Common use of Limitation of Owner Trustee Liability Clause in Contracts

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing Entity, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity under this Amendment or any other related documents.

Appears in 8 contracts

Samples: Sale and Servicing Agreement (Novastar Mortgage Funding Corp), Sale and Servicing Agreement (Novastar Mortgage Funding Corp), Sale and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2006-1)

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Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document Amendment is executed and delivered by Wilmington Trust CompanyTrust, National Association, not individually or personally, but solely as Owner TrusteeTrustee of the Issuer under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Issuer is made and intended not as a personal representationsrepresentation, undertakings undertaking and agreements agreement by Wilmington Trust Company Trust, National Association but is made and intended for the purpose for of binding only the Issuing EntityIssuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust CompanyTrust, National Association 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 Person claiming by, through or under the parties hereto, (d) Wilmington Trust, National Association has made no investigation as to the accuracy or completeness of any representations and warranties made by the Issuer in this Amendment and (de) under no circumstances shall Wilmington Trust Company Trust, National Association be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Issuer under this Amendment or any the other related documentsTransaction Documents.

Appears in 7 contracts

Samples: Ditech Agency (DITECH HOLDING Corp), Indenture (Walter Investment Management Corp), Ditech Agency (DITECH HOLDING Corp)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust AgreementAgreement of the Issuer, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityIssuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Issuer under this Amendment or any other related documents.

Appears in 6 contracts

Samples: Spread Account Agreement (Americredit Corp), Spread Account Agreement (Americredit Corp), Spread Account Agreement (Americredit Corp)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document Agreement is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust AgreementAgreement of the Purchaser, (b) each of the representations, waivers, undertakings and agreements herein made on the part of the Issuing Entity Purchaser is made and intended not as personal representations, waivers, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for of binding only the Issuing EntityPurchaser, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Purchaser or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Purchaser under this Amendment Agreement or any other related documents.

Appears in 5 contracts

Samples: Tertiary Purchase Agreement, Secondary Purchase Agreement (Ingersoll Rand Co LTD), Tertiary Purchase Agreement (Ingersoll Rand Co LTD)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document is executed and delivered by Wilmington U.S. Bank Trust CompanyNational Association, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Trust is made and intended not as personal representations, undertakings and agreements by Wilmington U.S. Bank Trust Company National Association but is made and intended for the purpose for of binding only the Issuing EntityTrust, (c) nothing herein contained shall be construed as creating any liability on Wilmington U.S. Bank Trust CompanyNational Association, 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 Wilmington U.S. Bank Trust Company National Association be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Trust under this Amendment or any other related documents.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2005-1), Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2005-2), Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2004-4)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Trust is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityTrust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Trust under this Amendment Agreement or any other related documents.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H4), Sale and Servicing Agreement (Indymac MBS Inc), Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H2)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document is executed and delivered by Wilmington U.S. Bank Trust CompanyNational Association, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity is made and intended not as personal representations, undertakings and agreements by Wilmington U.S. Bank Trust Company National Association but is made and intended for the purpose for of binding only the Issuing Entity, (c) nothing herein contained shall be construed as creating any liability on Wilmington U.S. Bank Trust CompanyNational Association, 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 Wilmington U.S. Bank Trust Company National Association be personally liable for the payment of any indebtedness or expenses of the Issuing Entity or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity under this Amendment or any other related documents.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2006-2), Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document Agreement is executed and delivered by Wilmington Trust Company, not individually or personally, personally but solely as Trustee of FFCA Franchise Loan Owner TrusteeTrust 1998-1, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Trust is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityTrust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Person claiming by, through or under the parties hereto, hereto and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Trust under this Amendment Agreement or any other related documents.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Franchise Finance Corp of America), Sale and Servicing Agreement (Franchise Finance Corp of America)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document is executed and delivered by Wilmington U.S. Bank Trust CompanyNational Association, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington U.S. Bank Trust Company National Association but is made and intended for the purpose for of binding only the Issuing EntityIssuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington U.S. Bank Trust CompanyNational Association, 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 Wilmington U.S. Bank Trust Company National Association be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Issuer under this Amendment or any other related documents.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2005-3), Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2005-4)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document Insurance Agreement is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Trust is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityTrust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Trust under this Amendment Insurance Agreement or any other related documentsOperative Document.

Appears in 2 contracts

Samples: Insurance and Indemnity Agreement (Indymac MBS Inc), Insurance and Indemnity Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H1)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Trust is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityTrust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Trust under this Amendment Agreement or any other related documents.. 101

Appears in 1 contract

Samples: Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2007-H1)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust AgreementAgreement for Triad Automobile Receivables Trust 2005-B, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityIssuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Issuer under this Amendment Agreement or any other related documents.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document Note Purchase Agreement is executed and delivered by Wilmington Trust Company, not individually or personally, personally but solely as Trustee of FFCA Franchise Loan Owner TrusteeTrust 1998-1, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Trust is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityTrust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Person claiming by, through or under the parties hereto, hereto and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Trust under this Amendment Note Purchase Agreement or any other related documents.

Appears in 1 contract

Samples: Note Purchase Agreement (Franchise Finance Corp of America)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust AgreementAgreement for Triad Automobile Receivables Trust 2007-B, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityIssuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Issuer under this Amendment Agreement or any other related documents.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document Agreement is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trusteeowner trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Trust is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for of binding only the Issuing EntityTrust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Trust under this Amendment Agreement or any other related documents.. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

Appears in 1 contract

Samples: Aircraft Purchase Agreement (Hawaiian Holdings Inc)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document Amendment is executed and delivered by Wilmington Trust CompanyTrust, National Association, not individually or personally, but solely as Owner TrusteeTrustee of the Issuer under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Issuer is made and intended not as a personal representationsrepresentation, undertakings undertaking and agreements agreement by Wilmington Trust Company Trust, National Association but is made and intended for the purpose for of binding only the Issuing EntityIssuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust CompanyTrust, National Association 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 Person claiming by, through or under the parties hereto, (d) Wilmington Trust, National Association has made no investigation as to the accuracy or completeness of any representations and warranties made by the Issuer in this Amendment and (de) under no circumstances shall Wilmington Trust Company Trust, National Association be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Issuer under this Amendment or any the other related documents.Transaction Documents. ACTIVE 231928147

Appears in 1 contract

Samples: Ditech Agency (DITECH HOLDING Corp)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust AgreementAgreement for Triad Automobile Receivables Trust 2006-C, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing Entity, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity under this Amendment Agreement or any other related documents.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Trust is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityTrust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust 101 Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Trust under this Amendment Agreement or any other related documents.

Appears in 1 contract

Samples: Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H1)

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Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (except as expressly provided herein) (a) this document is executed and delivered by Wilmington Trust Companyand Wade, not xxt individually or personally, but solely as Owner TrusteeTrustees, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreementthem, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Owner Trustees is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but or Wade xxx is made and intended for the purpose for binding only the Issuing EntityOwner Trustees, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Companyor Wade, individually xxdividually or personally, to perform any covenant either expressed or implied contained hereinherein of the Owner Trustees, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto, (d) neither Wilmington nor Wade xxx made any investigation as to the accuracy or completeness of any representations or warranties made by the Owner Trustees in this Agreement and (de) under no circumstances shall Wilmington Trust Company be or Wade, xx personally liable for the payment of any indebtedness or expenses of the Issuing Entity Owner Trustees or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Owner Trustees under this Amendment Agreement or any other related documents.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Tucson Electric Power Co)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document Indenture is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, it pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity is Issuer are made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is are made and intended solely for the purpose for of binding only the Issuing EntityIssuer, (c) nothing contained herein contained shall be construed as creating any liability on with respect to Wilmington Trust Company, individually or personally, to perform any covenant either covenant, expressed or implied 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, hereto and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Issuer under this Amendment Indenture or any other related documents.

Appears in 1 contract

Samples: Indenture (Istar Financial Inc)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing Entity, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity under this Amendment or any other related documents.

Appears in 1 contract

Samples: NovaStar Certificates Financing CORP

Limitation of Owner Trustee Liability. It is expressly ------------------------------------- understood and agreed by the parties hereto that (a) this document Insurance Agreement is executed and delivered by Wilmington Trust Company, not individually or personally, personally but solely as Owner TrusteeTrustee of the Issuer under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityIssuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, Company 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 to this Insurance Agreement and by any person claiming by, through or under the parties hereto, them and (d) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken undertaking by the Issuing Entity Issuer under this Amendment Insurance Agreement or any other related documents.. [Insurance Agreement - signature page]

Appears in 1 contract

Samples: Insurance and Reimbursement Agreement (TFC Enterprises Inc)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document is executed and delivered by Wilmington Trust CompanyChase Manhattan Bank USA, National Association, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Trust is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company Chase Manhattan Bank USA, National Association but is made and intended for the purpose for of binding only the Issuing EntityTrust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust CompanyChase Manhattan Bank USA, National Association, individually or personally, to perform any covenant of the Trust 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 Wilmington Trust Company Chase Manhattan Bank USA, National Association be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Trust under this Amendment Agreement or any other related documents.

Appears in 1 contract

Samples: Trust Sale and Servicing Agreement (World Omni Master Owner Trust)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document Agreement is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust AgreementAgreement of the Seller, (b) each of the representations, waivers, undertakings and agreements herein made on the part of the Issuing Entity Seller is made and intended not as personal representations, waivers, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntitySeller, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 d)under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Seller or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Seller under this Amendment Agreement or any other related documents.

Appears in 1 contract

Samples: Receivable Interest Purchase Agreement (Ingersoll Rand Co LTD)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust AgreementAgreement for Triad Automobile Receivables Trust 2006-B, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityIssuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Issuer under this Amendment Agreement or any other related documents.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Triad Automobile Receivables Trust 2006-B)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document Indenture Supplement is executed and delivered by Wilmington Deutsche Bank Trust CompanyCompany Delaware, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Deutsche Bank Trust Company Delaware, but is made and intended for the purpose for binding only the Issuing EntityIssuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Deutsche Bank Trust CompanyCompany 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, (d) Deutsche Bank Trust Company Delaware has made no investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Indenture Supplement and (de) under no circumstances shall Wilmington Deutsche Bank Trust Company Delaware be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Issuer under this Amendment Indenture Supplement or any other related documents.

Appears in 1 contract

Samples: GMF Floorplan Owner Revolving Trust

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document Amendment is executed and delivered by Wilmington Trust CompanyTrust, National Association, not individually or personally, but solely as Owner TrusteeTrustee of the Issuer under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Issuer is made and intended not as a personal representationsrepresentation, undertakings undertaking and agreements agreement by Wilmington Trust Company Trust, National Association but is made and intended for the purpose for of binding only the Issuing EntityIssuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust CompanyTrust, National Association 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 Person claiming by, through or under the parties hereto, (d) Wilmington Trust, National Association has made no investigation as to the accuracy or completeness of any representations and warranties made by the Issuer in this Amendment and (de) under no circumstances shall Wilmington Trust Company Trust, National Association be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Issuer under this Amendment or any the other related documents.Transaction Documents. ACTIVE 231928019

Appears in 1 contract

Samples: DITECH HOLDING Corp

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties hereto that (a) this document is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust AgreementAgreement for Triad Automobile Receivables Trust 2007-A, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Issuer is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityIssuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Issuer under this Amendment Agreement or any other related documents.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC)

Limitation of Owner Trustee Liability. It is expressly understood and agreed by the parties that (a) this document is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity Trust is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing EntityTrust, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, 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 Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity Trust under this Amendment Agreement or any other related documents.. 100

Appears in 1 contract

Samples: Sale and Servicing Agreement (Indymac MBS Inc)

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