Common use of Trustee Not Liable for Recitals in Certificates Clause in Contracts

Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trust. The Trustee shall not be accountable for the use or application by the Transferors of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Transferors in respect of the Receivables or deposited in or withdrawn from the Collection Account, any Series Accounts or any other accounts hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this Agreement.

Appears in 9 contracts

Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Credit Account Master Trust), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

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Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trustdocument. The Trustee in its individual capacity shall not be accountable for the use or application by the Transferors Seller of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Transferors Seller in respect of the Receivables or deposited in or withdrawn from the Collection Account, the Excess Funding Account or any Series Accounts Account (or any other accounts account hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this Agreement) by the Servicer.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Alliance Data Systems Corp), Pooling and Servicing Agreement (Charming Shoppes Receivables Corp), Pooling and Servicing Agreement (Charming Shoppes Master Trust)

Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trust. The Trustee shall not be accountable for the use or application by the Transferors Transferor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Transferors Transferor in respect of the Receivables or deposited in or withdrawn from the Collection Account, any Series Accounts or any other accounts hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this Agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Compucredit Corp), Pooling and Servicing Agreement (Credit Card Receivables Funding Corp), Pooling and Servicing Agreement (Partners First Receivables Funding Corp)

Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section SECTION 11.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trustdocument. The Trustee shall not be accountable for the use or application by the Transferors Transferor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to Transferor or the Transferors Holder of the Transferor Interest in respect of the Receivables or deposited in or withdrawn from the Collection Account, any Series Accounts or any other accounts hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (World Financial Network Credit Card Master Trust), Pooling and Servicing Agreement (World Financial Network Credit Card Master Trust)

Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trustdocument. The Trustee shall not be accountable for the use or application by the Transferors Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Transferors Depositor or the holders of the Depositor's Certificate in respect of the Receivables or deposited in or withdrawn from the Collection Account, any Series Accounts or any other accounts hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this Agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Ace Securities Corp), Asset Backed Securities Corp

Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trust. The Trustee shall not be accountable for the use or application by the Transferors Transferor of any of the Certificates or of the proceeds of such Certificates, or for the use or application 115 of any funds paid to the Transferors Transferor in respect of the Receivables or deposited in or withdrawn from the Collection Account, any Series Accounts or any other accounts hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (At&t Universal Funding Corp)

Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and herein, in any Supplement and/or in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.1511.14, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trustdocument. The Trustee shall not be accountable for the use or application by the Transferors Seller of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds proceeds of the Certificates paid to the Transferors Seller in respect of the Certificates, the Receivables or deposited in or withdrawn from any Lock-Box Account, the Master Collection Account, any Series Accounts Collection Account, any Series Payment Account, the Seller's Account, the Trustee's Account or any other accounts account hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this AgreementAgreement and any applicable Supplement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wentworth J G & Co Inc)

Trustee Not Liable for Recitals in Certificates. The ----------------------------------------------- Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.1511.15 of the Agreement, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trustdocument. The Trustee shall not be accountable for the use or application by the Transferors Seller of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Transferors Seller in respect of the Receivables or deposited in or withdrawn from the Collection Account, any Series Account or other Accounts now or any other accounts hereafter established to effectuate the transactions contemplated by this Agreement herein and in accordance with the terms of this Agreementhereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Chicago Master Trust Ii)

Trustee Not Liable for Recitals in Certificates. The ----------------------------------------------- Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trustdocument. The Trustee shall not be accountable for the use or application by the Transferors Seller of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Transferors Seller or the Holder of the Seller Certificate in respect of the Receivables or deposited in or withdrawn from the Collection Account, Canadian Collection Account, any Series Accounts or any other accounts hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mail Well Inc)

Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trustdocument. The Trustee in its individual capacity shall not be accountable for the use or application by the Transferors Transferor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Transferors Transferor in respect of the Receivables or deposited in or withdrawn from the Concentration Account, any Collection Account, the Excess Funding Account or any Series Accounts Account (or any other accounts account hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this Agreement) by the Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Elder Beerman Stores Corp)

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Trustee Not Liable for Recitals in Certificates. The ----------------------------------------------- Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trustdocument. The Trustee shall not be accountable for the use or application by the Transferors Sellers of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Transferors Seller or the Holders of the Seller Certificates in respect of the Receivables or deposited in or withdrawn from the Collection Account, any Series Accounts or any other accounts hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One FSB)

Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trust. The Trustee shall not be accountable for the use or application by the Transferors Seller of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Transferors Seller in respect of the Receivables or deposited in or withdrawn from the Collection Account, any Series Accounts or any other accounts hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Household Affinity Funding Corp)

Trustee Not Liable for Recitals in Certificates. The ----------------------------------------------- Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trustdocument. The Trustee shall not be accountable for the use or application by the Transferors Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Transferors Depositor or the holders of the Depositor's Certificate in respect of the Receivables or deposited in or withdrawn from the Collection Account, any Series Accounts or any other accounts hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)

Trustee Not Liable for Recitals in Certificates. The ----------------------------------------------- Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.1511.15 of the Agreement, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trustdocument. The Trustee shall not be accountable for the use or application by the Transferors Transferor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Transferors Transferor in respect of the Receivables or deposited in or withdrawn from the Collection Account, any Series Account or other Accounts now or any other accounts hereafter established to effectuate the transactions contemplated by this Agreement herein and in accordance with the terms of this Agreementhereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Firestone Retail Credit Corp)

Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or as to the perfection or priority of any security interest therein or as to the efficacy of the Trust. The Trustee shall not be accountable for the use or application by the Transferors Transferor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Transferors Transferor in respect of the Receivables or deposited in or withdrawn from the Collection Account, any Series Accounts or any other accounts hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this Agreement.. Section 11.4

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Partners First Receivables Funding Corp)

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