The Delaware Trustee. (a) The Delaware Trustee is appointed to serve as the trustee of the Trust in the State of Delaware for the sole purpose of satisfying the requirement of Section 3807(a) of the DSTS that the Trust have at least one trustee with a principal place of business in the State of Delaware. It is understood and agreed by the parties hereto that the Delaware Trustee shall have none of the duties, obligations or liabilities of the Trustee.
(b) The duties of the Delaware Trustee shall be limited to (i) accepting legal process served on the Trust in the State of Delaware and (ii) the execution of any certificates required to be filed with the Delaware Secretary of State which the Delaware Trustee is required to execute under Section 3811 of the DSTS. To the extent that, at law or in equity, the Delaware Trustee has duties (including fiduciary duties) and liabilities relating thereto to the Trust or the Certificateholders, it is hereby understood and agreed by the other parties hereto that such duties and liabilities are replaced by the duties and liabilities of the Delaware Trustee expressly set forth in this Agreement. The Delaware Trustee shall have no liability for the acts or omissions of the Trustee. Except as provided above, the Delaware Trustee shall not be deemed a trustee and shall have no management responsibilities or owe any fiduciary duties to the Trust or the Certificateholders.
(c) The Delaware Trustee may be removed by the Trustee upon 30 days prior written notice to the Delaware Trustee. The Delaware Trustee may resign upon 30 days prior written notice to the Trustee. No resignation or removal of the Delaware Trustee shall be effective except upon the appointment of a successor Delaware Trustee. If no successor has been appointed within such 30 day period, the Delaware Trustee or the Trustee may, at the expense of the Trust, petition a court to appoint a successor Delaware Trustee.
(d) Any Person into which the Delaware Trustee may be merged or with which it may be consolidated, or any Person resulting from any merger or consolidation to which the Delaware Trustee shall be a party, or any Person which succeeds to all or substantially all of the corporate trust business of the Delaware Trustee, shall be the successor Delaware Trustee under this Agreement without the execution, delivery or filing of any paper or instrument or further act to be done on the part of the parties hereto, except as may be required by applicable law.
(e) The Delaware Trustee s...
The Delaware Trustee. The trustee, pursuant to Section 3807 of the Delaware Statutory Trust Statute, of the Trust in the State of Delaware shall be Wilmington Trust, National Association, a national banking association (including any successor trustee appointed in accordance with Section 12.6 of this Declaration, the “Delaware Trustee”). The street address of the principal office of Wilmington Trust, National Association, is, 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000. Any reference to “Trustee” or “Board of Trustees” in this Declaration and the Bylaws of the Trust shall not be deemed to include or refer to the Delaware Trustee.
The Delaware Trustee. In performing its obligations hereunder, the Delaware Trustee shall be entitled to the protections of the Declaration of Trust.
The Delaware Trustee. Section 7.01. Appointment................................................. 42 Section 7.02. Duties and Responsibilities................................. 42 Section 7.03. Acceptance of the Trusts.................................... 42 Section 7.04. Limitation of Liability..................................... 42 Section 7.05. Other Protections........................................... 44 Section 7.06. Compensation and Reimbursement; Indemnification............. 44 Section 7.07. Resignation................................................. 44 ARTICLE VIII
The Delaware Trustee. The trustee, pursuant to Section 3807 of the Delaware Statutory Trust Statute, of the Trust in the State of Delaware shall be Delaware Trust Company, a Delaware corporation (including any successor trustee appointed in accordance with Section 12.06 of this Declaration, the “Delaware Trustee”). The street address of the principal office of Delaware Trust Company is 000 Xxxxxx Xxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxxx 00000. Any reference to “Trustee” or “Board of Trustees” in this Declaration, the By-Laws of the Trust, or any written instrument, document, resolution or consent delivered by the Trustees or the Board of Trustees shall not be deemed to include or refer to the Delaware Trustee.
The Delaware Trustee. Each Certificateholder by accepting the Certificates, shall be deemed to acknowledge and agree that (a) each of the representations, undertakings and agreements herein made on the part of the Certificate Issuer, is made and intended not as personal representations, undertakings and agreements by U.S. Bank Trust National Association but is made and intended for the purpose of binding only the Certificate Issuer, (b) nothing herein contained shall be construed as creating any liability of U.S. Bank Trust National Association, individually or personally, to perform any covenant of the Certificate Issuer either expressed or implied contained herein, all such liability, if any, deemed waived and (c) under no circumstances shall U.S. Bank Trust National Association be personally liable for the payment of any indebtedness or expenses of the Certificate Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Certificate Issuer under this Certificate Indenture or the Certificates.
The Delaware Trustee. The Delaware Trustee is appointed to serve as the trustee of the Trust in the State of Delaware for the sole purpose of satisfying the requirement of Section 3807(a) of the Delaware Statutory Trust Act that the Trust have at least one trustee with a principal place of business in the State of Delaware. It is understood and agreed by the parties hereto that the Delaware Trustee shall have none of the duties or liabilities of the Trustee.
The Delaware Trustee. Each Certificateholder by accepting the Certificates, shall be deemed to acknowledge and agree subject to the proviso below, that (a) each of the representations, undertakings and agreements herein made on the part of the Certificate Issuer, is made and intended not as personal representations, undertakings and agreements by U.S. Bank Trust National Association but is made and intended for the purpose of binding only the Certificate Issuer, (b) nothing herein contained shall be construed as creating any liability of U.S. Bank Trust National Association, individually or personally, to perform any covenant of the Certificate Issuer either expressed or implied contained herein, all such liability, if any, deemed waived and (c) under no circumstances shall U.S. Bank Trust National Association be personally liable for the payment of any indebtedness or expenses of the Certificate Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Certificate Issuer under this Certificate Indenture or the Certificates.
The Delaware Trustee is a natural person who is a resident of the State of Delaware or, if not a natural person, an entity which has its principal place of business in the State of Delaware.
The Delaware Trustee. 21 10.1 Purpose; Power and Authority; Etc..........................21 10.2
