No Duties. Except as Specified in this Agreement the Transaction Documents or in Instructions The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any document contemplated hereby to which the Owner Trustee or the Trust is a party, except as expressly provided by the terms of this Agreement, any Transaction Document to which the Owner Trustee is a Party or in any written instruction received by the Owner Trustee pursuant to Section 6.3; and no implied duties or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at anytime or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare, execute or file any tax or Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Document. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.
Appears in 7 contracts
Samples: Trust Agreement (First Horizon Asset Securities Inc), Trust Agreement (Fund America Investors Corp Ii), Trust Agreement (First Horizon Asset Sec HELOC Notes Ser 2007-He1)
No Duties. Except as Specified in this This Agreement the Transaction Documents or in Instructions Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Owner Trust EstateAssets, or to otherwise take or refrain from taking any action under, or in connection with, any document contemplated hereby to which the Owner Trustee or the Trust is a party, except as expressly provided by the terms of this Agreement, Agreement (including Section 6.02) or any Transaction Document to which the Owner Trustee is a Party document or in any written instruction received by the Owner Trustee pursuant to Article IV, the last sentence of Section 6.36.01 or Section 6.03; and no implied duties or obligations shall be read into this Agreement or any other Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at anytime any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare, execute or file any tax or Securities and Exchange Commission securities law filing (including any filings required by the Xxxxxxxx-Xxxxx Act of 2002) for the Trust or to record this Agreement or any other Transaction Document. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate Assets that result from actions by, or claims against, the Owner Trustee Trustee, in its individual capacity capacity, that are not related to the ownership or the administration of the Owner Trust EstateAssets or the transactions contemplated by the Transaction Documents.
Appears in 7 contracts
Samples: Trust Agreement (Cit Funding Co, LLC), Trust Agreement (CIT Equipment Collateral 2004-Ef1), Trust Agreement (Cit Funding Co, LLC)
No Duties. Except as Specified in this Agreement the Transaction Documents or in Instructions Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any document contemplated hereby Basic Document to which the Owner Trustee or the Trust is a partyparty or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Transaction Basic Document to which the Owner Trustee Trust is a Party party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.3; and no 6.03. No implied duties or obligations shall be read into this Agreement or any Transaction 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 anytime any time or otherwise to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare, execute prepare or file any tax or Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Basic Document. Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Trust or any other Person any filings, certificates, affidavits or other instruments required under the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by applicable law. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.
Appears in 6 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2005-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2004-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2003-C Owner Trust)
No Duties. Except as Specified in this Agreement the Transaction Documents or in Instructions Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any document contemplated hereby to which the Issuer or the Owner Trustee or the Trust is a party, except as expressly provided by the terms of this Agreement, any Transaction Document to which the Owner Trustee is a Party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.3; and no implied duties (including fiduciary duties existing at law or in equity) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at anytime any time or to otherwise perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare, execute prepare or file any tax or Securities and Exchange Commission filing (including any filings required under the Xxxxxxxx-Xxxxx Act), for the Trust Issuer or to record this Agreement or any Transaction Document. The Owner Trustee Citibank nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity Citibank that are not related to the ownership or the administration of the Trust Estate. The Owner Trustee shall have no responsibility or liability for or with respect to the genuineness, value, sufficiency or validity of the Trust Estate.
Appears in 3 contracts
Samples: Trust Agreement (Huntington Auto Trust 2016-1), Trust Agreement (Huntington Auto Trust 2016-1), Trust Agreement (Huntington Funding, LLC)
No Duties. Except as Specified in this This Agreement the Transaction Documents or in Instructions Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Owner Trust EstateAssets, or to otherwise take or refrain from taking any action under, or in connection with, any document contemplated hereby to which the Owner Trustee or the Trust is a party, except as expressly provided by the terms of this Agreement, Agreement (including Section 6.02) or any Transaction Document to which the Owner Trustee is a Party document or in any written instruction received by the Owner Trustee pursuant to Section 6.3Article IV or Sections 6.01 and 6.03; and no implied duties or obligations shall be read into this Agreement or any other Transaction Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at anytime any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare, execute or file any securities law or tax or Securities and Exchange Commission law filing (including any filings required by the Xxxxxxxx-Xxxxx Act of 2002) for the Trust or to record this Agreement or any other Transaction Document. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate Assets that result from actions by, or claims against, the Owner Trustee Trustee, in its individual capacity capacity, that are not related to the ownership or the administration of the Owner Trust EstateAssets or the transactions contemplated by the Transaction Documents.
Appears in 2 contracts
Samples: Trust Agreement (NCT Funding Co LLC), Trust Agreement (Cit Equipment Collateral 2003-Ef1)
No Duties. Except as Specified in this Agreement the Transaction Documents or in Instructions Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any document contemplated hereby Basic Document to which the Owner Trustee or the Trust is a partyparty or otherwise contemplated hereby, except as expressly provided by the terms of this Agreement, any Transaction Basic Document to which the Owner Trustee Trust is a Party party or in any document or written instruction received by the Owner Trustee pursuant to Section 6.3; and no 6.03. No implied duties or obligations shall be read into this Agreement or any Transaction 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 anytime any time or otherwise to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare, execute prepare or file any tax or Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Basic Document. The Notwithstanding anything to the contrary herein or in any Basic Document, the Owner Trustee shall not be required to execute, deliver or certify on behalf of the Trust or any other Person any filings, certificates, affidavits or other instruments required under the Sarbanes-Oxley Act of 2002, to the extent permitted by applicable law. Xxx Xxxxx Xxxstee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2004-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2003-a Owner Trust)
No Duties. Except as Specified in this Agreement the Transaction Documents or in Instructions Instructions. ------------- The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust EstateProperty or act on behalf of the Issuer, or to otherwise take or refrain from taking any action under, or in connection with, any document contemplated hereby to which the Owner Trustee or the Trust Issuer is a party, except as expressly provided by the terms of this Agreement, any Transaction Document to which the Owner Trustee is a Party Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.36.3 hereunder; and no implied duties or obligations shall be read into this Agreement or any Transaction Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for officer's certificates or certificates of compliance to be executed by the Issuer or for filing any financing or continuation statement in any public office at anytime any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare, execute prepare or file any tax or filing for the Trust with the Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Basic Document. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate Property that result from actions by, or claims against, the Owner Trustee (solely in its individual capacity capacity) and that are not related to the ownership or the administration of the Owner Trust EstateProperty.
Appears in 1 contract
Samples: Trust Agreement (United Fidelity Auto Receivables Trust 2002-A)
No Duties. Except as Specified in this Agreement the Transaction under Specified Documents or in Instructions Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, any document contemplated hereby to which the Owner Trustee or the Trust is a party, except as expressly provided by (a) in accordance with the terms of this Agreement, any Transaction Document powers granted to which and the authority conferred upon the Owner Trustee is a Party pursuant to this Trust Agreement, (b) in accordance with the Basic Documents and (c) in accordance with any document or in any written instruction received by delivered to the Owner Trustee pursuant to Section 6.34.03; and no implied duties or obligations shall be read into this Trust Agreement or any Transaction Basic Document against the Owner Trustee. The Owner Trustee shall have no responsibility for filing (i) to file any financing or continuation statement in any public office at anytime or any time, (ii) to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder hereunder, (iii) to record this Trust Agreement or any Basic Document or (iv) to prepare, execute prepare or file any tax or Securities and Exchange Commission filing for the Trust or Trust, provided, that if necessary, the Owner Trustee will execute any documents required to record this Agreement or any Transaction Documenteffectuate such filings. The Owner Trustee nevertheless agrees that it will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.
Appears in 1 contract