Common use of Trustee Capacity of Wilmington Trust Company Clause in Contracts

Trustee Capacity of Wilmington Trust Company. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely in its trustee capacity, in the exercise of the powers and authority conferred and vested in it under the Borrower Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Borrower is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose of binding only the Borrower and (c) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Borrower or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Borrower under this Agreement or the other related documents. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely in its trustee capacity, in the exercise of the powers and authority conferred and vested under the RPCT Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of RPCT is made and intended not as a personal representation, undertaking and agreement by Wilmington Trust Company but is made and intended for the purpose of binding only RPCT and (c) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of RPCT or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by RPCT under this Agreement or the other related documents.

Trustee Capacity of Wilmington Trust Company. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto that (ai) this Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely in its trustee capacity, in the exercise of the powers and authority conferred and vested in it under the Borrower Amended and Restated Trust AgreementAgreement dated as of August 9, 2011, among State Street Custodial Services (Ireland) Limited, as Trustee of Royalty Pharma Select, and Wilmington Trust Company, as owner trustee of Seller, (bii) each of the representations, undertakings and agreements herein made on the part of the Borrower is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose of binding only the Borrower and (c) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Borrower or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Borrower under this Agreement or the other related documents. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely in its trustee capacity, in the exercise of the powers and authority conferred and vested under the RPCT Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of RPCT Seller is made and intended not as a personal representation, undertaking and agreement by Wilmington Trust Company but is made and intended for the purpose of binding only RPCT Seller and (ciii) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of RPCT Seller or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by RPCT Seller under this Agreement or the other any related documents. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. The Parties have caused this Amendment No. Three to be executed as of the date first written above.

Trustee Capacity of Wilmington Trust Company. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties Parties hereto that (ai) this Agreement Amendment No. Six is executed and delivered by Wilmington Trust Company, not individually or personally but solely in its trustee capacity, in the exercise of the powers and authority conferred and vested in it under the Borrower Trust Agreementtrust agreement of Seller, (bii) each of the representations, undertakings and agreements herein made on the part of the Borrower is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose of binding only the Borrower and (c) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Borrower or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Borrower under this Agreement or the other related documents. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by Wilmington Trust Company, not individually or personally but solely in its trustee capacity, in the exercise of the powers and authority conferred and vested under the RPCT Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of RPCT Seller is made and intended not as a personal representation, undertaking and agreement by Wilmington Trust Company but is made and intended for the purpose of binding only RPCT Seller and (ciii) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of RPCT Seller or be liable for the breach or failure of any obligationobligation , representationrepresentation , warranty or covenant made or undertaken by RPCT Seller under this Agreement or the other any related documents.. The Parties have caused this Amendment No. Six to be executed as of the date first written above. EXAGEN DIAGNOSTICS, INC. ROYALTY PHARMA COLLECTION TRUST By: Wilmington Trust Company, not in its individual capacity but solely in its capacity as owner trustee /s/ Xxx Xxxxx /s/ Xxxx X. Xxxxxxx Name: Xxx Xxxxx Name: Xxxx X. Xxxxxxx Title: CEO Title: Assistant Vice President