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 (i) this Amendment 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 trust agreement of the Purchaser, (ii) each of the representations, undertakings and agreements herein made on the part of the Purchaser 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 the Purchaser and (iii) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Purchaser or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser under this Amendment or any related documents. In Witness Whereof, Seller and Purchaser have entered into this Amendment by their duly authorized representatives as of the Amendment Effective Date.

Trustee Capacity of Wilmington Trust Company. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto that (i) this Amendment No. 2 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 trust agreement of the Purchaser, (ii) each of the representations, undertakings and agreements herein made on the part of the Purchaser is made and intended not as a personal representation, undertaking and agreement by Wilmington Trust Company Company, but is made and intended for the purpose of binding only the Purchaser Purchaser, and (iii) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Purchaser or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser under this Amendment No. 2 or any related documents. In Witness Whereof, Seller and Purchaser have entered into this Amendment by their duly authorized representatives as of the Amendment Effective Date.

Trustee Capacity of Wilmington Trust Company. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto hereto, including the Transferors, that (ia) this Amendment 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 trust agreement of the PurchaserBuyer, (iib) each of the representations, undertakings and agreements herein made on the part of the Purchaser Buyer 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 the Purchaser Buyer, and (iiic) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Purchaser Buyer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Buyer under this Amendment Agreement or any related documents. In Witness Whereof, Seller and Purchaser have entered into this Amendment by their duly authorized representatives as of the Amendment Effective Date.

Trustee Capacity of Wilmington Trust Company. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto that (ia) this Amendment Purchase and Sale 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 trust agreement of the PurchaserBuyer, (iib) each of the representations, undertakings and agreements herein made on the part of the Purchaser Buyer 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 the Purchaser Buyer, and (iiic) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Purchaser Buyer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Buyer under this Amendment Purchase and Sale Agreement or any related documentsdocument. In Witness Whereof, Seller and Purchaser have entered into this Amendment by their duly authorized representatives as of the Amendment Effective Date.[Signature Page Follows]

Trustee Capacity of Wilmington Trust Company. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto that (i) this Amendment 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 trust agreement of the PurchaserBuyer, (ii) each of the representations, undertakings and agreements herein made on the part of the Purchaser Buyer 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 the Purchaser Buyer and (iii) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Purchaser Buyer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Buyer under this Amendment Agreement or any related documents. In Witness Whereof, Seller Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and Purchaser such confidential portions have entered into this Amendment by their duly authorized representatives as been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Amendment Effective DateSecurities Exchange Act of 1934, as amended.

Trustee Capacity of Wilmington Trust Company. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto that (i) this Amendment 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 trust agreement of the Purchaser, (ii) each of the representations, undertakings and agreements herein made on the part of the Purchaser 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 the Purchaser and (iii) under no circumstances shall Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Purchaser or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser under this Amendment or any related documents. In Witness Whereof, Seller and Purchaser have entered into this Amendment by their duly authorized representatives as of the Amendment Effective Date.