Common use of The Owner Trustee’s Compensation Clause in Contracts

The Owner Trustee’s Compensation. The Depositor shall cause the Servicer to agree to pay to [ ] pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by [ ] under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.11 of the Sale and Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse [ ] upon its request for all reasonable expenses, disbursements and advances incurred or made by [ ] in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as [ ] may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid in accordance with Section 4.4 of the Sale and Servicing Agreement or Section 5.4(b) of the Indenture, as applicable.

Appears in 3 contracts

Samples: Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Acceptance LLC)

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The Owner Trustee’s Compensation. The Depositor Issuer shall cause the Servicer to agree to pay to [ ] Trustee Bank pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by [ ] Trustee Bank under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.11 of the Sale and Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse [ ] Trustee Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by [ ] Trustee Bank in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as [ ] Trustee Bank may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid in accordance with Section 4.4 of the Sale and Servicing Agreement or Section 5.4(b) of the Indenture, as applicable.

Appears in 3 contracts

Samples: Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Vw Credit Leasing LTD), Trust Agreement (Volkswagen Public Auto Loan Securitization LLC)

The Owner Trustee’s Compensation. The Depositor Issuer shall cause the Servicer to agree to pay to [ ] pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by [ ] under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.11 of the Sale and Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse [ ] upon its request for all reasonable expenses, disbursements and advances incurred or made by [ ] in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as [ ] may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid in accordance with Section 4.4 of the Sale and Servicing Agreement or Section 5.4(b) of the Indenture, as applicable.

Appears in 2 contracts

Samples: Trust Agreement (Bas Securitization LLC), Trust Agreement (Citizens Auto Receivables, LLC)

The Owner Trustee’s Compensation. The Depositor shall cause the Servicer to agree to pay to [ ] pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by [ ] under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.11 of the Sale and Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse [ ] upon its request for all reasonable expenses, disbursements and advances incurred or made by [ ] in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as [ ] may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, gross negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid by the Issuer in accordance with Section 4.4 of the Sale and Servicing Agreement Sections 8.5 or Section 5.4(b) of the Indenture, as applicable.

Appears in 2 contracts

Samples: Trust Agreement (Capital One Auto Receivables LLC), Trust Agreement (Huntington Funding, LLC)

The Owner Trustee’s Compensation. The Depositor Issuer shall cause the Servicer to agree to pay to [ ] pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by [ ] under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.11 of the Sale and Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse [ ] upon its request for all reasonable expenses, disbursements and advances incurred or made by [ ] in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as [ ] may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, gross negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid in accordance with Section 4.4 of the Sale and Servicing Agreement or Section 5.4(b) of the Indenture, as applicable.

Appears in 1 contract

Samples: Trust Agreement (SunTrust Auto Receivables, LLC)

The Owner Trustee’s Compensation. The Depositor shall cause the Servicer to agree to pay to [ [—] pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by [ [—] under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.11 of the Sale and Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse [ [—] upon its request for all reasonable expenses, disbursements and advances incurred or made by [ [—] in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as [ [—] may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, gross negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid by the Issuer in accordance with Section 4.4 of the Sale and Servicing Agreement Sections 8.5 or Section 5.4(b) of the Indenture, as applicable.

Appears in 1 contract

Samples: Trust Agreement (Huntington Funding, LLC)

The Owner Trustee’s Compensation. The Depositor Seller shall cause the Servicer to agree to pay to [ ] pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by [ ] under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.11 of the Sale and Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse [ ] upon its request for all reasonable expenses, disbursements and advances incurred or made by [ ] in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as [ ] may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid in accordance with Section 4.4 of the Sale and Servicing Agreement or Section 5.4(b) of the Indenture, as applicable.

Appears in 1 contract

Samples: Trust Agreement (Fifth Third Holdings Funding, LLC)

The Owner Trustee’s Compensation. The Depositor Seller shall cause the Servicer to agree to pay to [ ] pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by [ ] under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.11 of the Sale and Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse [ ] upon its request for all reasonable expenses, disbursements and advances incurred or made by [ ] in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as [ ] may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid in accordance with Section 4.4 of the Sale and Servicing Agreement or Section 5.4(b) of the Indenture, as applicable.

Appears in 1 contract

Samples: Trust Agreement (Fifth Third Holdings Funding, LLC)

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The Owner Trustee’s Compensation. The Depositor shall cause the Servicer to agree to pay to [ ] pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by [ ] under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.11 of the Sale and Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse [ ] upon its request for all reasonable expenses, disbursements and advances incurred or made by [ ] in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as [ ] may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid in 15 Amended and Restated Trust Agreement accordance with Section 4.4 of the Sale and Servicing Agreement or Section 5.4(b) of the Indenture, as applicable.

Appears in 1 contract

Samples: Trust Agreement (Usaa Acceptance LLC)

The Owner Trustee’s Compensation. The Depositor shall cause the Servicer to agree to pay to [ ] pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by [ ] under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee and the Certificate Paying Agent (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.11 of the Sale and Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse [ ] upon its request for all reasonable expenses, disbursements and advances incurred or made by [ ] in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as [ ] may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid in accordance with Section 4.4 of the Sale and Servicing Agreement Sections 8.5 or Section 5.4(b) of the Indenture, as applicable.

Appears in 1 contract

Samples: Trust Agreement (Fifth Third Holdings Funding, LLC)

The Owner Trustee’s Compensation. The Depositor shall cause the Servicer to agree to pay to [ ] pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by [ ] under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.11 of the Sale and Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse [ ] upon its request for all reasonable expenses, disbursements and advances incurred or made by [ ] in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as [ ] may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, negligence (other than an error in judgment) or bad faith, as finally determined by a court of competent jurisdiction. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid in accordance with Section 4.4 of the Sale and Servicing Agreement or Section 5.4(b) of the Indenture, as applicable.

Appears in 1 contract

Samples: Trust Agreement (Usaa Acceptance LLC)

The Owner Trustee’s Compensation. The Depositor Issuer shall cause the Servicer to agree to pay to [ ] pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by [ ] under this Agreement pursuant to a fee letter between the Servicer and the Owner Trustee (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). The Servicer, pursuant to Section 3.11 of the Sale and Servicing Agreement and the fee letter between the Servicer and the Owner Trustee, shall reimburse [ ] upon its request for all reasonable expenses, disbursements and advances incurred or made by [ ] in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as [ ] may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense as may be attributable to its willful misconduct, gross negligence (other than an error in judgment) or bad faith. To the extent not paid by the Servicer, such fees and reasonable expenses shall be paid by the Issuer in accordance with Section 4.4 of the Sale and Servicing Agreement or Section 5.4(b) of the Indenture, as applicable.

Appears in 1 contract

Samples: Trust Agreement (Santander Drive Auto Receivables LLC)

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