Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director or employee of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Trustee have no such obligations in their individual 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 Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 7 contracts
Samples: Indenture (Usa Group Secondary Market Services Inc), Indenture (Usa Group Secondary Market Services Inc), SMS Student Loan Trust 2000-A
Trust Obligations. (a) No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its their respective individual capacity capacities, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its respective individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their respective individual capacitycapacities) 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 Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VISix, VII Seven and VIII Eight of the Trust Agreement.
Appears in 6 contracts
Samples: Indenture (NYMT Securities CORP), Indenture (Fieldstone Mortgage Investment CORP), Indenture (Fieldstone Mortgage Investment Trust, Series 2004-5)
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Back-up Administrator, any Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Back-up Administrator, such Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Back-up Administrator, such Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Back-up Administrator, a Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their individual 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 IndentureThis Indenture is executed and delivered by Wilmington Trust Company (“WTC”), in the performance of any duties not individually or obligations personally but solely as Owner Trustee of the Issuer hereunder, in the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII exercise of the Trust Agreementpowers and authority conferred and vested in it and each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking and agreement by WTC but is made and intended for the purpose of binding only the Issuer and under no circumstances shall WTC be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or otherwise.
Appears in 6 contracts
Samples: www.capitaliq.spglobal.com, www.snl.com, www.snl.com
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its their respective individual capacity capacities, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its respective individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their respective individual capacitycapacities) 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 Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VIV, VI and VII and VIII of the Trust Agreement. In addition, (i) this Indenture is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer or the Owner Trustee is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuer, (iii) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the Indenture Trustee and by any Person claiming by, through or under the Indenture Trustee, and (iv) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or the Operative Agreements.
Appears in 5 contracts
Samples: Indenture (Greenpoint Mortgage Funding Trust 2005-He4), Indenture (Lehman ABS Corp. Home Equity Loan Trust 2005-1), Indenture (Greenpoint Mortgage Funding Trust 2005-He3)
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Master Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Master Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Master Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Master Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Trustee have no such obligations in their individual 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 Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles Article VI, VII and VIII of the Trust Agreement.
Appears in 5 contracts
Samples: Keycorp Student Loan Trust 2000-B, Keycorp Student Loan Trust 2000-A, Indenture (First Union Student Loan Trust 1997-1)
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the CompanyDepositor, the Administrator, the Master Servicer, the Eligible Lender 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 Seller, the CompanyDepositor, the Administrator, the Master Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the CompanyDepositor, the Administrator, the Master Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee or the Indenture Trustee or of any successor or assign of the SellerDepositor, the Company, Administrator, the Master Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Trustee have no such obligations in their individual 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 Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles Article VI, VII and VIII of the Trust Agreement.
Appears in 4 contracts
Samples: Indenture (Keycorp Student Loan Trust 2002-A), Keycorp Student Loan Trust 2003-A, Indenture (Key Bank Usa National Association)
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the CompanyDepositor, the Administrator, the Servicer, the Eligible Lender Trustee Trustee, the Indenture Trustee, the Indenture Administrator or the Indenture Owner Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith, against (i) the Seller, the Company, the Administrator, the ServicerIndenture Trustee, the Indenture Trustee or Administrator, the Eligible Lender Trustee or the Owner Trustee in its individual capacity capacity, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director or employee of the SellerIndenture Trustee, the Company, the Indenture Administrator, the Servicer, the Indenture Eligible Lender Trustee or the Eligible Lender Owner Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee Trustee, the Indenture Trustee, the Indenture Administrator or the Indenture Owner Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee thereof in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee, the Indenture Administrator, the Eligible Lender Trustee and the Eligible Lender Owner Trustee have no such obligations in their individual 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 Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 4 contracts
Samples: SLC Student Loan Trust 2005-2, SLC Student Loan Trust 2004-1, SLC Student Loan Receivables I Inc
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Back-up Administrator, any Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Back-up Administrator, such Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Back-up Administrator, such Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Back-up Administrator, a Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their individual 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 IndentureThis Indenture is executed and delivered by Delaware Trust Company, in the performance of any duties National Association (“DTCNA”), not individually or obligations personally but solely as Owner Trustee of the Issuer hereunder, in the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII exercise of the Trust Agreementpowers and authority conferred and vested in it and each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking and agreement by DTCNA but is made and intended for the purpose of binding only the Issuer and under no circumstances shall DTCNA be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or otherwise.
Appears in 3 contracts
Samples: Note Purchase Agreements (National Collegiate Student Loan Trust 2005-2), www.capitaliq.spglobal.com, www.snl.com
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the CompanyDepositor, the Administrator, the Servicer, the Eligible Lender Trustee Trustee, the Indenture Trustee, the Indenture Administrator or the Indenture Owner Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith, against (i) the Seller, the Company, the Administrator, the ServicerIndenture Trustee, the Indenture Trustee or Administrator, the Eligible Lender Trustee or the Owner Trustee in its individual capacity capacity, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director or employee of the SellerIndenture Trustee, the Company, the Indenture Administrator, the Servicer, the Indenture Eligible Lender Trustee or the Eligible Lender Owner Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee Trustee, the Indenture Trustee, the Indenture Administrator or the Indenture Owner Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee thereof in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee, the Indenture Administrator, the Eligible Lender Trustee and the Eligible Lender Owner Trustee have no such obligations in their individual 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 Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 3 contracts
Samples: Indenture (SLC Student Loan Receivables I Inc), Indenture (SLC Student Loan Trust 2007-1), Indenture (SLC Student Loan Trust 2007-2)
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its their respective individual capacity capacities, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its respective individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their respective individual capacitycapacities) 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 Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VIV, VI and VII and VIII of the Trust Agreement. In addition, (i) this Indenture is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer or the Owner Trustee is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuer, (iii) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the Indenture Trustee and by any Person claiming by, through or under the Indenture Trustee, and (iv) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or the Transaction Documents.
Appears in 3 contracts
Samples: Indenture (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H4), Indenture (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H1), Indenture (Indymac MBS Inc)
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its their respective individual capacity capacities, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its respective individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their respective individual capacitycapacities) 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 Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VISix, VII Seven and VIII Eight of the Trust Agreement. In addition, (i) this Indenture is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer or the Owner Trustee is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Trust, (iii) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the Indenture Trustee and by any Person claiming by, through or under the Indenture Trustee, and (iv) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or the Operative Agreements.
Appears in 3 contracts
Samples: Indenture (Sasco Mortgage Loan Trust Series 2004-Gel2), Indenture (Sasco Mortgage Loan Trust Series 2003-Gel1), Indenture (SASCO Mortgage Loan Trust 2004-Gel3)
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agentcustodian, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Trustee have no such obligations in their individual 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 Eligible Lender Trustee shall be subject to, and entitled to the benefits benefit of, the terms and provisions of Articles Article VI, VII and VIII of the Trust Agreement. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Eligible Lender 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 the Delaware Trustee, in its individual capacity or as Delaware Trustee, or any officer, director, employee, agent, owner, or interestholder of the Delaware Trustee or of any successor or assign of the Delaware Trustee.
Appears in 3 contracts
Samples: Master Indenture (Crestar Securitization LLC), Indenture (Crestar Bank /Va), Crestar Bank /Va
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the any Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the any Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the any Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the any Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Trustee have no such obligations in their individual 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 Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles Article VI, VII and VIII of the Trust Agreement.
Appears in 2 contracts
Samples: Indenture (Key Bank Usa National Association), Key Bank Usa National Association
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the CompanyDepositor, the Administrator, the Servicer, the Eligible Lender 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 Seller, the CompanyDepositor, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director or employee of the Seller, the CompanyDepositor, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee or the Indenture Trustee or of any successor or assign of the Seller, the CompanyDepositor, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Trustee have no such obligations in their individual 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 Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 2 contracts
Samples: Indenture (Wells Fargo Student Loans Receivables I LLC), Wells Fargo Student Loans Receivables I LLC
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the CompanyDepositor, the Administrator, the Master Servicer, the Eligible Lender Paying Agent, the Indenture Trustee, the Owner Trustee or the Indenture Eligible Lender Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith, against (i) the Seller, the CompanyDepositor, the Administrator, the Master Servicer, the Paying Agent, the Indenture Trustee, the Owner Trustee or the Eligible Lender Trustee in its individual capacity capacity, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director or employee of the Seller, the CompanyDepositor, the Administrator, the Master Servicer, the Paying Agent, the Indenture Trustee, the Owner Trustee or the Eligible Lender Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Depositor, the Administrator, the Master Servicer, the Paying Agent, the Indenture Trustee, the Owner Trustee or the Indenture Eligible Lender Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee thereof 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 Eligible Lender Trustee have no such obligations in their individual 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 Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 2 contracts
Samples: Indenture (Chase Education Loan Trust 2007-A), Collegiate Funding of Delaware LLC
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Back-up Administrator, any Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Back-up Administrator, such Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Back-up Administrator, such Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Back-up Administrator, a Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their individual 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 IndentureThis Indenture is executed and delivered by Wilmington Trust Company ("WTC"), in the performance of any duties not individually or obligations personally but solely as Owner Trustee of the Issuer hereunder, in the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII exercise of the Trust Agreementpowers and authority conferred and vested in it and each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking and agreement by WTC but is made and intended for the purpose of binding only the Issuer and under no circumstances shall WTC be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or otherwise.
Appears in 2 contracts
Samples: National Collegiate Student Loan Trust 2007-1, National Collegiate Student Loan Trust 2007-2
Trust Obligations. (a) No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the SellerOwner Trustee, the Company, the Administrator, the Master Servicer, the Eligible Lender Trustee Note Registrar, the Paying Agent, the Securities Administrator 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 SellerIndenture Trustee, the CompanyNote Registrar, the AdministratorPaying Agent, the Servicer, the Indenture Trustee Securities Administrator or the Eligible Lender Owner Trustee in its their respective individual capacity capacities, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the SellerIndenture Trustee, the Company, the Securities Administrator, the Master Servicer, the Indenture Trustee Note Registrar, the Paying Agent, or the Eligible Lender Owner Trustee in its respective individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee Owner Trustee, the Note Registrar, the Paying Agent, the Securities Administrator or the Indenture Trustee or of any successor or assign of the SellerIndenture Trustee, the Company, Securities Administrator, the ServicerNote Registrar, the Indenture Trustee Paying Agent or the Eligible Lender 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, the Securities Administrator and the Eligible Lender Owner Trustee have no such obligations in their respective individual capacitycapacities) 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 Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VIV, VI and VII and VIII of the Owner Trust Agreement.
Appears in 2 contracts
Samples: Indenture (FBR Securitization, Inc.), First NLC Trust 2005-3 Mortgate-Backed Notes, Series 2005-3
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the CompanyDepositor, the Administrator, the Servicer, the Eligible Lender Trustee Trustee, the Indenture Trustee, the Indenture Administrator or the Indenture Owner Trustee on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith, against (i) the Seller, the Company, the Administrator, the ServicerIndenture Trustee, the Indenture Trustee or Administrator, the Eligible Lender Trustee or the Owner Trustee in its individual capacity capacity, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director or employee of the SellerIndenture Trustee, the Company, the Indenture Administrator, the Servicer, the Indenture Eligible Lender Trustee or the Eligible Lender Owner Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee Trustee, the Indenture Trustee, the Indenture Administrator or the Indenture Owner Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee thereof in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee, the Indenture Administrator, the Eligible Lender Trustee and the Eligible Lender Owner Trustee have no such obligations in their individual 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 Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of [Articles VI, VII and VIII VIII] of the Trust Agreement.
Appears in 2 contracts
Samples: SLC Student Loan Receivables I Inc, SLC Student Loan Receivables I Inc
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their individual 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 IndentureThis Indenture is executed and delivered by ________________________ ("___________"), in the performance of any duties not individually or obligations personally but solely as Owner Trustee of the Issuer hereunder, in the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII exercise of the Trust Agreementpowers and authority conferred and vested in it and each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by __________ but is made and intended for the purpose of binding only the Issuer and under no circumstances shall ___________ be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or otherwise.
Appears in 1 contract
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its their respective individual capacity capacities, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its respective individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their respective individual capacitycapacities) 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 Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VISix, VII Seven and VIII Eight of the Trust Agreement. In addition, (i) this Indenture is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer or the Owner Trustee is made and intended not as personal representations, undertakings and agreements by U.S. Bank Trust, National Association but is made and intended for the purpose for binding only the Trust, (iii) nothing herein contained shall be construed as creating any liability on U.S. Bank Trust, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the Indenture Trustee and by any Person claiming by, through or under the Indenture Trustee, and (iv) under no circumstances shall U.S. Bank Trust, National Association be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or the Operative Agreements.
Appears in 1 contract
Samples: Indenture (Asset Backed Sec Corp Fieldstone Mort Inv Tr Ser 2004-2)
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its their respective individual capacity capacities, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its respective individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their respective individual capacitycapacities) 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 Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VISix, VII Seven and VIII Eight of the Trust Agreement. In addition, (i) this Indenture is executed and delivered by [_________], not individually or personally but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer or the Owner Trustee is made and intended not as personal representations, undertakings and agreements by [_________] but is made and intended for the purpose for binding only the Trust, (iii) nothing herein contained shall be construed as creating any liability on [_________], individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the Indenture Trustee and by any Person claiming by, through or under the Indenture Trustee, and (iv) under no circumstances shall [_________] be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or the Operative Agreements.
Appears in 1 contract
Samples: Lehman Abs Corp
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the CompanyDepositor, the Owner, the Administrator, the Servicer, the Eligible Lender 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 Seller, the CompanyDepositor, the Owner, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director or employee of the Seller, the CompanyDepositor, the Owner, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee or the Indenture Trustee or of any successor or assign of the Seller, the CompanyDepositor, the Owner, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Trustee have no such obligations in their individual 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 Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 1 contract
Samples: Efg Funding Corp
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its their respective individual capacity capacities, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its respective individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their respective individual capacitycapacities) 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 Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VIV, VI and VII and VIII of the Trust Agreement. In addition, (i) this Indenture is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer or the Owner Trustee is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuer, (iii) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the Indenture Trustee and by any Person claiming by, through or under the Indenture Trustee, and (iv) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for 52 the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or the Transaction Documents.
Appears in 1 contract
Samples: IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2007-H1
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its their respective individual capacity capacities, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its respective individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their respective individual capacitycapacities) 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 Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VISix, VII Seven and VIII Eight of the Trust Agreement. In addition, (i) this Indenture is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer or the Owner Trustee is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Trust, (iii) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the Indenture Trustee and by any Person claiming by, through or under the Indenture Trustee, and (iv) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or the Operative Agreements.
Appears in 1 contract
Samples: Indenture (Merrill Lynch Mort Inv Fieldstone Mort Inv Tr Ser 2004-1)
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its their respective individual capacity capacities, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its respective individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their respective individual capacitycapacities) 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 53 IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H2 Indenture obligations of the Issuer hereunder, the Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VIV, VI and VII and VIII of the Trust Agreement. In addition, (i) this Indenture is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer or the Owner Trustee is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuer, (iii) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the Indenture Trustee and by any Person claiming by, through or under the Indenture Trustee, and (iv) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or the Transaction Documents.
Appears in 1 contract
Samples: Indenture (Indymac MBS Inc)
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Master Servicer, any Subservicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Master Servicer, any Subservicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director or employee of the Seller, the Company, the Administrator, the Master Servicer, any Subservicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, the Administrator, the Master Servicer, any Subservicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Trustee have no such obligations in their individual 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 Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 1 contract
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Back-up Administrator, any Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Back-up Administrator, such Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Back-up Administrator, such Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Back-up Administrator, a Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their individual 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 IndentureThis Indenture is executed and delivered by Delaware Trust Company, in the performance of any duties National Association ("DTCNA"), not individually or obligations personally but solely as Owner Trustee of the Issuer hereunder, in the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII exercise of the Trust Agreementpowers and authority conferred and vested in it and each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking and agreement by DTCNA but is made and intended for the purpose of binding only the Issuer and under no circumstances shall DTCNA be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or otherwise.
Appears in 1 contract
Samples: Indenture (National Collegiate Student Loan Trust 2005-1)
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their individual 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 IndentureThis Indenture is executed and delivered by Wachovia Trust Company, in the performance of any duties National Association (“Wachovia”), not individually or obligations personally but solely as Owner Trustee of the Issuer hereunder, in the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII exercise of the Trust Agreementpowers and authority conferred and vested in it and each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by Wachovia but is made and intended for the purpose of binding only the Issuer and under no circumstances shall Xxxxxxxx be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or otherwise.
Appears in 1 contract
Samples: www.capitaliq.spglobal.com
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Back-up Administrator, any Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Back-up Administrator, such Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Back-up Administrator, such Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Back-up Administrator, a Servicer, the Liquidity Provider, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their individual 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 Indentureentity. This Indenture is executed and delivered by Wilmington Trust Company (“WTC”), in the performance of any duties not individually or obligations personally but solely as Owner Trustee of the Issuer hereunder, in the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII exercise of the Trust Agreementpowers and authority conferred and vested in it and each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking and agreement by WTC but is made and intended for the purpose of binding only the Issuer and under no circumstances shall WTC be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or otherwise.
Appears in 1 contract
Samples: www.snl.com
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the SellerAdministrator, the Company, the Back-up Administrator, the Servicer, the Eligible Lender 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 SellerAdministrator, the Company, the Back-up Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the SellerAdministrator, the Company, the Back-up Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the SellerAdministrator, the Company, Back-up Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their individual 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 IndentureThis Indenture is executed and delivered by Wachovia Trust Company, in the performance of any duties National Association ("Wachovia"), not individually or obligations personally but solely as Owner Trustee of the Issuer hereunder, in the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII exercise of the Trust Agreementpowers and authority conferred and vested in it and each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking and agreement by Wachovia but is made and intended fxx xxx xurpose of binding only the Issuer and under no circumstances shall Wachovia be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or otherwise.
Appears in 1 contract
Samples: Indenture (National Collegiate Student Loan Trust 2004-2)
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their individual 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 IndentureThis Indenture is executed and delivered by Wachovia Trust Company, in the performance of any duties National Association ("Wachovia"), not individually or obligations personally but solely as Owner Trustee of the Issuer hereunder, in the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII exercise of the Trust Agreementpowers and authority conferred and vested in it and each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, undertakings and agreements by Wachovia but is made and intended for the purpose of binding only the Issuer and under no circumstances shall Xxxxxxxx be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or otherwise.
Appears in 1 contract
Samples: Indenture (National Collegiate Student Loan Trust 2004-1)
Trust Obligations. No recourse may be taken, directly or ----------------- indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Master Servicer, any Subservicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Master Servicer, any Subservicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director or employee of the Seller, the Company, the Administrator, the Master Servicer, any Subservicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, the Administrator, the Master Servicer, any Subservicer, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Trustee have no such obligations in their individual 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 Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 1 contract
Samples: Signet Bank Maryland
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the CompanyDepositor, the Administrator, the Master Servicer, the Eligible Lender 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 Seller, the CompanyDepositor, the Administrator, the Master Servicer, the Paying Agent, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity capacity, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director or employee of the Seller, the CompanyDepositor, the Administrator, the Master Servicer, the Paying Agent, the Indenture Trustee or the Eligible Lender Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Depositor, the Administrator, the Master Servicer, the Paying Agent, the Eligible Lender Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Trustee thereof in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Trustee have no such obligations in their individual 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 Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII of the Trust Agreement.
Appears in 1 contract
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the CompanyDepositor, the Administrator, the Master Servicer, the Eligible Lender Trustee Trustee, the Indenture Trustee, the Paying Agent or the Indenture Trustee Note Registrar on the Notes or under this Indenture or any certificate or other writing delivered in connection herewith or therewith, against (i) the Seller, the CompanyDepositor, the Administrator, the Master Servicer, the Indenture Trustee Trustee, the Paying Agent, the Note Registrar or the Eligible Lender Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the CompanyDepositor, the Administrator, the Master Servicer, the Indenture Trustee Trustee, the Paying Agent, the Note Registrar or the Eligible Lender Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee Trustee, the Indenture Trustee, the Paying Agent or the Indenture Trustee Note Registrar or of any successor or assign of the SellerDepositor, the Company, Administrator, the Master Servicer, the Indenture Trustee Trustee, the Paying Agent, the Note Registrar or the Eligible Lender Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee Trustee, the Paying Agent, the Note Registrar and the Eligible Lender Trustee have no such obligations in their individual 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 Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles Article VI, VII and VIII of the Trust Agreement.
Appears in 1 contract
Samples: Key Consumer Receivables LLC
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its their respective individual capacity capacities, (ii) any owner of a beneficial interest in the Issuer or (iiiii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its respective individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their respective individual capacitycapacities) 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 Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VISix, VII Seven and VIII Eight of the Trust Agreement. In addition, (i) this Indenture is executed and delivered by [ ], not individually or personally but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuer or the Owner Trustee is made and intended not as personal representations, undertakings and agreements by [ ] but is made and intended for the purpose for binding only the Trust, (iii) nothing herein contained shall be construed as creating any liability on [ ], individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the Indenture Trustee and by any Person claiming by, through or under the Indenture Trustee, and (iv) under no circumstances shall [ ] be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or the Basic Documents.
Appears in 1 contract
Samples: BLG Securities Company, LLC
Trust Obligations. (a) No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the SellerOwner Trustee, the Company, the Administrator, the Master Servicer, the Eligible Lender Trustee Note Registrar, the Paying Agent, the Securities Administrator 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 SellerIndenture Trustee, the Company, the Administrator, the Master Servicer, the Indenture Trustee Note Registrar, the Paying Agent, the Securities Administrator or the Eligible Lender Owner Trustee in its their respective individual capacity or capacities, (ii) any Noteholder of a beneficial interest in the Issuer or (iii) any partner, ownerNoteholder, beneficiary, agent, officer, director director, employee or employee agent of the SellerIndenture Trustee, the Company, the Securities Administrator, the Master Servicer, the Indenture Trustee Note Registrar, the Paying Agent, or the Eligible Lender Owner Trustee in its respective individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Trustee Owner Trustee, the Master Servicer, the Note Registrar, the Paying Agent, the Securities Administrator or the Indenture Trustee or of any successor or assign of the SellerIndenture Trustee, the Company, Securities Administrator, the Note Registrar, the Master Servicer, the Indenture Trustee Paying Agent or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee Trustee, the Master Servicer, the Note Registrar, the Paying Agent, the Securities Administrator and the Eligible Lender Owner Trustee have no such obligations in their respective individual capacitycapacities) and except that any such partner, owner Noteholder 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 Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VIV, VI and VII and VIII of the Owner Trust Agreement.
Appears in 1 contract
Samples: First NLC Trust 2005-1
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the Issuer, the Seller, the Company, the Administrator, the Back-up Administrator, any Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Back-up Administrator, such Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity or (ii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Back-up Administrator, such Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, any holder or owner of a beneficial interest in the Issuer, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Back-up Administrator, a Servicer, the Liquidity Provider, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their individual 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 IndentureThis Indenture is executed and delivered by Wilmington Trust Company (“WTC”), in the performance of any duties not individually or obligations personally but solely as Owner Trustee of the Issuer hereunder, in the Eligible Lender Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VI, VII and VIII exercise of the Trust Agreementpowers and authority conferred and vested in it and each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking and agreement by WTC but is made and intended for the purpose of binding only the Issuer and under no circumstances shall WTC be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Indenture or otherwise.
Appears in 1 contract
Samples: www.snl.com
Trust Obligations. No recourse may be taken, directly or indirectly, with respect to the obligations of the IssuerIssuing Entity, the Seller, the Company, the Administrator, the Servicer, the Eligible Lender 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 Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its their respective individual capacity capacities, (ii) any owner of a beneficial interest in the Issuing Entity or (iiiii) any partner, owner, beneficiary, agent, officer, director director, employee or employee agent of the Seller, the Company, the Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its respective individual capacity, any holder or owner of a beneficial interest in the IssuerIssuing Entity, the Eligible Lender Owner Trustee or the Indenture Trustee or of any successor or assign of the Seller, the Company, Administrator, the Servicer, the Indenture Trustee or the Eligible Lender Owner Trustee in its individual capacity, except as any such Person may have expressly agreed (it being understood that the Indenture Trustee and the Eligible Lender Owner Trustee have no such obligations in their respective individual capacitycapacities) 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 Issuing Entity hereunder, the Eligible Lender Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Articles VIV, VI and VII and VIII of the Trust Agreement. In addition, (i) this Indenture is executed and delivered by Wilmington Trust Company, not individually or personally but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Issuing Entity or the Owner Trustee is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Issuing Entity, (iii) nothing herein contained shall be construed as creating any liability on Wilmington Trust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the Indenture Trustee and by any Person claiming by, through or under the Indenture Trustee, and (iv) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Issuing Entity or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuing Entity under this Indenture or the Operative Agreements.
Appears in 1 contract