the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles V, VI and VII of the Trust Agreementunder this Agreement or any other related documents.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneWxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Indenture Trustee, Grantor Trust Collateral Agent Trustee, Custodian and Backup Servicer and in no event shall Bank OneWxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) Wilmington Trust, National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) Wilmington Trust, National Association 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneWxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent Trustee and Backup Servicer and in no event shall Bank OneWxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank OneWxxxx Fargo Bank, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Xxxxx Fargo Delaware Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Xxxxx Fargo Delaware Trust (Delaware) Company Americas 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank One, N.A.Trust Company Americas, not in its individual capacity but solely as Trust Collateral Agent Agent, Custodian and Backup Servicer and in no event shall Deutsche Bank One, N.A.Trust Company Americas, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Deutsche Bank One, N.A.Trust Company Americas, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (United Pan Am Financial Corp), Sale and Servicing Agreement (UPFC Auto Receivables Trust 2004-A), Sale and Servicing Agreement (UPFC Auto Receivables Trust 2005-A)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) Wilmington Trust, National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) Wilmington Trust, National Association 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneWxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent Trustee and Backup Servicer and in no event shall Bank OneWxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Deutsche Bank Trust (Delaware) Company Delaware not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Deutsche Bank Trust (Delaware) Company Delaware 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.JPMorgan Chase Bank, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.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.
(c) In no event shall Bank One, N.A.JPMorgan Chase Bank, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-a-M), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-B-X)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneXxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent Trustee and Backup Servicer and in no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.JPMorgan Chase Bank, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.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.
(c) In no event shall Bank One, N.A.JPMorgan Chase Bank, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2004-D-F), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-D-M)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) [Owner Trustee] not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) [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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.[Backup Servicer and Trust Collateral Agent], not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.[Backup Servicer and Trust Collateral Agent], have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A.[Backup Servicer and Trust Collateral Agent], in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (AFS SenSub Corp.), Sale and Servicing Agreement (AFS Funding Trust)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneXxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent Trustee and Backup Servicer and in no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Deutsche Bank Trust (Delaware) Company Delaware not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Deutsche Bank Trust (Delaware) Company Delaware 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.NA, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.NA, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A.NA, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Xxxxx Fargo Delaware Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer Trust and in no event shall Bankers Xxxxx Fargo Delaware Trust (Delaware) Company 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 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. 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 Trust hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank One, N.A.Trust Company Americas, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Deutsche Bank One, N.A.Trust Company Americas, 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.
(c) In no event shall Deutsche Bank One, N.A.Trust Company Americas, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (UPFC Auto Receivables Trust 2007-A), Sale and Servicing Agreement (UPFC Auto Receivables Trust 2007-B)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) 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 V, VI and VII of the Trust Agreement.
(ba) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.NA, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.NA, 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.
(cb) In no event shall Bank One, N.A.NA, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneXxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer Trustee and in no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.JPMorgan Chase Bank, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.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.
(c) In no event shall Bank One, N.A.JPMorgan Chase Bank, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Norwest Bank OneMinnesota, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent Trustee and Backup Standby Servicer and in no event shall Norwest Bank OneMinnesota, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A.[ ], in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. Back to Contents
(a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneJPMorgan Chase Bank, N.A., not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank OneJPMorgan 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.
(c) In no event shall Bank OneJPMorgan Chase Bank, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Automobile Receivable Trust 2005-D-A)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 103 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneXxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent Trustee and Backup Servicer and in no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers First Union Trust (Delaware) Company, National Association, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers First Union Trust (Delaware) Company, National Association 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 84 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Xxxxx Fargo Bank OneMinnesota, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Xxxxx Fargo Bank OneMinnesota, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Xxxxx Fargo Bank OneMinnesota, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.LaSalle National Bank, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.LaSalle National 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.
(c) In no event shall Bank One, N.A.LaSalle National Bank, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.LaSalle National Bank, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.LaSalle National 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.
(c) In no event shall Bank One, N.A.LaSalle National Bank, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneOne Trust Company, N.A., not in its individual capacity but solely as Trust Collateral Agent Trustee and Backup Standby Servicer and in no event shall Bank OneOne 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.
(c) In no event shall Bank OneOne Trust Company, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Xxxxx Fargo Delaware Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Xxxxx Fargo Delaware Trust (Delaware) Company 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Deutsche Bank One, N.A.Trust Company Americas, not in its individual capacity but solely as Trust Collateral Agent Agent, Custodian and Backup Servicer and in no event shall Deutsche Bank One, N.A.Trust Company Americas, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Deutsche Bank One, N.A.Trust Company Americas, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (UPFC Auto Receivables Trust 2005-B)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers First Union Trust (Delaware) Company, National Association, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers First Union Trust (Delaware) Company, National Association 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneOne Trust Company, N.A., not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank OneOne 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.
(c) In no event shall Bank OneOne Trust Company, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneXxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Trustee, Collateral Agent and Backup Servicer and in no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) ), not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) ), 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 under 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by The Bank One, N.A., of New York not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer Trustee and in no event shall The Bank One, N.A., of New York have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Oxford Resources Corp)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneXxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.. 84
Appears in 1 contract
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 Back to Contents Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneXxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2004-a-F)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) 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, 100 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.LaSalle National Bank, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.LaSalle National 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.
(c) In no event shall Bank One, N.A.LaSalle National Bank, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to It is expressly understood and agreed by the contrary, parties hereto that (a) this Agreement has been countersigned is executed and delivered by Bankers Trust (Delaware) Wilmington Trust, National Association, not in its individual capacity individually or personally but solely as trustee of the Issuer, in its capacity as Owner Trustee the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and in no event intended not as personal representations, undertakings and agreements by Wilmington Trust, National Association but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall Bankers Trust (Delaware) in its individual capacity or, except be construed as expressly provided in the Trust Agreement, as Owner Trustee have creating any liability on Wilmington Trust, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (d) Wilmington Trust, National Association has made no investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Agreement and (e) under no circumstances shall Wilmington Trust, National Association be personally liable for the representations, warranties, covenants, agreements payment of any indebtedness or other obligations expenses of the Issuer hereunder or in any of be liable for the certificates, notices breach 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 failure of any duties obligation, representation, warranty or obligations of covenant made or undertaken by the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles V, VI and VII of the Trust Agreementunder this Agreement or any other related documents.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneXxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Indenture Trustee, Grantor Trust Collateral Agent Trustee, Custodian and Backup Servicer and in no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee or the Delaware Trustee under the Delaware Business Statutory Trust Statute, common law, or the Issuer Trust Agreement or Grantor Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) [Name of Owner Trustee] not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) [Name of 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by Bank One, N.A., ___________________ not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer Trustee and in no event shall Bank One, 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.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) ____________, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) _______________, 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 under 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by Bank One, N.A., ____________ not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer Trustee and in no event shall Bank One, 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.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Mellon Auto Receivables Corp)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A., Bankers Trust Company not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.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.
(c) In no event shall Bank One, N.A.Wilmington Trust Company, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Advanta Automobile Receivables Trust 1997-1)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Xxxxx Fargo Bank OneMinnesota, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Xxxxx Fargo Bank OneMinnesota, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Xxxxx Fargo Bank OneMinnesota, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-C-F)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Delaware Trust (Delaware) Capital Management, Inc., not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Delaware Trust (Delaware) Capital Management, Inc., 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 under 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by The Bank One, N.A., of New York not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer Trustee and in no event shall The Bank One, N.A., of New York have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Oxford Resources Corp)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers 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 Bankers Deutsche Bank Trust (Delaware) Company Delaware 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 V, VI and VII of the Trust Agreement.
(ba) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.NA, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.NA, 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.
(cb) In no event shall Bank One, N.A.NA, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) [ ], not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) [ ], 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 under 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by Bank One, N.A., [ ] not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer Trustee and in no event shall Bank One, 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.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 81 87 subject to, and entitled to the benefits of, the terms and provisions of Articles VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Chase Manhattan Bank Delaware not in its individual capacity but solely in its capacity as Trustee of the Seller and in no event shall Chase Manhattan Bank Delaware in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Seller 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 Seller.
(c) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Harrxx Xxxst and Savings Bank One, N.A., not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.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.
(cd) In no event shall Bank One, N.A.Wilmington Trust Company, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (National Financial Auto Funding Trust)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been signed and countersigned by Bankers First Union Trust (Delaware) Company, National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers First Union Trust (Delaware) Company, National Association 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 or the Owner Trustee hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by The Bank One, N.A., of New York not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer Trustee and in no event shall The Bank One, N.A., of New York have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Money Store Home Equity Corp)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneXxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent Agent, Trustee and Backup Servicer and in no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank OneXxxxx Fargo Bank, N.A.National Association, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers 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 Bankers Deutsche Bank Trust (Delaware) Company Delaware 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 V, VI and VII of the Trust Agreement.
(ba) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by The Bank One, N.A.of New York, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall The Bank One, N.A.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.
(cb) In no event shall The Bank One, N.A.of New York, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Limitation of Liability of Owner Trustee and Trustee. (ad) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Wilmington Trust (Delaware) Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Wilmington Trust (Delaware) Company 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 VVI, VI VII and VII VIII of the Trust Agreement.
(be) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank OneWxxxx Fargo Bank, N.A.National Association, not in its individual capacity but solely as Trust Collateral Agent Trustee and Backup Servicer and in no event shall Bank OneWxxxx Fargo Bank, N.A.National Association, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) [Name of Owner Trustee] not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) [Name of 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 owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by Bank One, N.A., _________________ not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer Trustee and in no event shall Bank One, 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.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) [ ] not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) [ ] 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by [Norwest Bank OneMinnesota, N.A.National Association], not in its individual capacity but solely as Trust Collateral Agent Trustee and Backup Standby Servicer and in no event shall [Norwest Bank OneMinnesota, N.A.National Association], have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall [Norwest Bank OneMinnesota, N.A.National Association], in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) The Bank of New York, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) The Bank of New York, 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 under 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 VVI, VI VII and VII VIII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered accepted by U.S. Bank One, N.A., National Association not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer Trustee and in no event shall U.S. Bank One, N.A., National Association have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer.
(c) In no event shall Bank One, N.A., in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Barnett Auto Receivables Corp)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Deutsche Bank Trust (Delaware) Company Delaware not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Deutsche Bank Trust (Delaware) Company Delaware 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.JPMorgan Chase Bank, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.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.
(c) In no event shall Bank One, N.A.JPMorgan Chase Bank, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Deutsche Bank Trust (Delaware) Company Delaware not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Deutsche Bank Trust (Delaware) Company Delaware 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.JPMorgan Chase Bank, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.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.
(c) In no event shall Bank One, N.A.JPMorgan Chase Bank, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Statutory Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)
Limitation of Liability of Owner Trustee and Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Bankers Trust (Delaware) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Bankers Trust (Delaware) 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 V, VI and VII of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been executed and delivered by Bank One, N.A.Xxxxxx Trust and Savings Bank, not in its individual capacity but solely as Trust Collateral Agent and Backup Servicer and in no event shall Bank One, N.A.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.
(c) In no event shall Bank One, N.A.Xxxxxx Trust and Savings Bank, in any of its capacities hereunder, be deemed to have assumed any duties of the Owner Trustee under the Delaware Business Trust Statute, common law, or the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)