Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03) or the Notes, or of any Receivable or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or to the Noteholders under the Indenture, including the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller or the Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, or any action of the Administrator, the Indenture Trustee or the Servicer taken in the name of the Owner Trustee.
Appears in 3 contracts
Samples: Trust Agreement (Wachovia Auto Owner Trust 2005-B), Trust Agreement (Wachovia Auto Owner Trust 2004-B), Trust Agreement (Wachovia Auto Owner Trust 2005-A)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates, and the direction of the Owner Trustee, on behalf of the Trust, to the Indenture Trustee on relating to the Certificates and the representations and warranties in Section 7.03) or execution of the Notes, ). The Owner Trustee shall have no obligation to perform any of the duties of the Servicer or of any Receivable or related documentsAdministrator unless explicitly set forth in this Agreement. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under and the Indenture, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee's receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, PROVIDED, HOWEVER, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 3 contracts
Samples: Trust Agreement (Nissan Auto Receivables Corp /De), Trust Agreement (Toyota Motor Credit Receivables Corp), Trust Agreement (Toyota Motor Credit Receivables Corp)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under the Indenture, as applicable, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any 18 (Nissan 2013-A Amended & Restated Trust Agreement) Table of Contents Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2013-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2013-a Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under the Indenture, as applicable, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Trust of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner Trustee.Certificates. 21 (Nissan 2013-C Amended & Restated Trust Agreement)
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2013-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2013-C Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Issuer of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate Issuer or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under the Indenture, as applicable, including the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; without limitation the validity of the assignment of any Receivable the Receivables to the Issuer or of any intervening assignment; the existence, condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any physical damage or credit life or credit disability insurance; the existence and contents of any retail installment sales contract or any computer or other record thereof; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Issuer with any covenant or the Servicer with breach by the Issuer of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Issuer or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner Trustee.Certificates. 24 (NAROT 2018-C Amended & Restated Trust Agreement)
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2018-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2018-C Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes Co-Trustees make no representations as to the validity or sufficiency of this Agreement, of any other Basic Document, Document or of the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03Certificates) or the Notes, or of any Receivable or related documents. The Owner Trustee Trustee, the Delaware Trustee, [___________________] and [___________________] shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or to the Noteholders under the Indenture, including including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller Depositor or the Servicer with any warranty or representation made under any Basic Document or in any related document document, or the accuracy of any such warranty or representation, representation or any action of the AdministratorIndenture Trustee, the Indenture Trustee Administrator or the Servicer or any subservicer taken in the name of the Owner Trustee or the Delaware Trustee.
Appears in 2 contracts
Samples: Trust Agreement (Ford Credit Auto Receivables Two L P), Trust Agreement (Ford Credit Auto Receivables Two LLC)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03) or the Notes, or of any Receivable or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or to the Noteholders under the Indenture, including the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller or the Master Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, or any action of the Administrator, the Indenture Trustee or the Master Servicer taken in the name of the Owner Trustee.
Appears in 2 contracts
Samples: Trust Agreement (Wachovia Auto Owner Trust 2006-A), Trust Agreement (Pooled Auto Securities Shelf LLC)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the DepositorTransferor or the Servicer, as the case may be, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes shall make no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03) or the NotesCertificates), or of any Receivable or related documentsdocument. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity validity, and enforceability of any security interest in any Financed Vehicle or any Receivable, or the perfection and priority of any such a security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders or the Noteholders under this Agreement or to the Noteholders under the Indenture, including including, without limitation: the existence, condition condition, location, and ownership of any Financed Vehicle; the existence and enforceability of any physical damage insurance, lender's single interest insurance, or credit life or disability and hospitalization insurance thereonwith respect to any Receivable; the existence and contents of any Receivable on or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller Transferor or the TRUST AND SERVICING AGREEMENT Servicer with any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representationrepresentation prior to the Owner Trustee's receipt of notice or other discovery of any noncompliance therewith or any breach thereof; any investment of monies by the Servicer or any loss resulting therefrom (it being understood that the Owner Trustee shall remain responsible for any Trust property that it may hold); the acts or omissions of the Transferor, the Servicer, or any Obligor; an action of the Administrator, the Indenture Trustee or the Servicer taken in the name of the Owner Trustee; or any action by the Owner Trustee taken at the instruction of the Servicer; provided, however, that the foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. Except with respect to a claim based on the failure of the Owner Trustee to perform its duties under this Agreement or based on the Owner Trustee's negligence or willful misconduct, no recourse shall be had for any claim based on any provision of this Agreement, the Certificateholders or the Noteholders, or any Receivable or assignment thereof against the Owner Trustee in its individual capacity, the Owner Trustee shall not have any personal obligation, liability, or duty whatsoever to any Certificateholders or the Noteholders or any other Person with respect to any such claim, and any such claim shall be asserted solely against the Trust or any indemnitor who shall furnish indemnity as provided in this Agreement. The Owner Trustee shall not be accountable for the use or application by the Transferor of any of the Certificates or Notes or of the proceeds thereof, or for the use or application of any funds paid to the Transferor or the Servicer in respect of the Receivables.
Appears in 2 contracts
Samples: Trust and Servicing Agreement (Bay View Deposit CORP), Trust and Servicing Agreement (Bay View Transaction Corp)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Issuer of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate Issuer or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under the Indenture, as applicable, including the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; without limitation the validity of the assignment of any Receivable the Receivables to the Issuer or of any intervening assignment; the existence, condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any physical damage or credit life or credit disability insurance; the existence and contents of any retail installment sales contract or any computer or other record thereof; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Issuer with any covenant or the Servicer with breach by the Issuer of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee’s receipt of notice or other discovery of any 24 (NAROT 2019-B Amended & Restated Trust Agreement) noncompliance therewith or any breach thereof; the acts or omissions of the Issuer or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2019-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2019-B Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under the Indenture, as applicable, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Trust of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner Trustee.Certificates. 21 (Nissan 2014-B Amended & Restated Trust Agreement)
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2014-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2014-B Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature of the Owner Trustee and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the DepositorDepositor and the Company, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Document or of the Certificates (other than the signature of the Owner Trustee and the certificate of authentication on the Certificates) or the Notes (other than the signature of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03) or the Notes), or of any Receivable or related documentsdocument. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability the sufficiency to generate the payments to be distributed to the Certificateholders under this Agreement or to the Noteholders under the Indenture, including including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller Company or the Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, representation or any action of the Administrator, the Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.
Appears in 2 contracts
Samples: Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Issuer of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate Issuer or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under the Indenture, as applicable, including the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; without limitation the validity of the assignment of any Receivable the Receivables to the Issuer or of any intervening assignment; the existence, condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any physical damage or credit life or credit disability insurance; the existence and contents of any retail installment sales contract or any computer or other record thereof; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Issuer with any covenant or the Servicer with breach by the Issuer of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Issuer or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner Trustee.Certificates. 24 (NAROT 2023-B Amended & Restated Trust Agreement)
Appears in 2 contracts
Samples: Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Issuer of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate Issuer or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under the Indenture, as applicable, including the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; without limitation the validity of the assignment of any Receivable the Receivables to the Issuer or of any intervening assignment; the existence, condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any physical damage or credit life or credit disability insurance; the existence and contents of any retail installment sales contract or any computer or other record thereof; the completeness of any Receivableretail installment sales 24 (NAROT 2019-A Amended & Restated Trust Agreement) contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Issuer with any covenant or the Servicer with breach by the Issuer of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Issuer or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2019-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2019-a Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the DepositorSeller or the Servicer, as the case may be, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes shall make no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03) or the NotesCertificates), or of any Receivable or related documentsdocument. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity validity, and enforceability of any security interest in any Financed Vehicle or any Receivable, or the perfection and priority of any such a security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Certificateholder or the Noteholders under this Agreement or to the Noteholders under the Indenture, including including, without limitation: the existence, condition condition, location, and ownership of any Financed Vehicle; the existence and enforceability of any physical damage insurance, lender's single interest insurance, or credit life or disability and hospitalization insurance thereonwith respect to any Receivable; the existence and contents of any Receivable on or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller or the Servicer with any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representationrepresentation prior to the Owner Trustee's receipt of notice or other discovery of any noncompliance therewith or any breach thereof; any investment of monies by the Servicer or any loss resulting therefrom (it being understood that the Owner Trustee shall remain responsible for any Trust property that it may hold); the acts or omissions of the Seller, the Servicer, or any Obligor; an action of the Administrator, the Indenture Trustee or the Servicer taken in the name of the Owner Trustee; or any action by the Owner Trustee taken at the instruction of the Servicer; provided, however, that the foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. Except with respect to a claim based on the failure of the Owner Trustee to perform its duties under this Agreement or based on the Owner Trustee's negligence or willful misconduct, no recourse shall be had for any claim based on any provision of this Agreement, the Certificateholder or the Noteholders, or any Receivable or assignment thereof against the Owner Trustee in its individual capacity, the Owner Trustee shall not have any personal obligation, liability, or duty whatsoever to any Certificateholder or the Noteholders or any other Person with respect to any such claim, and any such claim shall be asserted solely against the Trust or any indemnitor who shall furnish indemnity as provided in this Agreement. The Owner Trustee shall not be accountable for the use or application by the Seller of any of the Certificates or Notes or of the proceeds thereof, or for the use or application of any funds paid to the Seller or the Servicer in respect of the Receivables.
Appears in 2 contracts
Samples: Trust and Servicing Agreement (Uacsc Auto Trusts), Trust and Servicing Agreement (Bay View Securitization Corp)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under the Indenture, as applicable, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Trust of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner Trustee.Certificates. 21 (Nissan 2013-B Amended & Restated Trust Agreement)
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2013-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2013-B Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Issuer of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate Issuer or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under the Indenture, as applicable, including the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; without limitation the validity of the assignment of any Receivable the Receivables to the Issuer or of any intervening assignment; the existence, condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any physical damage or credit life or credit disability insurance; the existence and contents of any retail installment sales contract or any computer or other record thereof; the completeness of any Receivableretail installment sales 24 (NAROT 2019-C Amended & Restated Trust Agreement) contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Issuer with any covenant or the Servicer with breach by the Issuer of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Issuer or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2019-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2019-C Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate countersignature of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any other Basic Document, Document or of the Certificates (other than the signature and the certificate countersignature of authentication of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03Certificates) or the Notes, or of any Receivable or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or to the Noteholders under the Indenture, including including: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller Depositor or the Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, representation or any action of the AdministratorIndenture Trustee, the Indenture Trustee any Paying Agent, Administrator or the Servicer or any subservicer taken in the name of the Owner Trustee.. TRUST AGREEMENT
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03Servicer or Administrator. 23 (Nissan 2005-B Amended & Restated Trust Agreement) or the Notes, or of any Receivable or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under and the Indenture, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 1 contract
Samples: Trust Agreement (Nissan Auto Receivables 2005-B Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under and the Indenture, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee's receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the (Nissan 2003-A Amended & Restated Trust Agreement) proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 1 contract
Samples: Trust Agreement (Nissan Auto Receivables 2003-a Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under and the Indenture, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee's receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the (Nissan 2003-B Amended & Restated Trust Agreement) proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 1 contract
Samples: Trust Agreement (Nissan Auto Receivables 2003-B Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication counter signature of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes Co-Trustees make no representations as to the validity or sufficiency of this Agreement, of any other Basic Document, Document or of the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03Certificates) or the Notes, or of any Receivable or related documents. The Owner Trustee Trustee, the Delaware Trustee, The Bank of New York and The Bank of New York (Delaware) shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or to the Noteholders under the Indenture, including including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller Depositor or the Servicer with any warranty or representation made under any Basic Document or in any related document document, or the accuracy of any such warranty or representation, representation or any action of the AdministratorIndenture Trustee, the Indenture Trustee Administrator or the Servicer or any subservicer taken in the name of the Owner Trustee or the Delaware Trustee.
Appears in 1 contract
Samples: Trust Agreement (Ford Credit Auto Receivables Two L P)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, [_______] and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Related Document, the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates and Certificates), the representations and warranties in Section 7.03Notes (other than the signature of the Owner Trustee on the Notes) or the Notes, or of any Receivable or related documentsdocuments (other than enforceability against the Owner Trustee). The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or (except as required by the Indenture) the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate Property or its ability to generate the payments to be distributed to the Certificateholders Certificateholder(s) under this Agreement or to the Noteholders under the Indenture, including including: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor[_____], [_______], the Seller Servicer or the Servicer any other Person with any warranty or representation made under any Basic Related Document or in any related document or the accuracy of any such warranty or representation, representation or any action of the Administrator, the Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes Co-Trustees make no representations as to the validity or sufficiency of this Agreement, of any other Basic Document, Document or of the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03Certificates) or the Notes, or of any Receivable or related documents. The Owner Trustee Trustee, the Delaware Trustee, The Bank of New York and The Bank 38 44 of New York (Delaware) shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or to the Noteholders under the Indenture, including including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller Depositor or the Servicer with any warranty or representation made under any Basic Document or in any related document document, or the accuracy of any such warranty or representation, representation or any action of the AdministratorIndenture Trustee, the Indenture Trustee Administrator or the Servicer or any subservicer taken in the name of the Owner Trustee or the Delaware Trustee.
Appears in 1 contract
Samples: Trust Agreement (Ford Credit Auto Receivables Two L P)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication counter-signature of the Owner Trustee on the Certificates) shall be taken as the statements of TFC and the DepositorSeller, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any other Basic Document, of the Certificates (other than the signature and the certificate of authentication countersignature, if any, of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03Certificates) or of the Notes, or of any Receivable or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any ReceivableReceivables, or the perfection and priority of any security interest created by any Receivable Receivables in any of the Financed Vehicle Assets or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or to the Noteholders under the IndentureInterestholders, including including: (a) the existence, condition and ownership of any Financed Vehicle; Equipment, (b) the existence and enforceability of any insurance thereon; , (c) the existence and contents of any Receivable Receivables on any computer or other record thereof; , (d) the validity of the assignment of any Receivable to the Issuer Trust or of any intervening assignment; the completeness of any Receivable; , (e) the performance or enforcement of any Receivable; Receivables, and (f) the compliance by the DepositorTFC, the Seller or the Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, representation or any action of TFC, the Seller, the Indenture Trustee, the Administrator, the Indenture Trustee Servicer or the Servicer any subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under and the Indenture, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee's receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. (Nissan 2004-B Amended & Restated Trust Agreement) The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 1 contract
Samples: Trust Agreement (Nissan Auto Receivables 2004-B Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, Depositor and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any other Basic Document, Document or of the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03Certificates) or the Notes (other than the signature of the Owner Trustee on the Notes), or of any Receivable or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or to the Noteholders under the Indenture, including including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller Master Servicer or the Servicer any other Person with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, representation or any action of the Administrator, the Indenture Trustee or the Master Servicer or any subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Samples: Trust Agreement (Advanta Automobile Receivables 1998-1)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under and the Indenture, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee's receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. (Nissan 2005-A Amended & Restated Trust Agreement) The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 1 contract
Samples: Trust Agreement (Nissan Auto Receivables 2005-a Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes Co- Trustees make no representations as to the validity or sufficiency of this Agreement, of any other Basic Document, Document or of the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03Certificates) or the Notes, or of any Receivable or related documents. The Owner Trustee Trustee, the Delaware Trustee, The Bank of New York and The Bank of New York (Delaware) shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or to the Noteholders under the Indenture, including including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller Depositor or the Servicer with any warranty or representation made under any Basic Document or in any related document document, or the accuracy of any such warranty or representation, representation or any action of the AdministratorIndenture Trustee, the Indenture Trustee Administrator or the Servicer or any subservicer taken in the name of the Owner Trustee or the Delaware Trustee.
Appears in 1 contract
Samples: Trust Agreement (Ford Credit Auto Receivables Two L P)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to Securityholders [and the Certificateholders Swap Counterparty] under this Agreement or to the Noteholders under the Indenture, as applicable, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to Securityholders [and the Certificateholders [Swap Counterparty][Cap Provider]] under this Agreement or to the Noteholders under and the Indenture, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03) or the Notes, or of any Receivable or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Certificateholders, under this Agreement or to the Noteholders under the Indenture, including the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller or the Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, or any action of the Administrator, the Indenture Trustee or the Servicer taken in the name of the Owner Trustee.
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under and the Indenture, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the (Nissan 2004-C Amended & Restated Trust Agreement) existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee's receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 1 contract
Samples: Trust Agreement (Nissan Auto Receivables 2004-C Owner Trust)
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate countersignature of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any other Basic Document, Document or of the Certificates (other than the signature and the certificate countersignature of authentication of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03Certificates) or the Notes, or of any Receivable or related documents. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or to the Noteholders under the Indenture, including including: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller Depositor or the Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of 19 TRUST AGREEMENT 25 any such warranty or representation, representation or any action of the AdministratorIndenture Trustee, the Indenture Trustee any Paying Agent, Administrator or the Servicer or any subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, TFSPC II and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Related Document, the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates and Certificates), the representations and warranties in Section 7.03Notes (other than the signature of the Owner Trustee on the Notes) or the Notes, or of any Receivable or related documentsdocuments (other than enforceability against the Owner Trustee). The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or (except as required by the Indenture) the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate Property or its ability to generate the payments to be distributed to the Certificateholders Certificateholder(s) under this Agreement or to the Noteholders under the Indenture, including including: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the DepositorABSC, TFSPC II, the Seller Servicer or the Servicer any other Person with any warranty or representation made under any Basic Related Document or in any related document or the accuracy of any such warranty or representation, representation or any action of the Administrator, the Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to Securityholders [and the Certificateholders Swap Counterparty] under this Agreement or to the Noteholders under and the Indenture, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee’s receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, provided, however, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, any other Basic Document, Agreement or of the Certificates or of the Notes (other than the signature execution by the Owner Trustee on behalf of the Trust of, and the certificate of authentication on, the Certificates). The Owner Trustee shall have no obligation to perform any of the Owner Trustee on duties of the Certificates and the representations and warranties in Section 7.03) Servicer or the Notes, or of any Receivable or related documentsAdministrator. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Certificates, the Notes or any Receivable, or the perfection and priority of any security ownership interest created by any Receivable in any Financed Vehicle Vehicle, or the maintenance of any such perfection and priorityownership interest, or for or with respect to the sufficiency efficacy of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Securityholders under this Agreement or to the Noteholders under and the Indenture, including without limitation the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the existence, condition condition, location and ownership of any Receivable or Financed Vehicle; the existence and enforceability of any insurance thereonphysical damage or credit life or credit disability insurance; the existence and contents of any Receivable on retail installment sales contract or any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer or of any intervening assignment; the completeness of any Receivableretail installment sales contract; the performance or enforcement of any Receivableretail installment sales contract; the compliance by the Depositor, the Seller Trust with any covenant or the Servicer with breach by the Trust of any warranty or representation made under any Basic Document this Agreement or in any related document or and the accuracy of any such warranty or representation, representation prior to the Owner Trustee's receipt of notice or other discovery of any noncompliance therewith or any breach thereof; the acts or omissions of the Trust or the Servicer; or any action by the Owner Trustee taken at the instruction of the AdministratorCertificateholders, PROVIDED, HOWEVER, that the Indenture foregoing shall not relieve the Owner Trustee of its obligation to perform its duties under this Agreement. The Owner Trustee shall not be accountable for the use or application by the Issuer of any of the Certificates or of the proceeds of such Certificates, of any of the Notes or of the proceeds of such Notes, or for the use or application of any funds paid to the Servicer taken in the name respect of the Owner TrusteeCertificates.
Appears in 1 contract
Owner Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. The Owner Trustee makes Co-Trustees make no representations representa- tions as to the validity or sufficiency of this Agreement, of any other Basic Document, Document or of the Certificates (other than the signature and the certificate of authentication countersignature of the Owner Trustee on the Certificates and the representations and warranties in Section 7.03Certificates) or the Notes, or of any Receivable or related documents. The Owner Trustee Trustee, the Delaware Trustee, The Bank of New York and The Bank of New York (Delaware) shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or to the Noteholders under the Indenture, including including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Issuer Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor, the Seller Depositor or the Servicer with any warranty or representation made under any Basic Document or in any related document document, or the accuracy of any such warranty or representation, representation or any action of the AdministratorIndenture Trustee, the Indenture Trustee Administrator or the Servicer or any subservicer taken in the name of the Owner Trustee or the Delaware Trustee.
Appears in 1 contract
Samples: Trust Agreement (Ford Credit Auto Receivables Two L P)
