Limitation on Liability of Trustee. The Trustee assumes no responsibility for the correctness of the recitals contained in the Trust Agreement, the Units, the Swap Agreement and the Guarantee, or in any document issued in connection with the sale of the Units (other than the signature and authentication on the Units). The sole obligor with respect to the Underlying Securities is the related Underlying Security Issuer, with respect to the Swap Agreement is the Swap Counterparty and with respect to the Guarantee, is the Guarantor. Except as set forth in Section 10.12, the Trustee makes no representations or warranties as to the validity or sufficiency of the Trust Agreement, the Units (other than the signature and authentication on the Units), any Underlying Security, the Swap Agreement, the Guarantee or of any related document. The Trustee shall not be accountable for the use or application by the Depositor of any of the Units or of the proceeds of such Units, or for the use or application of any funds paid to the Depositor or the Swap Counterparty in respect of the Underlying Securities. The Units do not represent interests in or obligations of the Trustee and the Trustee shall not be responsible or accountable for any tax, accounting or other treatment proposed to be applied to the Units or any interest therein except as expressly provided in the Trust Agreement.
Appears in 6 contracts
Samples: Trust Agreement (MS Structured Asset Corp), Trust Agreement (MS Structured Asset Corp), Trust Agreement (MS Structured Asset Corp)
Limitation on Liability of Trustee. The Trustee assumes no responsibility for the correctness of the recitals contained in the Trust Agreement, the UnitsCertificates, the Swap Agreement and the Swap Guarantee, or in any document issued in connection with the sale of the Units Certificates (other than the signature and authentication on the UnitsCertificates). The sole obligor with respect to the Underlying Securities is the related Underlying Security Issuer, with respect to the Swap Agreement is the Swap Counterparty and with respect to the Swap Guarantee, is the Swap Guarantor. Except as set forth in Section 10.12, the Trustee makes no representations or warranties as to the validity or sufficiency of the Trust Agreement, the Units Certificates (other than the signature and authentication on the UnitsCertificates), any Underlying Security, the Swap Agreement, the Swap Guarantee or of any related document. The Trustee shall not be accountable for the use or application by the Depositor of any of the Units Certificates or of the proceeds of such UnitsCertificates, or for the use or application of any funds paid to the Depositor or the Swap Counterparty in respect of the Underlying Securities. The Units Certificates do not represent interests in or obligations of the Trustee and the Trustee shall not be responsible or accountable for any tax, accounting or other treatment proposed to be applied to the Units Certificates or any interest therein except as expressly provided in the Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Comcertz Abs Corp), Trust Agreement (Comcertz Abs Corp), Trust Agreement (Comcertz Abs Corp)
Limitation on Liability of Trustee. The Trustee assumes no responsibility for the correctness of the recitals or any other factual statements contained in the Trust Agreement, the UnitsCertificates, the Swap Agreement and the any Swap Guarantee, or in any document issued in connection with the sale of the Units (other than the signature and authentication on the Units)Certificates. The sole obligor (i) with respect to the Underlying Securities is Securities, shall be the related Underlying Security Issuer, (ii) with respect to the Swap Agreement is Agreement, shall be the Swap Counterparty and (iii) with respect to the any Swap Guarantee, is the shall be any Swap Guarantor. Except as set forth in Section 10.1210.11, the Trustee makes no representations or warranties as to the 51 60 validity or sufficiency of the Trust Agreement, the Units Certificates (other than with respect to the signature and authentication on the Unitsthereof), any Underlying Securitythe Securities, the Swap Agreement, the any Swap Guarantee or of any related document. The Trustee shall not be accountable for the use or application by the Depositor of any of the Units Certificates or of the proceeds of such Unitsthe Certificates, or for the use or application of any funds paid to the Depositor or the Swap Counterparty in respect of the Underlying Securities. The Units Certificates do not represent interests in or obligations of the Trustee and the Trustee shall not be responsible or accountable for any tax, accounting or other treatment proposed to be applied to the Units Certificates or any interest therein therein, except as expressly provided in the Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Credit & Asset Repackaging Vehicle Corp), Trust Agreement (Credit & Asset Repackaging Vehicle Corp)
Limitation on Liability of Trustee. The Trustee assumes no responsibility for the correctness of the recitals contained in the Trust Agreement, the Units, the Swap Agreement and the Guarantee, or in any document issued in connection with the sale of the Units (other than the signature and authentication on the Units). The sole obligor with respect to the Underlying Securities is the related Underlying Security Issuer, with respect to the Swap Agreement is the Swap Counterparty and with respect to the Guarantee, is the Guarantor. Except as set forth in Section 10.12, the Trustee makes no representations or warranties as to the validity or sufficiency of the Trust Agreement, the Units (other than the signature and authentication on the Units), any Underlying Security, the Swap Agreement, the Guarantee or of any related document. The Trustee shall not be accountable for the use or application by the Depositor of any of the Units or of the proceeds of such Units, or for the use or application of any funds paid to the Depositor or the Swap Counterparty in respect of the Underlying Securities. The Units do not represent interests in or obligations of the Trustee and the Trustee shall not be responsible or accountable for any tax, accounting or other treatment proposed to be applied to the Units or any interest therein except as expressly provided in the Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (MSDW Structured Asset Corp), Trust Agreement (MSDW Structured Asset Corp)
Limitation on Liability of Trustee. The Trustee assumes no responsibility for the correctness of the recitals contained in the Trust Agreement, the Units, the Swap Agreement and the Guarantee, or in any document issued in connection with the sale of the Units (other than the signature and authentication on the Units). The sole obligor with respect to the Underlying Debt Securities is the related Underlying Debt Security Issuer, with respect to the Swap Agreement is the Swap Counterparty and with respect to the Guarantee, is the Guarantor. Except as set forth in Section 10.12, the Trustee makes no representations or warranties as to the validity or sufficiency of the Trust Agreement, the Units (other than the signature and authentication on the Units), any Underlying Debt Security, the Swap Agreement, the Guarantee or of any related document. The Trustee shall not be accountable for the use or application by the Depositor of any of the Units or of the proceeds of such Units, or for the use or application of any funds paid to the Depositor or the Swap Counterparty in respect of the Underlying Debt Securities. The Units do not represent interests in or obligations of the Trustee and the Trustee shall not be responsible or accountable for any tax, accounting or other treatment proposed to be applied to the Units or any interest therein except as expressly provided in the Trust Agreement.
Appears in 1 contract
Limitation on Liability of Trustee. The Trustee assumes no responsibility for the correctness of the recitals contained in the Trust Agreement, the Units, the Swap Agreement and the Guarantee, or in any document issued in connection with the sale of the Units (other than the signature and authentication on the Units)) . The sole obligor with respect to the Underlying Securities is the related Underlying Security Issuer, with respect to the Swap Agreement is the Swap Counterparty and with respect to the Guarantee, is the Guarantor. Except as set forth in Section 10.12, the Trustee makes no representations or warranties as to the validity or sufficiency of the Trust Agreement, the Units (other than the signature and authentication on the Units)) , any Underlying Security, the Swap Agreement, the Guarantee or of any related document. The Trustee shall not be accountable for the use or application by the Depositor of any of the Units or of the proceeds of such Units, or for the use or application of any funds paid to the Depositor or the Swap Counterparty in respect of the Underlying Securities. The Units do not represent interests in or obligations of the Trustee and the Trustee shall not be responsible or accountable for any tax, accounting or other treatment proposed to be applied to the Units or any interest therein except as expressly provided in the Trust Agreement.
Appears in 1 contract
Limitation on Liability of Trustee. The Trustee assumes no responsibility for the correctness of the recitals or any other factual statements contained in the Trust Agreement, the UnitsCertificates, the Swap Agreement and the any Swap Guarantee, or in any document issued in connection with the sale of the Units (other than the signature and authentication on the Units)Certificates. The sole obligor (i) with respect to the Underlying Securities is Securities, shall be the related Underlying Security Issuer, (ii) with respect to the Swap Agreement is Agreement, shall be the Swap Counterparty and (iii) with respect to the any Swap Guarantee, is the shall be any Swap Guarantor. Except as set forth in Section 10.1210.11, the Trustee makes no representations or warranties as to the validity or sufficiency of the Trust Agreement, the Units Certificates (other than with respect to the signature and authentication on the Unitsthereof), any Underlying Securitythe Securities, the Swap Agreement, the any Swap Guarantee or of any related document. The Trustee shall not be accountable for the use or application by the Depositor of any of the Units Certificates or of the proceeds of such Unitsthe Certificates, or for the use or application of any funds paid to the Depositor or the Swap Counterparty in respect of the Underlying Securities. The Units Certificates do not represent interests in or obligations of the Trustee and the Trustee shall not be responsible or accountable for any tax, accounting or other treatment proposed to be applied to the Units Certificates or any interest therein therein, except as expressly provided in the Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Credit & Asset Repackaging Vehicle Corp)