Common use of Trustee Not Liable for Certificates or Receivables Clause in Contracts

Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates) shall be taken as the statements of the Depositor or the Servicer, as the case may be, and the Trustee assumes no responsibility for the correctness thereof. The Trustee shall make no representations as to the validity or sufficiency of this Agreement or of the Certificates (other than the certificate of authentication on the Certificates), or of any Receivable or related document. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the efficacy of the Trust or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable or any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor or the Servicer with any warranty or representation made under this Agreement or in any related document and the accuracy of any such warranty or representation or any action of the Servicer taken in the name of the Trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Funding Ii Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Funding Inc)

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Trustee Not Liable for Certificates or Receivables. The recitals contained herein and in the Certificates (other than the certificate signature and counter-signature of authentication the Trustee on the Certificates) shall be taken as the statements of the Depositor or the Servicer, as the case may beCEF Holding, and the Trustee assumes no responsibility for the correctness thereof. The Trustee shall make makes no representations as to the validity or sufficiency of this Agreement or Agreement, of any Related Document, of the Certificates (other than the certificate signature and countersignature, if any, of authentication the Trustee on the Certificates)) or of the Notes, or of any Receivable or related documentdocuments. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle of the Equipment or the maintenance of any such perfection and priority, or for or with respect to the efficacy sufficiency of the Trust Estate or its ability to generate the payments to be distributed to Certificateholders under this AgreementAgreement or the Noteholders under the Indenture, including, without limitation: (a) the existence, condition and ownership of any Financed Vehicle; Equipment, (b) the existence and enforceability of any insurance thereon; , (c) the existence and contents of any Receivable or on any computer or other record thereof; , (d) the validity of the assignment of any Receivable to the Trust or of any intervening assignment; , (e) the completeness of any Receivable; , (f) the performance or enforcement of any Receivable; , and (g) the compliance by the Depositor CEF Holding or the Servicer with any warranty or representation made under this Agreement any Related Document or in any related document and or the accuracy of any such warranty or representation or any action of the Administrator, the Indenture Trustee or the Servicer or any subservicer taken in the name of the Trustee.

Appears in 1 contract

Samples: Trust Agreement (Cef Equipment Holding LLC)

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Trustee Not Liable for Certificates or Receivables. The -------------------------------------------------- recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates) shall be taken as the statements of the Depositor or the Servicer, as the case may be, and the Trustee assumes no responsibility for the correctness thereof. The Trustee shall make no representations as to the validity or sufficiency of this Agreement or of the Certificates (other than the certificate of authentication on the Certificates), or of any Receivable or related document. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle Asset or the maintenance of any such perfection and priority, or for or with respect to the efficacy of the Trust or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including, without limitation: the existence, condition and ownership of any Financed VehicleAsset; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable or any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor or the Servicer with any warranty or representation made under this Agreement or in any related document and the accuracy of any such warranty or representation or any action of the Servicer taken in the name of the Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital Ii Inc)

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