Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank USA, National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Chase Manhattan Bank USA, National Association in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, 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 Six, Seven and Eight of the Trust Agreement.
Appears in 23 contracts
Samples: Sale and Servicing Agreement (WFS Receivables Corp), Sale and Servicing Agreement (WFS Receivables Corp 3), Indenture (WFS Receivables Corp)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank USA, National Association Delaware not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Chase Manhattan Bank USA, National Association 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 Six, Seven and Eight of the Trust Agreement.
Appears in 18 contracts
Samples: Sale and Servicing Agreement (WFS Financial Auto Loans Inc), Indenture (WFS Financial Auto Loans Inc), Sale and Servicing Agreement (WFS Financial 1998 a Owner Trust)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank USA, National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Chase Manhattan Bank USA, National Association in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, 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 Six, Seven and Eight of the Trust Agreement.
Appears in 12 contracts
Samples: Indenture (WFS Receivables Corp 3), Indenture (WFS Receivables Corp 3), Indenture (WFS Financial 2005-1 Owner Trust)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank USA, National Association Delaware not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Chase Manhattan Bank USA, National Association 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 Six, Seven and Eight of the Trust Agreement. Notwithstanding anything herein to the contrary, Section 2.07(a) of the Trust Agreement shall remain in full force and effect.
Appears in 8 contracts
Samples: Indenture (WFS Financial 1996-D Owner Trust), Sale and Servicing Agreement (WFS Financial 1997-D Owner Trust), Indenture (WFS Financial 1997-B Owner Trust)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been countersigned signed by Chase Manhattan Bank USA, National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer Seller and in no event shall Chase Manhattan Bank USA, National Association in its individual capacity or any beneficial owner of the Issuer Seller have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer Seller hereunder, as to all of which recourse shall be had solely to the assets of the IssuerSeller. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer Seller hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles SixVI, Seven VII and Eight VIII of the Trust Agreement.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Bear Stearns Asset Backed Whole Auto Loan Trust 2004-1), Receivables Purchase Agreement (Bear Stearns Asset Backed Whole Auto Loan Trust 2003-1), Receivables Purchase Agreement (Bear Stearns Asset Backed Whole Auto Loan Trust 2003-1)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank USA, National Association Delaware not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Chase Manhattan Bank USA, National Association 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 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 Six, Seven and Eight 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 2 contracts
Samples: Indenture (Ryder Truck Rental I Lp), Indenture (Ryder Truck Rental I Lp)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this instrument Agreement has been countersigned executed on behalf of the Issuer by Chase Manhattan Bank USA, National Association Association, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Chase Manhattan Bank USA, National Association in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, 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 SixVI, Seven VII and Eight VIII of the Trust Agreement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Cit Equipment Collateral 2000-2), Pooling and Servicing Agreement (Cit Ec Ef 2001-A)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank USA, National Association Association, not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer Issuer, and in no event shall Chase Manhattan Bank USA, National Association in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, 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 SixVI, Seven VII and Eight 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 2 contracts
Samples: Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank USA, National Association Association, not in its individual capacity capacity, but solely in its capacity as Owner Trustee of the Issuer Trust and in no event shall Chase Manhattan Bank USA, National Association in its individual 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 Six, Seven and Eight of the Trust Agreement.
Appears in 1 contract
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by The Chase Manhattan Bank (USA, National Association ) not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall The Chase Manhattan Bank (USA, National Association ) in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, 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 Six, Seven and Eight of the Trust Agreement. Notwithstanding anything herein to the contrary, Section 2.07(a) of the Trust Agreement shall remain in full force and effect.
Appears in 1 contract
Samples: Sale and Servicing Agreement (WFS Financial 1996-D Owner Trust)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank USA, National Association N.
A. not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Chase Manhattan Bank USA, National Association N.
A. in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, 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 Six, Seven and Eight of the Trust Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (WFS Receivables Corp 2)
Limitation of Liability of Owner Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been countersigned executed by Chase Manhattan Bank USA, National Association not in its individual capacity but solely in its capacity as Owner Trustee of the Issuer and in no event shall Chase Manhattan Bank USA, National Association in its individual capacity or any beneficial owner of the Issuer have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, 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 Six, Seven and Eight 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