Trustee Not Liable. Except as otherwise expressly provided in the Trust Documents, the Trustee will not be liable for the use or application by the Master Servicer or any Direct Servicer of any funds paid to the Master Servicer or any Direct Servicer in respect of the Mortgage Loans, or deposited to, or withdrawn from, any Custodial Account, or the calculation of the amount transferred to any Certificate Account by the Master Servicer or by any Direct Servicer or transferred to the Paying Agent. The Trustee makes no representations or warranties as to the validity or sufficiency of the Mortgage Documents.
Trustee Not Liable. The recitals contained herein shall be taken as the statement of the Company, and the Trustee assumes no responsibility whatsoever for their correctness nor for the validity or sufficiency of this Supplemental Indenture or for the due execution hereof by the Company.
Trustee Not Liable. The Trustee is not liable to any former or current holder of Units for any Loss (including Consequential Loss) incurred in relation to the sale or disposal of the forfeited Units.
Trustee Not Liable. The parties hereto hereby acknowledge that the ------------------ Trustee shall act hereunder solely as the trustee for the Trust, and shall not be personally liable or responsible in any manner whatsoever for any amounts payable by any party hereunder.
Trustee Not Liable. The Trustee shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Rate applicable thereto, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or to be employed, in making the same. The Trustee shall not be accountable with respect to the validity or value (or the kind or amount) of any shares of Common Stock or of any securities or property which may at any time be issued or delivered upon the conversion of any Security, nor does it make any representation with respect thereto. The Trustee shall not be responsible for determination of value of Common Stock or the calculation of the number of Shares or of any adjustment to the number of Shares to be delivered by the Company. The Trustee shall not be responsible for any failure of the Company to issue, transfer or deliver any shares of Common Stock or stock certificates or other securities or other property upon the surrender of any Security for the purpose of conversion, or, subject to Section 6.1, to comply with any of the covenants of the Company contained in this Article XI.
Trustee Not Liable. (a) Other than the representations and warranties contained in Section 9.11 hereof and the certificate of authentication on the Certificates, the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement, the Certificates, the Trust Estate or of any related document. The Trustee shall not be accountable for the use or application by the Trust Estate of any of the Certificates or of the proceeds thereof, or for the use or application of any funds paid to the Trust Estate or the Servicer (if the Servicer is a Person other than the Trustee) in respect of the Collateral.
(b) The Trustee shall not have any obligation or responsibility with respect to the Contract Files [except as set forth in Section _____________]. The Trustee shall have no responsibility or liability for or with respect to the existence or validity of any Contract or item of Equipment, the perfection of any security interest (whether as of the date hereof or at any future time), the maintenance of or the taking of any action to maintain such perfection, the validity of the assignment of any portion of the Collateral to the Trustee or of any intervening assignment, the review of any Contract (it being understood that the Trustee has not reviewed and does not intend to review the substance or form of any such Contract), the performance or enforcement of any Contract, the compliance by the Originator or the Servicer [(other than the Trustee acting as Servicer)] with any covenant or the breach by the Originator or the Servicer (other than the Trustee acting as Servicer) of any warranty or representation made hereunder or in any related document or the accuracy of such warranty or representation, any investment of monies in the Accounts or any loss resulting therefrom (provided that such investments are made in accordance with the provisions of Section 5.04 hereof), the acts or omissions of the Depositor, the Servicer (other than the Trustee acting as Servicer) or any Obligor or any action of the Servicer taken in the name of the Trustee.
(c) The Trustee shall not have any obligation or liability under any Contract by reason of or arising out of this Agreement or the granting of a security interest in such Contract hereunder or the receipt by the Trustee of any payment relating to any Contract pursuant hereto, nor shall the Trustee be required or obligated in any manner to perform or fulfill any of the obligati...
Trustee Not Liable. Subject to clause 16.9 of the Master Trust Deed, but notwithstanding any other provision of the Master Trust Deed or any other Transaction Document, the Trustee has no liability (other than in its capacity as trustee of the Series Trust) for any act or omission by a Depository (or any nominee of a Depository), the US Dollar Note Trustee, the London Stock Exchange plc, the US Dollar Note Registrar, the Agent Bank or any Paying Agent except to the extent that act or omission was caused or contributed to by the Trustee's fraud, negligence or wilful default. -------------------------------------------------------------------------------- 29. TRUSTEE'S LIMITATION OF LIABILITY
Trustee Not Liable. The Trustee shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Rate applicable thereto, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or to be employed, in making the same. The Trustee shall not be accountable with respect to the validity or value (or the kind or amount) of any shares of Common Stock or of any securities or property which may at any time be issued or delivered upon the conversion of any Security, nor does it make any representation with respect thereto. The Trustee shall not be responsible for any failure of the Company to issue, transfer or deliver any shares of Common Stock or stock certificates or other securities or other property upon the surrender of any Security for the purpose of conversion, or, subject to Section 6.1, to comply with any of the covenants of the Company contained in this Article XI.
Trustee Not Liable. (a) The Trustee shall not be accountable with respect to the validity or value (or the kind or amount) of any Exchange Securities or Dollar Preference Shares or Conversion Securities which may be issued or delivered upon the Exchange or Conversion of any Debt Security pursuant to this Article Thirteen, and makes no representation with respect thereto. The Trustee shall not be responsible for any failure of the Company to issue, transfer or deliver or procure the delivery of any Exchange Securities or Dollar Preference Shares or Conversion Securities upon the surrender of any Debt Security for the purpose of an Exchange or Conversion pursuant to this Article Thirteen or to comply with any of the covenants of the Company contained in this Article Thirteen.
(b) The Trustee has no duty to determine when an adjustment under this Article Thirteen should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Article Nine need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of the Debt Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article Thirteen.
Trustee Not Liable. 12 3.05 Indemnification.........................................14 3.06 No Bond.................................................15 3.07 Resignation of Trustees; Appointment of Successor.......15 3.08 Taxes...................................................16
