Common use of Supplemental Interest Trust Trustee Capacity Clause in Contracts

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Annex is executed by Xxxxx Fargo Bank, National Association (i) this Annex is executed and delivered by Xxxxx Fargo Bank, National Association, not in its individual capacity but solely as Supplemental Interest Trust Trustee under the PSA in the exercise of the powers and authority conferred and invested in it as Supplemental Interest Trust Trustee thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the Trust is made and intended not as personal representations of the Supplemental Interest Trust Trustee but is made and intended for the purpose of binding only the Trust, and (iii) under no circumstances shall Xxxxx Fargo Bank, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Annex.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar3), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4)

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Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Annex Agreement is executed by Xxxxx Fargo Bank, National Association (i) this Annex Agreement is executed and delivered by Xxxxx Fargo Bank, National Association, Association not in its individual capacity but solely as Supplemental Interest Trust Trustee under the PSA in the exercise of the powers and authority conferred upon and invested vested in it as Supplemental Interest Trust Trustee supplemental interest trust trustee thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the Trust Party B is made and intended not as a personal representations representation, undertaking or agreement of the Supplemental Interest Trust Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, and (iii) under no circumstances shall Xxxxx Fargo Bank, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this AnnexAgreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4)

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Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Annex Agreement is executed by Xxxxx Fargo Bank, National Association (i) this Annex Agreement is executed and delivered by Xxxxx Fargo Bank, National Association, Association not in its individual capacity but solely as Supplemental Interest Trust Trustee under the PSA in the exercise of the powers and authority conferred and invested vested in it as Supplemental Interest Trust Trustee supplemental interest trust trustee thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the Trust Party B is made and intended not as personal representations of the Supplemental Interest Trust Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, and (iii) under no circumstances shall Xxxxx Fargo Bank, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this AnnexAgreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar3)

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