NOTE TRUSTEE'S LIABILITY. Nothing contained in this Deed shall, in any case in which the Note Trustee has failed to show the degree of care and diligence required of it as trustee having regard to the provisions of this Deed conferring on it any powers, authorities or discretions, (i) exempt the Note Trustee from or indemnify it against any liability for breach of trust or any liability which by virtue of any rule of law would otherwise attach to it in respect of any negligence, default, breach of duty or breach of trust of which it may be guilty in relation to its duties under this Deed or (ii) relieve the Note Trustee from liability for its own negligent action, its own negligent failure to act, on its own wilful misconduct, except as permitted in Section 315(d) of the TIA.
NOTE TRUSTEE'S LIABILITY. None of the provisions of these presents shall, in any case in which the Note Trustee has failed to show the degree of care and diligence required of it as trustee of these presents, having regard to the provisions of these presents and any of the other Transaction Documents to which the Note Trustee is a party conferring on the Note Trustee any powers, authorities or discretions, relieve or indemnify the Note Trustee against any liabilities which by virtue of any rule of law would otherwise attach to it in respect of any wilful default, wilful misconduct, breach of duty, negligence or breach of trust of which it may be guilty in relation to its duties under these presents.
NOTE TRUSTEE'S LIABILITY. 27 17. Note Trustee Contracting with the Issuer...............................27 18. Waiver, Authorisation and Determination................................28 19. Entitlement to Treat Noteholder as Absolute Owner......................30 20.
NOTE TRUSTEE'S LIABILITY. Nothing in this deed shall in any case in which the Note Trustee has failed to show the degree of care and diligence required of it as trustee having regard to the provisions of this deed conferring on it any powers, authorities or discretions exempt the Note Trustee from or indemnify it against any liability for breach of trust or any liability which by virtue of any rule of law would otherwise attach to it in respect of any wilful misconduct, negligence, default, breach of duty or breach of trust of which it may be guilty in relation to its duties under this deed.
NOTE TRUSTEE'S LIABILITY. The liability of the Class A-1 Note Trustee under this Deed is limited in the manner and to the same extent as under the Class A-1 Note Trust Deed. -------------------------------------------------------------------------------- 24. Amendment
NOTE TRUSTEE'S LIABILITY. The Class A-1 Note Trustee is a party to this Agreement in its capacity as trustee of the Class A-1
NOTE TRUSTEE'S LIABILITY. Subject to Section 750 of the Companies Xxx 0000 (if applicable) and notwithstanding anything to the contrary in this Trust Deed or any other Issuer Transaction Document, the Note Trustee shall not be liable to any person for any matter or thing done or omitted in any way in connection with or in relation to this Trust Deed or any other Issuer Transaction Documents save in relation to its own negligence, wilful default or fraud.
NOTE TRUSTEE'S LIABILITY. Nothing in this deed shall exempt the Note Trustee from or indemnify it against any liability for breach of trust or any liability in respect of any fraud, negligence, default or breach of trust of which it may be guilty in relation to its duties under this deed.
NOTE TRUSTEE'S LIABILITY. (a) Subject to paragraph (b), the Note Trustee will have no liability under or in connection with this deed or any other Transaction Document (whether to the Offshore Noteholders, the Trustee, the Manager or any other person) other than to the extent to which the liability is able to be satisfied out of the assets of the Note Trust from which the Note Trustee is actually indemnified for the liability.
NOTE TRUSTEE'S LIABILITY. None of the provisions of these presents shall, in any case in which the Note Trustee has failed to show the degree of care and diligence required of it as trustee of these presents, ------------------------------------------------------------------------------- 29 ------------------------------------------------------------------------------- having regard to the provisions of these presents and any of the other Transaction Documents to which the Note Trustee is a party conferring on the Note Trustee any powers, authorities or discretions, relieve or indemnify the Note Trustee against any liabilities which by virtue of any rule of law would otherwise attach to it in respect of any wilful default, wilful misconduct, breach of duty, negligence or breach of trust of which it may be guilty in relation to its duties under these presents.
