Multiple Roles. The parties expressly acknowledge and consent to Wxxxx Fargo Bank, National Association, acting in the multiple roles of Indenture Trustee, the Paying Agent, the successor Servicer, the Backup Servicer and the Custodian. Wxxxx 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 Wxxxx 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 Wxxxx Fargo Bank, National Association.
Appears in 3 contracts
Samples: Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc)
Multiple Roles. The parties expressly acknowledge and consent to Wxxxx Xxxxx Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of Indenture Trustee, the Paying Agent, the successor Servicer, the Backup Servicer and in the Custodiancapacity as Indenture Trustee and Trust Collateral Agent. Wxxxx Xxxxx Fargo Bank, National Association may, in such capacitiesdual capacity, 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 Wxxxx Xxxxx Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document 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 Wxxxx Xxxxx Fargo Bank, National Association.. [THIS SPACE LEFT INTENTIONALLY BLANK]
Appears in 1 contract
Multiple Roles. The parties expressly acknowledge and consent to Wxxxx 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. Wxxxx 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 Wxxxx 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 Wxxxx Fargo Bank, National Association.
Appears in 1 contract
Samples: Indenture (Sunterra Corp)
Multiple Roles. The parties expressly acknowledge and consent to Wxxxx Fargo Bank, National Association, Association acting in the multiple roles possible dual capacity of successor Servicer and in the capacities of Indenture Trustee, the Paying Trustee and Trust Collateral Agent, the successor Servicer, the Backup Servicer and the Custodian. Wxxxx Fargo Bank, National Association may, in such capacitiesdual capacity, 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 Wxxxx Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document 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 Wxxxx Fargo Bank, National Association.. [THIS SPACE LEFT INTENTIONALLY BLANK]
Appears in 1 contract
Samples: Indenture (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to Wxxxx Xxxxx Fargo Bank, National Association, acting in the multiple roles of the Indenture Trustee, the Paying AgentHedge Collateral Account Bank, the successor ServicerCustodian, the Backup Back-Up Servicer and the CustodianSuccessor Servicer. Wxxxx 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 Wxxxx 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 Wxxxx Xxxxx Fargo Bank, National Association.
Appears in 1 contract