Common use of Limitation of Liability of the Trustee Clause in Contracts

Limitation of Liability of the Trustee. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally, but solely as Trustee of the Trust, (b) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as a personal representation, undertaking and agreement by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, 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 and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this document.

Appears in 8 contracts

Samples: Assignment and Assumption Agreement (CDF Funding, Inc.), Intercreditor Agreement (CDF Funding, Inc.), Appointment and Acceptance of Master Servicer (CDF Funding, Inc.)

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Limitation of Liability of the Trustee. It is expressly understood and agreed by the parties hereto that (a) this document Amendment is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally, but solely as Trustee of the TrustBuyer, (b) each of the representations, undertakings and agreements herein made on the part of the Trust Buyer is made and intended not as a personal representation, undertaking and agreement by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the TrustBuyer, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, 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 and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Trust Buyer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Buyer under this document.Amendment. Receivables Purchase and Contribution Agreement

Appears in 1 contract

Samples: Purchase and Contribution Agreement (CDF Funding, Inc.)

Limitation of Liability of the Trustee. It is expressly understood and agreed by the parties hereto that (a) this document Amendment is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally, but solely as Trustee of the TrustOwner, (b) each of the representations, undertakings and agreements herein made on the part of the Trust Owner is made and intended not as a personal representation, undertaking and agreement by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the TrustOwner, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, 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 and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Trust Owner or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Owner under this document.Amendment. Second Amended and Restated Servicing Agreement

Appears in 1 contract

Samples: Servicing Agreement (CDF Funding, Inc.)

Limitation of Liability of the Trustee. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally, but solely as Trustee of the TrustBuyer, (b) each of the representations, undertakings and agreements herein made on the part of the Trust Buyer is made and intended not as a personal representation, undertaking and agreement by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the TrustBuyer, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, 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 and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Trust Buyer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Buyer under this document.

Appears in 1 contract

Samples: Transfer Agreement (Synchrony Financial)

Limitation of Liability of the Trustee. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally, but solely as Trustee of the TrustBorrower, (b) each of the representations, undertakings and agreements herein made on the part of the Trust Borrower is made and intended not as a personal representation, undertaking and agreement by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the TrustBorrower, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, 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 and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Trust Borrower or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Borrower under this document.. GE Sales Finance Master Trust, 34 Loan Agreement (Series 2014-[ ] Class A)

Appears in 1 contract

Samples: Form of Loan Agreement (Synchrony Financial)

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Limitation of Liability of the Trustee. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally, but solely as Trustee of the Trust, (b) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as a personal representation, undertaking and agreement by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, 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 and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this document.. 3 Instrument of Resignation and Appointment –Administrator

Appears in 1 contract

Samples: Appointment and Acceptance of Administrator (CDF Funding, Inc.)

Limitation of Liability of the Trustee. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally, but solely as Trustee of the TrustBorrower, (b) each of the representations, undertakings and agreements herein made on the part of the Trust Borrower is 34 GE Capital Credit Card Master Note Trust, Loan Agreement (Series 2014-VFN[—], Class A) made and intended not as a personal representation, undertaking and agreement by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the TrustBorrower, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, 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 and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Trust Borrower or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Borrower under this document.

Appears in 1 contract

Samples: Form of Loan Agreement (Synchrony Financial)

Limitation of Liability of the Trustee. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by BNY Mellon Trust of Delaware, not individually or personally, but solely as Trustee of the TrustIssuer, (b) each of the representations, undertakings and agreements herein made on the part of the Trust Issuer is made and intended not as a personal representation, undertaking and agreement by BNY Mellon Trust of Delaware but is made and intended for the purpose of binding only the TrustIssuer, (c) nothing herein contained shall be construed as creating any liability on BNY Mellon Trust of Delaware, 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 and (d) under no circumstances shall BNY Mellon Trust of Delaware be personally liable for the payment of any indebtedness or expenses of the Trust Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust Issuer under this document.

Appears in 1 contract

Samples: Servicing Agreement (Synchrony Financial)

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