Common use of No Duties Except as Specified in Trust Agreement or Instructions Clause in Contracts

No Duties Except as Specified in Trust Agreement or Instructions. The Owner Trustee shall not have any duty or obligation to manage, control, use, sell, dispose of or otherwise deal with the Aircraft or any other part of the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with any of the Operative Documents to which the Owner Trustee is a party, except as expressly required by the terms of any of the Operative Documents to which the Owner Trustee is a party, or (to the extent not inconsistent with the provisions of the Trust Indenture) as expressly provided by the terms hereof or in written instructions from the Owner Participant received pursuant to the terms of Section 5.01 or 5.02, and no implied duties or obligations shall be read into this Trust Agreement against the Owner Trustee. FSB agrees that it will, in its individual capacity and at its own cost or expense (but without any right of indemnity in respect of any such cost or expense under Section 7.01 hereof) promptly take such action as may be necessary to duly discharge and satisfy in full (i) all Lessor Liens which it is required to discharge pursuant to Section 7(f) of the Participation Agreement and otherwise comply with the terms of said Section binding on it, (ii) any Liens (other than Lessor's Liens attributable to it in its individual capacity) created as a result of its breach of any of its obligations under this Trust Agreement on any part of the Trust Estate, or on properties of the Owner Trustee assigned, pledged or mortgaged as part of the Trust Estate, which arise from acts of FSB in its individual capacity except the Lien created under the Trust Indenture, the rights of the Lessee under the Lease and the rights of the Owner Participant hereunder and (iii) any other Liens from claims against FSB in its individual capacity on any part of the Trust Estate which result from claims against FSB in its individual capacity unrelated to the ownership of the Aircraft, the administration of the Trust Estate or the transactions contemplated by the Operative Documents.

Appears in 3 contracts

Samples: Trust Agreement (Us Airways Inc), Trust Agreement (Us Airways Inc), Trust Agreement (Us Airways Inc)

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No Duties Except as Specified in Trust Agreement or Instructions. The Owner Trustee shall not have any duty or obligation to manage, control, use, sell, dispose of or otherwise deal with the Aircraft or any other part of the Trust Estate, or otherwise to otherwise take or refrain from taking any action under, or in connection with any of the Operative Documents Agreements to which the Owner Trustee is a party, except as expressly required by the terms of any of the Operative Documents Agreements to which the Owner Trustee is a party, or (to the extent not inconsistent with the provisions of the Trust Indenture) as expressly provided by the terms hereof or in written instructions from the Owner Participant received pursuant to the terms of Section 5.01 or 5.02, and no implied duties or obligations shall be read into this Trust Agreement or any of the Operative Agreements to which the Owner Trustee is a party against the Owner Trustee. FSB The Owner Trustee nevertheless agrees that it will, in its individual capacity and at its own cost or and expense (but without any right of indemnity in respect of any such cost or expense under Section 7.01 hereof7.01) promptly take such action as may be necessary duly to duly discharge and satisfy in full (i) all Lessor Lessor's Liens which it is required attributable to discharge pursuant to Section 7(f) of the Participation Agreement and otherwise comply with the terms of said Section binding on itOwner Trustee in its individual capacity, (ii) any Liens (other than Lessor's Liens attributable to it in its individual capacity) created as a result of its breach of any of its obligations under this Trust Agreement (subject to the limitations on the liability of the Owner Trustee in its individual capacity set forth in Section 6.01) on any part of the Trust Estate, or on any properties of the Owner Trustee assigned, pledged or mortgaged as part of the Trust Estate, which arise from acts of FSB the Owner Trustee in its individual capacity capacity, except the Lien created under the Trust Indenture, the rights of the Lessee under the Lease and the rights of the Owner Participant hereunder hereunder, and (iii) any other Liens from claims against FSB or encumbrances attributable to the Owner Trustee in its individual capacity on any part of the Trust Estate which result from claims against FSB the Owner Trustee in its individual capacity unrelated to the ownership of the Aircraft, the administration of the Trust Estate or the transactions contemplated by the Operative DocumentsAgreements.

Appears in 2 contracts

Samples: Note Purchase Agreement (Midway Airlines Corp), Trust Agreement (Midway Airlines Corp)

No Duties Except as Specified in Trust Agreement or Instructions. The Owner Trustee shall not have any duty or obligation to manage, control, use, sell, dispose of or otherwise deal with the Aircraft or any other part of the Trust Estate, or otherwise to otherwise take or refrain from taking any action under, or in connection with any of the Operative Documents Agreements to which the Owner Trustee is a party, except as expressly required by the terms of any of the Operative Documents Agreements to which the Owner Trustee is a party, or (to the extent not inconsistent with the provisions of the Trust Indenture) as expressly provided by the terms hereof or in written instructions from the Owner Participant received pursuant to the terms of Section 5.01 or 5.02, and no implied duties or obligations shall be read into this Trust Agreement or any of the Operative Agreements to which the Owner Trustee is a party against the Owner Trustee. FSB The Owner Trustee nevertheless agrees that it will, in its individual capacity and at its own cost or and expense (but without any right of indemnity in respect of any such cost or expense under Section 7.01 hereof7.01) promptly take such action as may be necessary duly to duly discharge and satisfy in full (i) all Lessor Lessor's Liens which it is required attributable to discharge pursuant to Section 7(f) of the Participation Agreement and otherwise comply with the terms of said Section binding on itOwner Trustee in its individual capacity, (ii) any Liens (other than Lessor's Liens attributable to it in its individual capacity) created as a result of its breach of any of its obligations under this Trust Agreement (subject to the limitations on the liability of the Owner Trustee in its individual capacity set forth in Section 6.01) on any part of the Trust Estate, or on any properties of the Owner Trustee assigned, pledged or mortgaged as part of the Trust Estate, which arise from acts of FSB the Owner Trustee in its individual capacity except the Lien created under the Trust Indenturecapacity, the rights of the Lessee under the Lease and the rights of the Owner Participant hereunder hereunder, and (iii) any other Liens from claims against FSB or encumbrances attributable to the Owner Trustee in its individual capacity on any part of the Trust Estate which result from claims against FSB the Owner Trustee in its individual capacity unrelated to the ownership of the Aircraft, the administration of the Trust Estate or the transactions contemplated by the Operative DocumentsAgreements.

Appears in 2 contracts

Samples: Trust Agreement (Republic Airways Holdings Inc), Trust Agreement (Republic Airways Holdings Inc)

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No Duties Except as Specified in Trust Agreement or Instructions. The Owner Trustee shall not have any duty or obligation to manage, control, use, make any payment in respect of, record, insure, inspect, sell, dispose of or otherwise deal with the Aircraft Facility or the Head Lease Interest or any other part of the Trust Estate, or to otherwise take or refrain from taking any action under, under or in connection with any of the Operative Documents Document to which the Owner Trustee Trust is a party, except as expressly required provided by the terms of any of the Operative Documents to which the Owner Trustee is a party, or (to the extent not inconsistent with the provisions of the this Trust Indenture) as expressly provided by the terms hereof Agreement or in written instructions from the Owner Participant received pursuant to the terms of Section 5.01 5.01, 5.02 or 5.02, 6.07 hereof; and no implied duties or obligations shall be read into this Trust Agreement against the Owner Trustee. FSB The Trust Company nevertheless agrees that it will, in its individual capacity and at its own cost or and expense (but without any right of indemnity in respect of any such cost or expense under Section 5.03 or 7.01 hereof) ), promptly take such all action as may be necessary to duly discharge and satisfy in full (i) all Lessor any Lessor’s Liens which it is required attributable to discharge pursuant to Section 7(f) the Trust Company on any part of the Participation Agreement and otherwise comply with the terms of said Section binding on it, Trust Estate; (ii) any Liens (other than Lessor's ’s Liens attributable to it in its individual capacitythe Trust Company) created as a result of its breach of any of its obligations under this Trust Agreement on any part of the Trust EstateEstate or the Excepted Property, or on any properties of the Owner Trustee Trust assigned, pledged or mortgaged as part of the Trust Estate, which arise from acts of FSB in its individual capacity the Trust Company, except the Lien created under of the Trust IndentureLoan Agreement, the rights of the Lessee Lessees under the Lease and the rights of the Owner Participant hereunder hereunder; and (iii) any other Liens from claims against FSB in its individual capacity attributable to the Trust Company on any part of the Trust Estate or the Excepted Property which result from claims against FSB in its individual capacity the Trust Company unrelated to the ownership of the AircraftHead Lease Interest, the administration of the Trust Estate or the transactions contemplated by the Operative Documents.

Appears in 1 contract

Samples: Trust Agreement

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