The Owner Trustee’s Compensation. The Issuer shall cause the Servicer to pay to Deutsche Bank pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by Deutsche 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 Deutsche Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by Deutsche Bank in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as Deutsche Bank may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense 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 16 contracts
Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2013-2), Trust Agreement (Santander Drive Auto Receivables Trust 2013-2), Trust Agreement (Santander Drive Auto Receivables Trust 2012-6)
The Owner Trustee’s Compensation. The Issuer shall cause the Servicer to pay to Deutsche Bank pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by Deutsche 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 Deutsche Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by Deutsche Bank in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as Deutsche Bank may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense 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 4 contracts
Samples: Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2008-2), Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2008-1), Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2007-1)
The Owner Trustee’s Compensation. The Issuer shall cause the Servicer to pay to Deutsche Bank pursuant to Section 3.11 of the Sale and Servicing Agreement from time to time compensation for all services rendered by Deutsche 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 Deutsche Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by Deutsche Bank in accordance with any provision of this Agreement (including the reasonable compensation, expenses and disbursements of such agents, experts and counsel as Deutsche Bank may employ in connection with the exercise and performance of its rights and its duties hereunder), except any such expense 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 applicableAgreement.
Appears in 1 contract
Samples: Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2003-1)