Common use of Limitation of Liability of Trustee Clause in Contracts

Limitation of Liability of 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 Issuing Entity, 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 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 Issuing Entity.

Appears in 12 contracts

Samples: Backup Servicing Agreement (CNH Equipment Trust 2011-A), Backup Servicing Agreement (CNH Equipment Trust 2011-A), Backup Servicing Agreement (CNH Equipment Trust 2010-C)

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Limitation of Liability of 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 Issuing Entity, 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 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 Issuing Entity.

Appears in 4 contracts

Samples: Backup Servicing Agreement (CNH Capital Receivables LLC), Backup Servicing Agreement (CNH Capital Receivables LLC), Backup Servicing Agreement (CNH Capital Receivables LLC)

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Limitation of Liability of 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 Issuing Entity, and in no event shall Wilmington Trust Company, in its individual capacitycapacity or, or except as expressly provided in the Trust Agreement, any beneficial owner of the Issuing Entity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuing Entity 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 Issuing Entity.

Appears in 1 contract

Samples: Backup Servicing Agreement (CNH Equipment Trust 2007-A)

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