Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 33 contracts
Samples: Insurance and Indemnity Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H4), Administration Agreement (Greenwich Capital Acceptance, Inc New York Mortgage Trust 2005-1), Administration Agreement (Saco I Trust 2005-Gp1)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer Trustee, and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 12 contracts
Samples: Sale and Servicing Agreement (Irwin Whole Loan Home Equity Trust 2004 A), Sale and Servicing Agreement (Irwin Whole Loan Home Equity Trust 2005-A), Sale and Servicing Agreement (Irwin Home Equity Loan Trust 2005-1)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 11 contracts
Samples: Administration Agreement (Aegis Asset Backed Securities Trust 2005-3), Administration Agreement (HomeBanc Mortgage Trust 2006-2), Administration Agreement (Thornburg Mortgage Securities Trust 2007-2)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned executed by Wilmington Trust Company Company, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer Issuer, and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VIVIII, VII IX and VIII X of the Trust Agreement.
Appears in 10 contracts
Samples: Administration Agreement, Administration Agreement, Administration Agreement (National Collegiate Student Loan Trust 2007-3)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned executed by Wilmington Trust Company Company, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer Trust, and in no event shall Wilmington Trust Company Company, in its individual capacity capacity, or any beneficial owner of the Issuer Trust have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer Trust hereunder, as to all of which recourse shall be had solely to the assets of the IssuerTrust. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer Trust hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VIVIII, VII IX and VIII X of the Trust Agreement.
Appears in 9 contracts
Samples: Structuring Advisory Agreement, Structuring Advisory Agreement (National Collegiate Student Loan Trust 2007-2), Structuring Advisory Agreement (National Collegiate Student Loan Trust 2006-3)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Owner Trust Agreement.
Appears in 8 contracts
Samples: Administration Agreement (Empire Funding Home Loan Owner Trust 1997-5), Administration Agreement (Empire Funding Home Loan Owner Trust 1998-1), Administration Agreement (Painewebber Mortgage Acceptance Corporation Iv)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned signed by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee (as such or in its individual capacity) shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 8 contracts
Samples: Administration Agreement (Signet Jewelers LTD), Administration Agreement (Nordstrom Inc), Administration Agreement (Nordstrom Inc)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned signed by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee (as such or in its individual capacity) shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 5 contracts
Samples: Administration Agreement (First National Funding LLC), Administration Agreement (First National Funding LLC), Administration Agreement (First National Master Note Trust)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this the Agreement has been countersigned executed by Wilmington Trust Company [ ], not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company [ ] in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp), Pooling and Servicing Agreement (Ace Securities Corp), Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned executed on behalf of the Issuer by Wilmington 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 Wilmington Deutsche Bank Trust Company Delaware in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (NCT Funding Co LLC), Pooling and Servicing Agreement (CIT Equipment Collateral 2004-Ef1), Pooling and Servicing Agreement (CIT Equipment Collateral 2005-Vt1)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned signed by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VIIV, V, VI and VII and VIII of the Trust Agreement.
Appears in 4 contracts
Samples: Administration Agreement (Household Consumer Loan Corp Ii), Administration Agreement (Hrsi Funding Inc Ii), Administration Agreement (Hrsi Funding Inc Ii)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer Issuer, and in no event shall Wilmington Trust Company Company, in its individual capacity capacity, or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 3 contracts
Samples: Administration Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2), Administration Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3), Administration Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by Wilmington Trust Company Company, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer Issuer, and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement. Notwithstanding anything herein to the contrary, Section 2.07 of the Trust Agreement shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Onyx Acceptance Owner Trust 2005-A), Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this AgreementIndenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VISix, VII Seven and VIII Ten of the Trust Agreement.
Appears in 3 contracts
Samples: Indenture (Nissan Auto Lease Trust 2003-A), Indenture (Nissan Auto Lease Trust 2004-A), Indenture (Nissan Auto Leasing LLC Ii)
Limitation of Liability of Owner Trustee. Notwithstanding ---------------------------------------- anything contained herein to the contrary, this Agreement instrument has been countersigned signed by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VIIV, V, VI and VII and VIII of the Trust Agreement.
Appears in 2 contracts
Samples: Administration Agreement (Conseco Finance Credit Funding Corp), Administration Agreement (Household Credit Card Master Note Trust I)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned signed by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 2 contracts
Samples: Administration Agreement (National City Credit Card Master Trust), Administration Agreement (National City Bank /)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this AgreementIndenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VISix, VII Seven and VIII Ten of the Trust Agreement. Notwithstanding anything herein to the contrary, Section 2.07 of the Trust Agreement shall remain in full force and effect.
Appears in 1 contract
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement instrument has been countersigned executed by Wilmington Trust Company Company, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer Issuer, and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 1 contract
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles ARTICLES VI, VII and AND VIII of the Owner Trust Agreement.
Appears in 1 contract
Samples: Administration Agreement (Painewebber Mort Accept Corp Iv Empire Funding 1999-1)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Wilmington Trust Company not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Wilmington Trust Company in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.. -------------------------
Appears in 1 contract
Samples: Administration Agreement (Financial Asset Securities Corp)
