Common use of Trust Obligation Clause in Contracts

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 84 contracts

Samples: Indenture (CarMax Auto Owner Trust 2024-3), Indenture (Carmax Auto Funding LLC), Indenture (CarMax Auto Owner Trust 2024-2)

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Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles Six, Article VII Seven and Article VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.

Appears in 53 contracts

Samples: Indenture (Honda Auto Receivables 2014-3 Owner Trust), Indenture (Honda Auto Receivables 2014-3 Owner Trust), Indenture (Honda Auto Receivables 2015-2 Owner Trust)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 51 contracts

Samples: Indenture (DaimlerChrysler Auto Trust 2007-A), Indenture (Daimlerchrysler Auto Trust 2008-B), Indenture (Premier Auto Trust 1998 5)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial beneficiary interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VISix, Article VII Seven and Article VIII Eight of the Trust Agreement.

Appears in 50 contracts

Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2011-2), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2011-2), Indenture (Harley-Davidson Motorcycle Trust 2011-1)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial beneficiary interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles Six, Article VII Seven and Article VIII Eight of the Trust Agreement.

Appears in 37 contracts

Samples: Indenture (WFS Receivables Corp 2), Indenture (WFS Receivables Corp 2), Indenture (WFS Financial 2004-4 Owner Trust)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust AgreementAgreement as if specifically set forth herein.

Appears in 30 contracts

Samples: Indenture (Honda Auto Receivables 2024-2 Owner Trust), Indenture (Honda Auto Receivables 2024-2 Owner Trust), Indenture (Honda Auto Receivables 2023-4 Owner Trust)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 30 contracts

Samples: Trust Agreement (Mmca Auto Owner Trust 2001-4), Indenture (Mmca Auto Receivables Trust), Indenture (Mmca Auto Owner Trust 2001-4)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and capacity) except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 27 contracts

Samples: Indenture (BMW Vehicle Owner Trust 2024-A), Trust Agreement (BMW Vehicle Owner Trust 2024-A), Indenture (BMW Vehicle Owner Trust 2023-A)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VI and VII and Article VIII of the Trust Agreement.

Appears in 24 contracts

Samples: Indenture (Usaa Auto Owner Trust 2005-2), Gmac Servicing Agreement (Bear Stearns Asset Backed Whole Auto Loan Trust 2004-1), Indenture (USAA Auto Owner Trust 2006-4)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles Six, Article VII Seven and Article VIII Eight of the Trust Agreement.

Appears in 22 contracts

Samples: American Honda Receivables Corp, Indenture (American Honda Receivables Corp), Indenture (American Honda Receivables Corp)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Servicer, the Owner Trustee Trustee, the Trust Collateral Agent or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith against therewith, against: (i) the Seller, the Servicer, the Indenture Trustee or the Trust Collateral Agent or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, directordirector or employee of the Issuer, employee or agent of the Seller, the Servicer, the Indenture Trustee or the Trust Collateral Agent or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Seller, the Servicer, the Owner Trustee, the Indenture Trustee or the Indenture Trustee Trust Collateral Agent or of any successor or assign of the Seller, the Servicer, the Indenture Trustee or the Trust Collateral Agent or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee or the Trust Collateral Agent and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 21 contracts

Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Credit Acceptance Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 16 contracts

Samples: Indenture (CarMax Auto Owner Trust 2011-3), Indenture (CarMax Auto Owner Trust 2011-2), Indenture (CarMax Auto Owner Trust 2010-2)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Servicer, the Depositor, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Seller, the Servicer, the Depositor, the Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Seller, the Servicer, the Depositor, the Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Seller, the Servicer, the Depositor, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Seller, the Servicer, the Depositor, the Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 15 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 15 contracts

Samples: Indenture (Ford Credit Auto Receivables Two LLC), Note Depository Agreement (Ford Credit Auto Receivables Two LLC), Indenture (Ford Credit Auto Receivables Two L P)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the IssuerTrust, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer Trust or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the IssuerTrust, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer Trust hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 14 contracts

Samples: Indenture (Bear Stearns Asset Backed Securities Inc), Indenture (Prudential Securities Secured Financing Corp), Indenture (American Business Financial Services Inc /De/)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith against therewith, against: (i) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of of: (a) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, of (b) any holder owner of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or (c) of any successor or assign of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), ) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 14 contracts

Samples: Indenture (CNH Capital Receivables Inc), Indenture (CNH Capital Receivables Inc), Indenture (Case Receivables Ii Inc)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder Owner of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 14 contracts

Samples: Indenture (Imc Home Equity Loan Owner Trust 1998-7), Indenture (Imc Home Equity Loan Owner Trust 1998-4), Indenture (Imc Securities Inc)

Trust Obligation. No The parties hereto, by entering into this Indenture, and each Noteholder, by accepting a Note (and each Note Owner, by its acceptance of an interest in the applicable Book-Entry Note), hereby covenant and agree that no recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee, the Owner Trustee or the Owner Trustee Trust Agent, in its individual capacity, or the Seller or the Administrator, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee, the Owner Trustee or the Owner Trustee Trust Agent, in its individual capacity, of or the Seller or the Administrator, any holder of a beneficial interest in the Issuer, the Owner Trustee, the Indenture Trustee or the Indenture Trustee Trust Agent or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacitysuch Persons, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee, the Owner Trustee and the Owner Trustee Trust Agent have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 11 contracts

Samples: Onyx Acceptance Owner Trust 2005-A, Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder Holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles Six, Article VII Seven and Article VIII Eight of the Trust Agreement.

Appears in 11 contracts

Samples: Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 10 contracts

Samples: Indenture (Household Mortgage Loan Trust 2003-Hc1), Indenture (Bond Securitization LLC), Indenture (HFC Revolving Corp Household Home Equity Loan Trust 2002 4)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Owner Trustee Trustee, the Trust Collateral Agent or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith against therewith, against: (i) the Seller, the Indenture Trustee or the Trust Collateral Agent or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Issuer, the Seller, the Servicer, the Indenture Trustee or the Trust Collateral Agent or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee Issuer or of any successor or assign of the Seller, the Servicer, the Indenture Trustee or the Trust Collateral Agent or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee or the Trust Collateral Agent and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 8 contracts

Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Credit Acceptance Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles V, Article VI and VII and Article VIII of the Trust Agreement.

Appears in 7 contracts

Samples: Master Indenture (Household Consumer Loan Corp Ii), Master Indenture (Advanta Business Recievables Corp), Household Affinity Funding Corp Iii

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the IssuerIssuing Entity, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its their individual capacity, (ii) any holder owner of a beneficial interest in the Issuer Issuing Entity or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its their individual capacity, of any holder of a beneficial interest in the IssuerIssuing Entity, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its their individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or any failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 6 contracts

Samples: Deere Owner Trust 2015 (John Deere Owner Trust 2015), Indenture (John Deere Owner Trust 2013), John Deere Owner Trust 2015-B

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder Trust Certificateholder, (iii) any owner of a beneficial interest in the Issuer or (iiiiv) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the IssuerTrust Certificateholder, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles Six, Article VII Seven and Article VIII Eight of the Trust Agreement.

Appears in 6 contracts

Samples: Vehicle Lease Trust (Financial Services Vehicle Trust), Vehicle Lease (Financial Services Vehicle Trust), Vehicle Lease (Financial Services Vehicle Trust)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this the Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), ) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VISix, Article VII Seven and Article VIII Eight of the Trust Agreement.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Cit Funding Co, LLC), Indenture (CIT Equipment Collateral 2005-Vt1), Indenture (Cit Equipment Collateral 2004-Vt1)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 6 contracts

Samples: World Omni Auto Receivables LLC, World Omni Auto Receivables Trust 2005-A, Indenture (World Omni Auto Receivables LLC)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have has no such obligations in their its individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee (as such or in its individual capacity) shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 6 contracts

Samples: Master Indenture, Master Indenture (Atlanticus Holdings Corp), Master Indenture (Atlanticus Holdings Corp)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Master Servicer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or the Series Supplement or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Seller, the Master Servicer, the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Seller, the Master Servicer, the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Seller, the Master Servicer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Master Servicer, the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII VII, and Article VIII of the Trust Agreement.

Appears in 5 contracts

Samples: Indenture (Household Auto Receivables Corp), Indenture (Household Auto Receivables Corp), Household Auto Receivables Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed in writing (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 5 contracts

Samples: Indenture (Nal Financial Group Inc), Indenture (Nal Financial Group Inc), Nal Financial Group Inc

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Servicer, the Owner Trustee, the Trustee or the Indenture Trustee Collateral Agent on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Seller, the Servicer, the Trustee, the Indenture Trustee Collateral Agent, or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Seller, the Servicer, the Trustee, the Indenture Trustee Collateral Agent or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Seller, the Servicer, the Owner Trustee Trustee, the Indenture Collateral Agent or the Indenture Trustee or of any successor or assign of the Seller, the Servicer, the Trustee, the Indenture Trustee Collateral Agent or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Trustee, the Indenture Trustee Collateral Agent and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 5 contracts

Samples: Note Depository Agreement (Franklin Receivables Auto Trust 2003-1), Note Depository Agreement (Franklin Auto Trust 2004-2), Note Depository Agreement (Franklin Auto Trust 2003-2)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall will be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall will be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles V, Article VI and VII and Article VIII of the Trust Agreement.

Appears in 5 contracts

Samples: Indenture (Ford Credit Floorplan LLC), Ford Credit Floorplan Corp, Indenture (Ford Credit Floorplan LLC)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Owner Trustee Trustee, the Trust Collateral Agent or the Indenture Trustee on the Class A Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith against therewith, against: (i) the Seller, the Indenture Trustee or the Trust Collateral Agent or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Issuer, the Seller, the Servicer, the Indenture Trustee or the Trust Collateral Agent or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee Issuer or of any successor or assign of the Seller, the Servicer, the Indenture Trustee or the Trust Collateral Agent or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee or the Trust Collateral Agent and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 5 contracts

Samples: Credit Acceptance Corporation, Credit Acceptance Corporation, Credit Acceptance Corporation

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles VII, Article VII VIII and Article VIII IX of the Trust Agreement.

Appears in 4 contracts

Samples: Chec Funding LLC, Renaissance Mortgage Acceptance Corp, Renaissance Mortgage Acceptance Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Master Servicer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any Series Supplement or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Seller, the Master Servicer, the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Seller, the Master Servicer, the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Seller, the Master Servicer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Master Servicer, the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII VII, and Article VIII of the Trust Agreement.

Appears in 4 contracts

Samples: Household Automotive Trust 2001-1, Indenture (Household Automotive Trust Iv Series 2000-1), Household Auto Receivables Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VI and VII and Article VIII of the Trust Agreement.

Appears in 4 contracts

Samples: Indenture (USAA Auto Owner Trust 2007-1), Indenture (USAA Auto Owner Trust 2008-1), Indenture (USAA Auto Owner Trust 2007-2)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee Trustee, the Note Registrar, the Paying Agent or the Owner Trustee in its individual capacity, (ii) any owner or holder of a beneficial interest in the Issuer Issuer, including the Seller, or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee Trustee, the Note Registrar, the Paying Agent or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuerinterest, the Owner Trustee Trustee, the Note Registrar, the Paying Agent or the Indenture Trustee or of any successor or assign of the Indenture Trustee Trustee, the Note Registrar, the Paying Agent or the Owner Trustee in its their individual capacitycapacities, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee Trustee, the Note Registrar, the Paying Agent and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 3 contracts

Samples: Indenture (Morgan Stanley Auto Loan Trust 2004-Hb2), Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb1), Indenture (Morgan Stanley Auto Loan Trust 2003-Hb1)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Senior Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder Trust Certificateholder, (iii) any owner of a beneficial interest in the Issuer or (iiiiv) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the IssuerTrust Certificateholder, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles Six, Article VII Seven and Article VIII Ten of the Trust Agreement.

Appears in 3 contracts

Samples: Ryder Truck Rental I Lp, BMW Vehicle Lease Trust 2000-A, Ryder Truck Rental I Lp

Trust Obligation. (a) No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Transferor, the Depositor, the Servicer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Seller, the Transferor, the Depositor, the Servicer, the Owner Trustee or the Owner Indenture Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee Seller, the Transferor, the Depositor, the Servicer, the Owner Trustee, or the Owner Indenture Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Seller, the Transferor, the Depositor, the Servicer, the Owner Trustee Trustee, or the Indenture Trustee or of any successor or assign of the Indenture Seller, the Transferor, the Depositor, the Servicer, the Owner Trustee or the Owner Indenture Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 3 contracts

Samples: Tia Indenture (Painewebber Asset Acceptance Corp), Securitized Asset Backed Receivables LLC, Prudential Securities Secured Financing Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Depositor, the Servicer, the holder of the GP Interest, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Depositor, the Servicer, the holder of the GP Interest, the Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Depositor, the Servicer, the holder of the GP Interest, the Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Depositor, the Servicer, the holder of the GP Interest, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Depositor, the Servicer, the holder of the GP Interest, the Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 3 contracts

Samples: Barnett Auto Receivables Corp, Mellon Auto Receivables Corp, Oxford Resources Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Owner Trust Agreement.

Appears in 3 contracts

Samples: Indenture (Auto Nations Receivables Corp), Auto Nations Receivables Corp, Auto Nations Receivables Corp

Trust Obligation. (a) No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this the Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), ) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VISix, Article VII Seven and Article VIII Eight of the Trust Agreement.

Appears in 3 contracts

Samples: Indenture (Cit Ec Ef 2001-A), Indenture (Cit Equipment Collateral 2002-Vt1), Article Seven (Cit Equipment Collateral 2001-1)

Trust Obligation. No recourse may be taken, directly or ---------------- indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 3 contracts

Samples: Indenture (Deutsche Recreational Asset Funding Corp), Asset Backed Securities Corp, Deutsche Recreational Asset Funding Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 3 contracts

Samples: Indenture (Chrysler Financial Auto Securitization Trust 2010-A), Indenture (Chrysler Financial Auto Securitization Trust 2009-B), Indenture (Chrysler Financial Auto Securitization Trust 2009-A)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Master Indenture or any Indenture Supplement or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Master Indenture, in the performance of any duties or obligations of the Issuer hereunderhereunder and under each Indenture Supplement, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 2 contracts

Samples: Daimlerchrysler Services North America LLC, Daimlerchrysler Services North America LLC

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder Trust Certificateholder, (iii) any owner of a beneficial interest in the Issuer or (iiiiv) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the IssuerTrust Certificateholder, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles Six, Article VII Seven and Article VIII Ten of the Trust Agreement.

Appears in 2 contracts

Samples: Vehicle Lease (BMW Auto Leasing LLC), Vehicle Lease (BMW Auto Leasing LLC)

Trust Obligation. No recourse may be taken, directly ---------------- or indirectly, with respect to the obligations of the Issuer, the Seller, the Servicer, the Owner Trustee Trustee, the Trust Collateral Agent or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Insurer, the Seller, the Servicer, the Trust Collateral Agent, the Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Insurer, the Seller, the Servicer, the Trust Collateral Agent, the Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Seller, the Trust Collateral Agent, the Servicer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Seller, the Servicer, the Trust Collateral Agent, the Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee Trustee, the Trust Collateral Agent and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 2 contracts

Samples: TFC Enterprises Inc, TFC Enterprises Inc

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee Trustee, the Swap Counterparty or the Indenture Trustee on the Swap Agreement or the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles Six, Article VII Seven and Article VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.

Appears in 2 contracts

Samples: Indenture (Honda Auto Receivables 2008-2 Owner Trust), Honda Auto Receivables 2007-3 Owner Trust

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial beneficiary interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.,

Appears in 2 contracts

Samples: Heller Funding Corp, Heller Funding Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacitiescapacity), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 2 contracts

Samples: Mmca Auto Receivables Inc, Ford Credit Auto Receivables Two LLC

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial beneficiary interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles Six, Article VII Seven and Article VIII Eight of the Trust Agreement.

Appears in 2 contracts

Samples: Indenture (Onyx Acceptance Financial Corp), Onyx Acceptance Financial Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith against therewith, against: (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 2 contracts

Samples: Goldman Sachs Asset Backed Securities Corp, Gs Mortgage Securities Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.. SECTION 11.17

Appears in 2 contracts

Samples: Mmca Auto Receivables Inc, Mmca Auto Receivables Inc

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee Trustee, the Bond Administrator, the Note Registrar, the Paying Agent or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer Issuer, including the Seller, or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee Trustee, the Bond Administrator, the Note Registrar, the Paying Agent or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee Trustee, the Bond Administrator, the Note Registrar, the Paying Agent or the Indenture Trustee or of any successor or assign of the Indenture Trustee Trustee, the Bond Administrator, the Note Registrar, the Paying Agent or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee Trustee, the Bond Administrator, the Note Registrar, the Paying Agent and the Owner Trustee have no such obligations in their individual capacitiescapacity), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 2 contracts

Samples: Indenture (SSB Vehicle Securities Inc SSB Auto Loan Trust 2002-1), Indenture (SSB Vehicle Securities Inc)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the representations, warranties, covenants, agreements and obligations of the Issuer, the Owner Trustee, the Delaware Trustee or the Indenture Trustee on the Notes or the Certificate or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee, the Owner Trustee or the Owner Delaware Trustee in its individual capacity, (ii) any holder Certificateholder or other owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee, the Owner Trustee or the Owner Delaware Trustee in its individual capacity, of any holder Certificateholder or other owner of a beneficial interest in the Issuer, the Owner Trustee, the Delaware Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee, the Owner Trustee or the Owner Delaware Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee, the Owner Trustee and the Owner Trustee Delaware Trustee, in their capacities as such, have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the 201_-_ Securitization Trust Agreement.

Appears in 2 contracts

Samples: Toyota Lease Trust, Toyota Lease Trust

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the representations, warranties, covenants, agreements and obligations of the Issuer, the Owner Trustee, the Delaware Trustee or the Indenture Trustee on the Notes or the Certificate or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee, the Owner Trustee or the Owner Delaware Trustee in its individual capacity, (ii) any holder Certificateholder or other owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee, the Owner Trustee or the Owner Delaware Trustee in its individual capacity, of any holder Certificateholder or other owner of a beneficial interest in the Issuer, the Owner Trustee, the Indenture A/73611512.6 Delaware Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee, the Owner Trustee or the Owner Delaware Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee, the Owner Trustee and the Owner Trustee Delaware Trustee, in their capacities as such, have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 2 contracts

Samples: Toyota Auto Receivables 2011-a Owner Trust, Toyota Auto Receivables 2011-a Owner Trust

Trust Obligation. (a) No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, Master Servicer, Transferor, Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Seller, Master Servicer, Transferor, Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or Issuer, (iii) any partner, owner, member, beneficiary, agent, officer, director, employee or agent of the Seller, Master Servicer, Transferor, Indenture Trustee or the Owner Trustee individually or in its individual capacitycapacity as such, of (iv) or any holder of a beneficial interest in the Issuer, the Seller, Master Servicer, Transferor, Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, Indenture Trustee or the Owner Trustee individually or in its individual capacitycapacity as such, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 2 contracts

Samples: Satisfaction and Discharge of Indenture (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A), Wells Fargo Financial Auto Owner Trust 2005-A

Trust Obligation. No recourse may be taken, directly or ---------------- indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 2 contracts

Samples: Indenture (Pooled Auto Securities Shelf LLC), Pooled Auto Securities Shelf LLC

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, Table of Contents officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 2 contracts

Samples: Indenture (Carmax Auto Funding LLC), Indenture (Carmax Auto Funding LLC)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the IssuerTrust, the Sponsor, any Originator, the Master Servicer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Sponsor, any Originator, the Master Servicer, the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer Trust or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Sponsor, any Originator, the Master Servicer, the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the IssuerTrust, the Sponsor, any Originator, the Master Servicer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Sponsor, any Originator, the Master Servicer, the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.the

Appears in 2 contracts

Samples: Advanta Mortgage Conduit Services Inc, Advanta Conduit Receivables Inc

Trust Obligation. (a) No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this the Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VISix, Article VII Seven and Article VIII Eight of the Trust Agreement.

Appears in 2 contracts

Samples: Indenture (Cit Equipment Collateral 2000-1), Indenture (Cit Equipment Collateral 2000-2)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer Issuer, including the Seller, or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 2 contracts

Samples: Indenture (First Merchants Acceptance Corp), Indenture (First Merchants Acceptance Corp)

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Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, 57 officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Household Mortgage Funding Corp Iii

Trust Obligation. (a) No recourse may be taken, directly or indirectly, with respect to the obligations of the IssuerTrust, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer Trust or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the IssuerTrust, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer Trust hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Indenture (Accredited Home Lenders Inc)

Trust Obligation. No The parties hereto, by entering into this Indenture, and each Note Holder, by accepting a Note or a beneficial interest in a Note, hereby covenant and agree that no recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee, the Owner Trustee or the Owner Trustee Trust Agent, in its individual capacity, or the Seller or the Administrator (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, director or employee or agent of the Indenture Trustee, the Owner Trustee or the Owner Trustee Trust Agent, in its individual capacity, of or the Seller or the Administrator, any holder of a beneficial interest in the Issuer, the Owner Trustee Trustee, the Trust Agent, the Indenture Trustee, the Seller or the Indenture Trustee Administrator or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacitysuch Persons, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee, the Owner Trustee and the Owner Trustee Trust Agent have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Onyx Acceptance Corp

Trust Obligation. No recourse may be taken, directly ---------------- or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Owner Trust Agreement.

Appears in 1 contract

Samples: Auto Nations Receivables Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith Indenture or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Indenture (Daimlerchrysler Auto Trust 2005-A)

Trust Obligation. (a) No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Transferor, the Servicer, the Owner Trustee Trustee, the Trust Collateral Agent or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Issuer, the Transferor, the Servicer, the Indenture Trustee Trustee, the Trust Collateral Agent or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Transferor, the Servicer, the Indenture Trustee Trustee, the Trust Collateral Agent or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Transferor, the Servicer, the Owner Trustee Trustee, the Trust Collateral Agent or the Indenture Trustee or of any successor or assign of the Transferor, the Servicer, the Indenture Trustee Trustee, the Trust Collateral Agent or the Owner Trustee in its individual capacity, except in each case as any such Person may have expressly agreed (it being understood that the Indenture Trustee Trustee, the Trust Collateral Agent and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Indenture (Long Beach Acceptance Corp)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of [the Swap Counterparty], [the Holder of the Revolving Liquidity Note], the Issuer, the Owner Trustee or the Indenture Trustee on [the Notes Interest Rate Swap Agreement], the Notes, [the Revolving Liquidity Note Agreement] or the Certificate or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder Certificateholder or other owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder Certificateholder or other owner of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee Trustee, in their capacities as such, have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Toyota Auto Finance Receivables LLC

Trust Obligation. No recourse may be taken, directly ---------------- or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer Issuer, including the Seller, or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Administration Agreement (SSB Vehicle Securities Inc)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee Issuer or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture 79 Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles Six, Article VII Seven and Article VIII Eight of the Trust Agreement.

Appears in 1 contract

Samples: Indenture (Bay View Transaction Corp)

Trust Obligation. (a) No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, Servicer, Transferor, Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Seller, Servicer, Transferor, Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or Issuer, (iii) any partner, owner, member, beneficiary, agent, officer, director, employee or agent of the Seller, Servicer, Transferor, Indenture Trustee or the Owner Trustee in its individual capacitycapacity as such, of (iv) or any holder of a beneficial interest in the Issuer, the Seller, Servicer, Transferor, Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, Indenture Trustee or the Owner Trustee in its individual capacitycapacity as such, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Ace Securities Corp Rv & Marine Trust 2001-Rv1

Trust Obligation. (a) No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Seller, (ii) Indenture Trustee or the Owner Trustee in its individual capacity, (iiiii) any holder owner of a beneficial interest in the Issuer or Owner Trustee, (iiiiv) any partner, owner, member, beneficiary, agent, officer, director, employee or agent of the Seller, Indenture Trustee or the Owner Trustee in its individual capacitycapacity as such, of (v) or any holder of a beneficial interest in the IssuerSeller, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, Indenture Trustee or the Owner Trustee in its individual capacitycapacity as such, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer Owner Trustee hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Indenture (M&i Auto Loan Trust 2002-1)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes 57 or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles Six, Article VII Seven and Article VIII Eight of the Trust AgreementAgreement as if specifically set forth herein.

Appears in 1 contract

Samples: Honda Auto Receivables 2008-1 Owner Trust

Trust Obligation. No recourse may be taken, directly ---------------- or indirectly, with respect to the obligations of the IssuerIssuer Trust, the Owner Trustee or the Indenture Trustee on the Notes or or, except as expressly provided for in Article VI hereof, under this Indenture or any certificate or other ---------- writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer Trust or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the IssuerIssuer Trust, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may expressly have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer Trust hereunder, the Owner Trustee shall be subject to, and be entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Ascent Entertainment Group Inc

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture 60 Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith against therewith, against: (i) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of of: (a) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, of (b) any holder owner of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or (c) of any successor or assign of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), ) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Indenture (CNH Receivables Inc)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of 55 61 this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Daimlerchrysler Auto Trust 2000 B

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith 57 or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Indenture (Daimlerchrysler Services North America LLC)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the 92 100 Owner Trustee in its their individual capacitycapacities, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Ford Credit Auto Receivables Two L P

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIV, Article VI and VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Indenture (Ford Credit Auto Owner Trust 2005-C)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Indenture Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith against therewith, against: (i) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of of: (a) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, of (b) any holder owner of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or (c) of any successor or assign of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), ) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Case Receivables Ii Inc

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the 66 Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Daimlerchrysler Auto Trust 2008-A

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Class A Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Indenture (Fund America Investors Corp Ii)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the IssuerTrust, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer Trust or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the IssuerTrust, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer Trust hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VIArticles V, Article VI and VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Conseco Finance Credit Card Funding Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer Issuer, including the Seller, or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement. SECTION 11.16.

Appears in 1 contract

Samples: Indenture (First Merchants Acceptance Corp)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or the O/C Certificates or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have has no such obligations in their its individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee (as such or in its individual capacity) shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Master Indenture (Compucredit Corp)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee Trustee, the Note Registrar, the Paying Agent or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer Issuer, including the Seller, or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee Trustee, the Note Registrar, the Paying Agent or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee Trustee, the Note Registrar, the Paying Agent or the Indenture Trustee or of any successor or assign of the Indenture Trustee Trustee, the Note Registrar, the Paying Agent or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee Trustee, the Note Registrar, the Paying Agent and the Owner Trustee have no such obligations in their individual capacitiescapacity), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Goldman Sachs Asset Backed Securities Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes Bonds or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer Issuer, including the Seller, or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Allied Capital Corp

Trust Obligation. No recourse may be taken, directly or ---------------- indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: World Omni Auto Receivables LLC

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the IssuerLease Trust, the Owner Trustee Lease Trustee, or the Indenture Trustee on the Senior Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Lease Trustee in its their individual capacitycapacities, (ii) any holder of a beneficial interest in the Issuer Subordinated Noteholder, (iii) any Lease Trust Certificateholder or (iiiiv) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Lease Trustee in its their individual capacitycapacities, of any holder of a beneficial interest in the IssuerSubordinated Noteholder, any Lease Trust Certifi- cateholder, the Owner Lease Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Lease Trustee in its their individual capacitycapacities, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Lease Trustee have no such obligations in their individual capacities), ) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer Lease Trust hereunder, the Owner Lease Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Lease Trust Agreement.

Appears in 1 contract

Samples: Indenture (RCL Trust 1996 1)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.and

Appears in 1 contract

Samples: Ford Credit Auto Receivables Two L P

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, Indenture the Owner Trustee (as such and in its individual capacity) shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: First Investors Financial Services Group Inc

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Depositor, (ii) Indenture Trustee or the Owner Trustee in its individual capacity, (iiiii) any holder owner of a beneficial interest in the Issuer or Owner Trustee, (iiiiv) any partner, owner, member, beneficiary, agent, officer, director, employee or agent of the Depositor, Indenture Trustee or the Owner Trustee in its individual capacitycapacity as such, of (v) or any holder of a beneficial interest in the IssuerDepositor, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Depositor, Indenture Trustee or the Owner Trustee in its individual capacitycapacity as such, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer Owner Trustee hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Bond Securitization LLC

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or or, except as expressly provided for in ARTICLE VI hereof, under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee employee, agent or agent "control person" within the meaning of the Act and the Securities Exchange Act of 1934, as amended, of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may expressly have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary of the Issuer shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Franchise Finance Corp of America

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the IssuerTrust, the Owner Trustee or the Indenture Trustee on the Secured Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer Trust or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the IssuerTrust, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer Trust hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Indenture (American Business Financial Services Inc /De/)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or Trustee, the Indenture Trustee or any Paying Agent on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (ia) any of the Indenture Trustee or Trustee, the Owner Trustee or any Paying Agent in its their individual capacitycapacities, (iib) any holder owner of a Certificate or any other beneficial interest in the Issuer or (iiic) any partner, owner, beneficiary, agent, officer, director, employee or agent of any of the Indenture Trustee or Trustee, the Owner Trustee or any Paying Agent in its their individual capacitycapacities, of any holder of a Certificate or other beneficial interest in the Issuer, the Owner Trustee or Trustee, the Indenture Trustee or any Paying Agent or of any successor or assign of the Indenture Trustee or Trustee, the Owner Trustee or any Paying Agent in its their individual capacitycapacities, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and Trustee, the Owner Trustee and any Paying 91 100 Agent have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Daimler Benz Vehicle Receivables Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Servicer, the Owner Trustee Trustee, the Trust Collateral Agent or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Insurer, the Seller, the Servicer, the Trust Collateral Agent, the Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Insurer, the Seller, the Servicer, the Trust Collateral Agent, the Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Seller, the Trust Collateral Agent, the Servicer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Seller, the Servicer, the Trust Collateral Agent, the Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee Trustee, the Trust Collateral Agent and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: TFC Enterprises Inc

Trust Obligation. No recourse may be taken, ---------------- directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its their individual capacitycapacities, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Indenture (World Omni Auto Receivables LLC)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a Certificate or any other beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a Certificate or any other beneficial interest in the Issuer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.. SECTION 11.17

Appears in 1 contract

Samples: Daimler Benz Vehicle Receivables Corp

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith therewith, against (i) the Indenture Trustee Seller, the Servicer, the Trustee, or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, employee or agent of the Indenture Seller, the Servicer, the Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Seller, the Servicer, the Owner Trustee Trustee, or the Indenture Trustee or of any successor or assign of the Indenture Seller, the Servicer, the Trustee or the Owner Trustee in its individual capacity, except (x) as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that (y) nothing in this Section shall relieve the Seller or the Servicer from its own obligations under the terms of any Related Document or other such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entitywriting. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Indenture (A I Receivables Transfer Corp)

Trust Obligation. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Depositor, the Servicer, the Owner Trustee or the Indenture Trustee on the Notes or under this Indenture or any certificate Note or other writing delivered in connection herewith or therewith therewith, against (i) the Depositor, the Servicer, the Indenture Trustee or the Owner Trustee in its individual capacity, (ii) any holder owner of a beneficial interest in the Issuer or (iii) any partner, owner, beneficiary, agent, officer, director, shareholder, employee or agent of the Depositor, the Servicer, the Indenture Trustee or the Owner Trustee in its individual capacity, of any holder of a beneficial interest in the Issuer, the Depositor, the Servicer, the Owner Trustee or the Indenture Trustee or of any successor or assign of the Depositor, the Servicer, the Indenture Trustee or the Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Owner Trustee have no such obligations in their individual capacities), capacity) and except that any such partner, owner or beneficiary shall be fully liable, to the extent provided by applicable law, for any unpaid consideration for stock, unpaid capital contribution or failure to pay any installment or call owing to such entity. For all purposes of this Indenture, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article Articles VI, Article VII and Article VIII of the Trust Agreement.

Appears in 1 contract

Samples: Indenture (Sequoia HELOC Trust 2004-1)

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