Common use of Multiple Roles Clause in Contracts

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, acting in the multiple roles of Indenture Trustee, the Paying Agent, the successor Servicer, the Backup Servicer and the Custodian. Xxxxx Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto, except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.

Appears in 4 contracts

Samples: Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc)

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Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, acting in the multiple roles of Indenture Trustee, the Paying AgentCustodian, the successor Servicer, the Backup Back-Up Servicer and the CustodianSuccessor Servicer. Xxxxx Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture and Servicing Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto, hereto except in the case of negligence (other than errors in judgment) and ), bad faith or willful misconduct by Xxxxx Fargo Bank, National Association.

Appears in 2 contracts

Samples: Third Amended and Restated Indenture and Servicing Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp)

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the Paying AgentCustodian, the successor Servicer, the Backup Back-Up Servicer and the CustodianSuccessor Servicer. Xxxxx Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto, hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.. ARTICLE XIII

Appears in 2 contracts

Samples: Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts International, Inc.)

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, acting in the multiple roles of Indenture Trustee, the Paying AgentCustodian, the successor Servicer, the Backup Back-Up Servicer and the CustodianSuccessor Servicer. Xxxxx Fargo Bank, National Association may, in such capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture and Servicing Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto, hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp)

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Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, Association acting in the multiple roles capacities of Indenture TrusteeSecurities Intermediary, the Paying Agent, Note Registrar, Manager Transfer Facilitator, and in the successor Servicer, the Backup Servicer and the Custodiancapacity as Indenture Trustee. Xxxxx Fargo Bank, National Association may, in such multiple capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture and any other Related Documents in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto, hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.

Appears in 1 contract

Samples: Indenture (CAI International, Inc.)

Multiple Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association, Association acting in the multiple roles capacities of Indenture TrusteeSecurities Intermediary, the Depositary Bank, Paying Agent, Note Registrar, and in the successor Servicer, the Backup Servicer and the Custodiancapacity as Indenture Trustee. Xxxxx Fargo Bank, National Association may, in such multiple capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture and any other Related Documents in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto, hereto except in the case of negligence (other than errors in judgment) and willful misconduct by Xxxxx Fargo Bank, National Association.

Appears in 1 contract

Samples: Indenture (Textainer Group Holdings LTD)

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