Owner Trustee Not Liable for Certificates. Notes or --------------------------------------------------- Receivables. The recitals contained herein and in the Certificates (other than ----------- the genuineness of the signature and counter-signature of the Owner Trustee on the Certificates and its representations and warranties in Section 6.03) shall be taken as the statements of the Transferor, 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 Transaction Document or the Certificates (other than the genuineness of the signature and counter-signature of the Owner Trustee on the Certificates), the Notes, 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 Receivables or the perfection and priority of any security interest in the Receivables or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of the Receivables; the existence and contents of the Receivables on any computer or other record thereof; the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the completeness of the Receivables; the performance or enforcement of the Receivables; the compliance by the Transferor with any warranty or representation made under any Transaction Document or in any related document or the accuracy of any such warranty or representation or any action of the Administrator, the Servicer or the Indenture Trustee taken in the name of the Owner Trustee.
Appears in 3 contracts
Samples: Trust Agreement (Household Credit Card Master Note Trust I), Trust Agreement (Household Credit Card Master Note Trust I), Trust Agreement (Household Credit Card Master Note Trust I)
Owner Trustee Not Liable for Certificates. Notes or --------------------------------------------------- Receivables. The recitals statements contained herein and in the Certificates Certificates, Notes and other Transaction Documents (other than ----------- the genuineness of the signature and counter-signature authentication (as applicable) of the Owner Trustee on the Certificates and its representations and warranties in Section 6.03) shall be taken as the statements of the Transferor, 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 Transaction Document or the Certificates (other than the genuineness of the signature and counter-signature authentication (as applicable) of the Owner Trustee on the CertificatesCertificates and its representations and warranties in Section 6.03), the Notes, Notes 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 Receivables or the perfection and priority of any security interest in the Receivables or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Noteholders under the Indenture, including, without limitation: including the existence, condition and ownership of the Receivables; , the existence and contents of the Receivables on any computer or other record thereof; , the validity of the assignment of the Receivables to the Trust or of any intervening assignment; , the completeness of the Receivables; the performance or enforcement of the Receivables; , the compliance by the Transferor with any warranty or representation made under any Transaction Document or in any related document or the accuracy of any such warranty or representation or any action of the Administrator, the Servicer or the Indenture Trustee taken in the name of the Owner Trustee.
Appears in 2 contracts
Samples: Note Purchase Agreement (Bon Ton Stores Inc), Trust Agreement (Nordstrom Credit Inc)
Owner Trustee Not Liable for Certificates. Notes or --------------------------------------------------- Receivables. The recitals statements contained herein and in the Certificates Certificates, Notes and other Transaction Documents (other than ----------- the genuineness of the signature and counter-signature authentication (as applicable) of the Owner Trustee on the Certificates and its representations and warranties in Section 6.03) shall not be taken as the statements of the TransferorOwner Trustee, 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 Transaction Document or of the Certificates (other than the genuineness of the signature and counter-signature authentication (as applicable) of the Owner Trustee on the Certificates), or of the Notes, Notes or of any other Transaction Document or of any related documents. The Owner Trustee shall at no time have any responsibility or personal liability for or with respect to the legality, validity and enforceability of the Receivables Receivables, or the perfection and priority of any security interest in the Receivables or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of the Receivables; the existence and enforceability of any insurance thereon; the existence and contents of the Receivables on any computer or other record thereof; the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the completeness of the Receivables; the performance or enforcement of the Receivables; the compliance by the Transferor or the Servicer with any warranty or representation made under any Transaction Document or in any related document or the accuracy of any such warranty or representation or any action of the Administrator, the Servicer Indenture Trustee or the Indenture Trustee Servicer taken in the name of the Owner Trustee.
Appears in 1 contract
Samples: Trust Agreement (Cabela's Credit Card Master Note Trust)
Owner Trustee Not Liable for Certificates. Notes or --------------------------------------------------- Receivables. The recitals contained herein and in the Certificates (other than ----------- the genuineness of the signature and counter-signature of the Owner Trustee on the Certificates and its representations and warranties in Section 6.03Certificates) shall be taken as the statements of the TransferorDepositor (other than the signature or counter-signature of the Owner Trustee on the Notes), 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 Transaction Related Document or of the Certificates (other than the genuineness of the signature and counter-signature of the Owner Trustee on the Certificates) or the Notes (other than the signature or counter-signature of the Owner Trustee on the Notes), 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 Receivables any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the Receivables maintenance of any such 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 Trust Estate Property or its ability to generate the payments to be distributed to the Noteholders under the IndentureIndenture or any payments to Certificateholders under this Agreement, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the Receivablesexistence and enforceability of any insurance thereon; the existence and contents of the Receivables on any Receivable or any computer or other record thereof; the validity of the assignment of the Receivables any Receivable to the Trust or of any intervening assignment; the completeness of the Receivablesany Receivable; the performance or enforcement of the Receivablesany Receivable; the compliance by the Transferor Seller or the Servicer with any warranty or representation made under any Transaction Related Document or in any related document Related Document, or the accuracy of any such warranty or representation or any action of the AdministratorPaying Agent, the Servicer Indenture Trustee, the Custodian or the Indenture Trustee Servicer taken in the name of the Owner Trustee.
Appears in 1 contract
Owner Trustee Not Liable for Certificates. Notes or --------------------------------------------------- Receivables. The recitals statements contained herein and in the Certificates Certificates, Notes and other Transaction Documents (other than ----------- the genuineness of the signature and counter-signature authentication (as applicable) of the Owner Trustee on the Certificates and its representations and warranties in Section 6.03) shall be taken as the statements of the Transferor, 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 Transaction Document or the Certificates (other than the genuineness of the signature and counter-signature authentication (as applicable) of the Owner Trustee on the CertificatesCertificates and its representations and warranties in Section 6.03), the Notes, Notes 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 Receivables or the perfection and priority of any security interest in the Receivables or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate Assets or its ability to generate the payments to be distributed to the Noteholders under the Indenture, including, without limitation: including the existence, condition and ownership of the Receivables; , the existence and contents of the Receivables on any computer or other record thereof; , the validity of the assignment of the Receivables to the Trust or of any intervening assignment; , the completeness of the Receivables; the performance or enforcement of the Receivables; , the compliance by the Transferor with any warranty or representation made under any Transaction Document or in any related document or the accuracy of any such warranty or representation or any action of the Administrator, the Servicer or the Indenture Trustee taken in the name of the Owner Trustee.
Appears in 1 contract
Samples: Trust Agreement (Nordstrom Inc)
Owner Trustee Not Liable for Certificates. Notes or --------------------------------------------------- ReceivablesCommercial ------------------------------------------------------- Loans. The recitals contained herein and in the Certificates (other than ----------- and the genuineness of the signature and counter-signature of the Owner Trustee on the Certificates and its representations and warranties in Section 6.03) Transferor ----- Interest shall be taken as the statements of the Transferor, Depositor and the Owner Trustee assumes no personal responsibility for the correctness thereof. The Owner Trustee makes no representations as to the validity or sufficiency of this the Trust Agreement, of any other Transaction Basic Document or of the Certificates or the Transferor Interest (other than as to the genuineness due execution by the Owner Trustee of the signature Certificates and counter-signature the Transferor Interest on behalf of the Trust and the certificate of authentication of the Owner Trustee on the Certificates), Certificates and the Transferor Interest as applicable) or the Notes, or of any Commercial Loan or related documents. The Owner Trustee shall at no time have any personal responsibility or liability for or with respect to the legality, validity and enforceability of the Receivables or the perfection and priority of any security interest in the Receivables or the maintenance of any such perfection and priorityCommercial Loan, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to Certificateholders and the holder of the Transferor Interest under the Trust Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of the Receivablesany collateral securing a Commercial Loan; the existence and contents enforceability of the Receivables on any computer or other record thereofinsurance thereon; the validity of the assignment of the Receivables any Commercial Loan to the Trust or of any intervening assignment; the completeness of the Receivables; the performance or enforcement of the Receivablesany Commercial Loan; the compliance by the Transferor Depositor or the Servicer with any warranty or representation made under any Transaction Basic Document or in any related document or the accuracy of any such warranty or representation representation, or any action of the AdministratorDepositor, the Indenture Trustee or the Servicer or the Indenture Trustee any subservicer taken in the name of the Owner Trustee.
Appears in 1 contract
Samples: Trust Agreement (MCG Capital Corp)
Owner Trustee Not Liable for Certificates. Notes or --------------------------------------------------- Receivables. The recitals contained herein and in the Certificates (other than ----------- the genuineness of the signature and counter-signature countersignature of the Owner Trustee on the Certificates and its representations and warranties in Section 6.03Certificates) shall be taken as the statements of the TransferorDepositor, 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 Transaction Basic Document or of the Certificates (other than the genuineness of the signature and counter-signature countersignature of the Owner Trustee on the Certificates), ) 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 the Receivables any Receivable, or the perfection and priority of any security interest created by any Receivable in the Receivables 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 Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the Receivablesexistence and enforceability of any insurance thereon; the existence and contents of the Receivables any Receivable on any computer or other record thereof; the validity of the assignment of the Receivables any Receivable to the Trust or of any intervening assignment; the completeness of the Receivablesany Receivable; the performance or enforcement of the Receivablesany Receivable; the compliance by the Transferor Depositor or the Servicer with any warranty or representation made under any Transaction Basic Document or in any related document document, or the accuracy of any such warranty or representation or any action of the AdministratorIndenture Trustee, the Administrator or the Servicer or the Indenture Trustee 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. Notes or --------------------------------------------------- Receivables. The recitals contained herein and in the Certificates (other than ----------- the genuineness of the signature and counter-signature of the Owner Trustee on the Certificates and its representations and warranties in Section 6.03) shall will be taken as the statements of the TransferorTransferor[s], 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 Transaction Document or the Certificates (other than the genuineness of the signature and counter-signature countersignature of the Owner Trustee on the Certificates), the Notes, or of any Receivable or related documents. The Owner Trustee shall will at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of the Receivables or the perfection and priority of any security interest in the Receivables or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Noteholders under the Indenture, including, without limitation: , the existence, condition and ownership of the Receivables; the existence and contents of the Receivables on any computer or other record thereof; the validity of the assignment of the Receivables to the Trust Issuer or of any intervening assignment; the completeness of the Receivables; the performance or enforcement of the Receivables; the compliance by the Transferor Transferor[s] with any warranty or representation made under any Transaction Document or in any related document or the accuracy of any such warranty or representation or any action of the Administrator, the Servicer or the Indenture Trustee taken in the name of the Owner Trustee.
Appears in 1 contract
Owner Trustee Not Liable for Certificates. Notes or --------------------------------------------------- Receivables. The recitals contained herein and in the Certificates (other than ----------- the genuineness of the signature and counter-signature of the Owner Trustee on the Certificates and its representations and warranties in Section 6.03) shall be taken as the statements of the Transferor, 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 Transaction Document or the Certificates (other than the genuineness of the signature and counter-signature of the Owner Trustee on the Certificates), the Notes, 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 Receivables or the perfection and priority of any security interest in the Receivables or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of the Receivables; the existence and contents of the Receivables on any computer or other record thereof; the validity of the assignment of the Receivables to the Trust or of any intervening assignment; the completeness of the Receivables; the performance or enforcement of the Receivables; the compliance by the Transferor with any warranty or representation made under any Transaction Document or in any related document or the accuracy of any such warranty or representation or any action of the Administrator, the Servicer or the Indenture Trustee taken in the name of the Owner Trustee.
Appears in 1 contract
Owner Trustee Not Liable for Certificates. Notes or --------------------------------------------------- ReceivablesContracts. --------- The recitals contained herein and in the Certificates and the Notes (other than ----------- the genuineness of the signature and counter-signature of the Owner Trustee on the Certificates and its representations and warranties in Section 6.03the Notes) shall be taken as the statements of the TransferorDepositor, 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 Transaction Related Document or of the Certificates (other than the genuineness of the signature and counter-signature of the Owner Trustee on the Certificates) or the Notes (other than the signature and counter-signature of the Owner Trustee on the Notes), the Notes, or of any Contract 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 Receivables any Contract, or the perfection and priority of any security interest created by any Contract in the Receivables any Product or the maintenance of any such perfection and prioritypriority of any security interest created by any Contract in any Product, or for or with respect to the sufficiency of the Trust Estate Property or its ability to generate the payments to be distributed to Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Product; the Receivablesexistence and enforceability of any insurance thereon; the existence and contents of the Receivables on any Contract or any computer or other record thereof; the validity of the assignment of the Receivables any Contract to the Trust or of any intervening assignment; the completeness of the Receivablesany Contract; the performance or enforcement of the Receivablesany Contract; the compliance by the Transferor Seller or the Servicer with any warranty or representation made under any Transaction Related Document or in any related document or the accuracy of any such warranty or representation or any action of the Administrator, Indenture Trustee or the Servicer or the Indenture Trustee taken in the name of the Owner Trustee.
Appears in 1 contract