Limitation of Liability of the Delaware Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been executed by Wilmington Trust Company, not in its individual capacity but solely in its capacity as Delaware 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.
Limitation of Liability of the Delaware Trustee. It is expressly understood and agreed by the parties hereto that (a) this Supplemental Indenture is executed and delivered by the Delaware Trustee, not individually or personally but solely as Delaware Trustee of the Issuer, in the exercise of the powers and authority conferred and vested in it under the Trust Agreement; (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by the Delaware Trustee but is made and intended for the purpose of binding only the Issuer; and (c) under no circumstances shall the Delaware Trustee be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Supplemental Indenture.
Limitation of Liability of the Delaware Trustee. It is expressly understood and agreed by the parties hereto and each Holder of Notes that, notwithstanding any provision of this Indenture or any other Transaction Document or any other document or instrument to the contrary, (a) to the extent this Indenture and each such other document or instrument is executed and delivered by Computershare Delaware Trust Company on behalf of the Issuer, it is so executed and delivered not individually or personally, but solely as Delaware Trustee of the Issuer in the exercise of the powers and authority conferred and vested in it as Delaware Trustee under the Trust Agreement, subject to the protections, indemnities and limitations from liability afforded to the Delaware Trustee thereunder, (b) each of the representations, covenants, undertakings and agreements herein or therein made on the part of the Issuer is made and intended not as a personal representation, covenant, undertaking and agreement by Computershare Delaware Trust Company but is made and intended for the purpose of binding only the Issuer, (c) nothing herein or therein contained shall be construed as creating any duty, obligation or liability on the part of Computershare Delaware Trust Company, individually or personally, to perform any covenant, duty or obligation either expressed or implied contained herein or in any other Transaction Document, all such liability, if any, being expressly waived by the parties hereto, by each of the Holders of Notes and by any Person claiming by, through or under the parties hereto or any of the Holders of Notes, (d) Computershare Delaware Trust Company has not verified or made any investigation as to the accuracy or completeness of any representations and warranties made by the Issuer or any other party to this Indenture and (e) under no circumstances shall Computershare Delaware Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture, the other Transaction Documents or any other document or instrument. All recourse against the Delaware Trustee or the Issuer shall be limited to the Assets. Notwithstanding any provision herein to the contrary, the Delaware Trustee shall be an express third-party beneficiary to this Indenture, entitled to enforce its rights hereunder as if a direct party hereto.
Limitation of Liability of the Delaware Trustee. Notwithstanding anything contained herein to the contrary, this Disclosure Agreement has been executed by Wilmington Trust Company, not in its individual capacity but solely in its capacity as Delaware Trustee, and in no event shall Wilmington Trust Company, in its individual capacity or any beneficial owner of the Issuing Entity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuing Entity hereunder, as to all of which recourse shall be had solely to the assets of the Issuing Entity. Executed as of the day and year first above written. BARCLAYS BANK PLC, as Swap Counterparty By: Name: Title: GOAL CAPITAL FUNDING, LLC, as Depositor By: Name: Title: GOAL FINANCIAL, LLC, as Sponsor By: Name: Title: GOAL CAPITAL FUNDING TRUST 2006-1, as Issuing Entity By: WILMINGTON TRUST COMPANY, not in its individual capacity but solely in its capacity as Delaware Trustee By: Name: Title: DEUTSCHE BANK SECURITIES INC. DEUTSCHE BANK AG, LONDON BRANCH By By Name: Name: Title Title By By Name: Name: Title Title BANC OF AMERICA SECURITIES LLC BANC OF AMERICA SECURITIES LIMITED By By Name: Name: Title Title BARCLAYS CAPITAL INC. BARCLAYS BANK PLC By By Name: Name: Title Title FORTIS BANK NV-SA By Name: Title:
Limitation of Liability of the Delaware Trustee. Notwithstanding anything contained herein to the contrary, this instrument has been executed by Xxxxx Fargo Delaware Trust Company, not in its individual capacity but solely in its capacity as Delaware Trustee, and in no event shall Xxxxx Fargo Delaware 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 which recourse shall be had solely to the assets of the Issuer. Executed as of the day and year first above written. DEUTSCHE BANK AG, acting through its New York Branch, as Swap Counterparty By: ___________________________ Name: Title: By: ___________________________ Name: Title: NELNET STUDENT LOAN FUNDING, LLC, as Depositor By: ___________________________ Name: Title: NELNET, INC., as Sponsor By: ___________________________ Name: Title: NELNET STUDENT LOAN TRUST 2006-2, as Issuing Entity By: XXXXX FARGO DELAWARE TRUST COMPANY, not in its individual capacity but solely in its capacity as Delaware Trustee By: ___________________________ Name: Title: X.X. XXXXXX SECURITIES INC., acting on behalf of itself and as Representative of the Underwriters By: ___________________________ Name: Title: X.X. XXXXXX SECURITIES LTD. By: ___________________________ Name: Title: XXXXXX XXXXXXX & CO. INCORPORATED, acting on behalf of itself and as Representative of the Underwriters By: ___________________________ Name: Title: XXXXXX XXXXXXX & CO. INTERNATIONAL LIMITED By: ___________________________ Name: Title: BARCLAYS BANK PLC By: ___________________________ Name: Title: DEPFA BANK, PLC By: ___________________________ Name: Title: XXXXXXXX XXXX XX, XXXXXX BRANCH By: ___________________________ Name: Title: By: ___________________________ Name: Title: SOCIETE GENERALE, LONDON BRANCH By: ___________________________ Name: Title: Paragraph 13. Elections and Variables
