Common use of No Duties Except as Specified Clause in Contracts

No Duties Except as Specified. (a) The Trustees shall not have any duty or obligation to manage, control, use, sell, dispose of or otherwise deal with any of the LLC Interest or any other part of the Trust Estate, to perform any obligation of the Trust under any of the Operative Documents or otherwise to take or refrain from taking any action under, or in connection with, any Operative Document to which the Trust is a party, except as expressly required by the terms hereof or in written instructions received pursuant to Section 4.1 or 4.2 from the Owner; and no implied duties or obligations shall be read into this Agreement or any other Operative Document to which the Trust is a party against any of the Trustees. (b) Notwithstanding the provisions of Section 4.4(a), each Trustee agrees that it will, at its own cost and expense (without any right of indemnity in respect of any such cost or expense under Section 6.1), promptly take such action as may be necessary duly to discharge and satisfy in full: (i) all Liens against the Trust Estate attributable to such Trustee in its individual capacity; (ii) any Liens created as a result of a breach by such Trustee of its individual obligations under this Agreement (subject to the limitations on liability set forth in Section 5.9) on any part of the Trust Estate, or on any properties of the Trust assigned, pledged or mortgaged as part of the Trust Estate, which arise from acts of such Trustee in its individual capacity, and (iii) any other Liens attributable to such Trustee in its individual capacity on any part of the Trust Estate which result from claims against such Trustee in its individual capacity unrelated to the ownership of the LLC Interest, the administration of the Trust Estate or the transactions contemplated by the Operative Documents.

Appears in 2 contracts

Samples: Trust Agreement (Main Place Funding LLC), Trust Agreement (Main Place Funding LLC)

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No Duties Except as Specified. (a) in this Agreement or in ------------------------------------------------------ Instructions. The Trustees Owner Trustee shall not have any duty or obligation to manage, control------------ make any payment with respect to, useregister, record, sell, dispose of of, or otherwise deal with any of the LLC Interest or any other part of the Owner Trust Estate, or to perform any obligation of the Trust under any of the Operative Documents or otherwise to take or refrain from taking any action under, or in connection with, any Operative Document document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly required provided by the terms hereof of this Agreement or in any document or written instructions instruction received by the Owner Trustee pursuant to Section 4.1 or 4.2 from the Owner5.3; and no implied duties or obligations shall be read into this Agreement or any other Operative Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to which otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Commission filing for the Trust is a party against or to record this Agreement or any of the Trustees. (b) Notwithstanding the provisions of Section 4.4(a), each Basic Document. The Owner Trustee nevertheless agrees that it will, at its own cost and expense (without any right of indemnity in respect of any such cost or expense under Section 6.1)expense, promptly take such all action as may be necessary duly to discharge and satisfy in full: (i) all Liens against the Trust Estate attributable to such Trustee in its individual capacity; (ii) any Liens created as a result of a breach by such Trustee of its individual obligations under this Agreement (subject to the limitations on liability set forth in Section 5.9) on any part of the Owner Trust EstateEstate that result from actions by, or on any properties of claims against, the Trust assigned, pledged or mortgaged as part of the Trust Estate, which arise from acts of such Owner Trustee (solely in its individual capacity, ) and (iii) any other Liens attributable to such Trustee in its individual capacity on any part of the Trust Estate which result from claims against such Trustee in its individual capacity unrelated that are not related to the ownership of the LLC Interest, or the administration of the Owner Trust Estate or the transactions contemplated by the Operative DocumentsEstate.

Appears in 1 contract

Samples: Trust Agreement (Americredit Financial Services Inc)

No Duties Except as Specified. (a) in this Agreement or in ----------------------------------------------------- Instructions. The Trustees Owner Trustee shall not have any duty or obligation to ------------ manage, controlmake any payment with respect to, useregister, record, sell, dispose of of, or otherwise deal with any of the LLC Interest or any other part of the Owner Trust Estate, or to perform any obligation of the Trust under any of the Operative Documents or otherwise to take or refrain from taking any action under, or in connection with, any Operative Document document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly required provided by the terms hereof of this Agreement or in any document or written instructions instruction received by the Owner Trustee pursuant to Section 4.1 or 4.2 from the Owner5.3; and no implied duties or obligations shall be read into this Agreement or any other Operative Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to which otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Commission filing for the Trust is a party against or to record this Agreement or any of the Trustees. (b) Notwithstanding the provisions of Section 4.4(a), each Basic Document. The Owner Trustee nevertheless agrees that it will, at its own cost and expense (without any right of indemnity in respect of any such cost or expense under Section 6.1)expense, promptly take such all action as may be necessary duly to discharge and satisfy in full: (i) all Liens against the Trust Estate attributable to such Trustee in its individual capacity; (ii) any Liens created as a result of a breach by such Trustee of its individual obligations under this Agreement (subject to the limitations on liability set forth in Section 5.9) on any part of the Owner Trust EstateEstate that result from actions by, or on any properties of claims against, the Trust assigned, pledged or mortgaged as part of the Trust Estate, which arise from acts of such Owner Trustee (solely in its individual capacity, ) and (iii) any other Liens attributable to such Trustee in its individual capacity on any part of the Trust Estate which result from claims against such Trustee in its individual capacity unrelated that are not related to the ownership of the LLC Interest, or the administration of the Owner Trust Estate or the transactions contemplated by the Operative DocumentsEstate.

Appears in 1 contract

Samples: Trust Agreement (Americredit Financial Services Inc)

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No Duties Except as Specified. (a) in this Agreement or in ----------------------------------------------------- Instructions. The Trustees Owner Trustee shall not have any duty or obligation to ------------ manage, controlmake any payment with respect to, useregister, record, sell, dispose of of, or otherwise deal with any of the LLC Interest Trust or any other part of the Trust Estate, or to perform any obligation of the Trust under any of the Operative Documents or otherwise to take or refrain from taking any action under, or in connection with, any Operative Document document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly required provided by the terms hereof of this Agreement or in any document or written instructions instruction received by the Owner Trustee pursuant to Section 4.1 or 4.2 from the Owner5.03; and no implied duties or obligations shall be read into this Agreement any Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for any filing or recording, including filing any other Operative Document financing or continuation statement in any public office at any time or to which otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any Commission filing for the Trust is a party against or to record any of the Trustees. (b) Notwithstanding the provisions of Section 4.4(a), each Trustee Transaction Document. The Trust Company nevertheless agrees that it will, at its own cost and expense (without any right of indemnity in respect of any such cost or expense under Section 6.1)expense, promptly take such all action as may be necessary duly to discharge and satisfy in full: (i) all Liens against the Trust Estate attributable to such Trustee in its individual capacity; (ii) any Liens created as a result of a breach by such Trustee of its individual obligations under this Agreement (subject to the limitations on liability set forth in Section 5.9) on any part of the Trust Estate, or on any properties of the Trust assigned, pledged or mortgaged as part of the Trust Estate, which arise from acts of such Trustee in its individual capacity, and (iii) any other Liens attributable to such Trustee in its individual capacity liens on any part of the Trust Estate which that result from actions by, or claims against such Trustee in its individual capacity unrelated against, the Trust Company that are not related to the ownership of the LLC Interest, or the administration of the Trust Estate or the transactions contemplated by the Operative Transaction Documents.

Appears in 1 contract

Samples: Trust Agreement (Household Credit Card Master Note Trust I)

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