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 Advance or related document. The Trustee shall not be accountable for the use or application by the 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 Transferor in respect of the Advances or deposited in the Collection Account or other accounts now or hereafter established to effectuate the transactions contemplated herein and in accordance with the terms hereof. The Trustee shall have no duty to conduct any affirmative investigation as to the occurrence of any condition requiring the repurchase of any Advance by the Transferor or the Servicer pursuant to this Agreement or any Supplement or the eligibility of any Advance for purposes of this Agreement or any Supplement. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the Successor Servicer) or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Supplement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fremont Funding Inc)

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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 Advance Receivable or related document. The Trustee shall not be accountable for the use or application by the 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 Transferor in respect of the Advances Receivables or deposited in the Collection Account or other accounts now or hereafter established to effectuate the transactions contemplated herein and in accordance with the terms hereof. The Trustee shall have no duty to conduct any affirmative investigation as to the occurrence of any condition requiring the repurchase of any Advance Receivable by the Transferor or the Servicer pursuant to this Agreement or any Supplement or the eligibility of any Advance Receivable for purposes of this Agreement or any Supplement. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the Successor Servicer) or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Supplement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Compucom Systems 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 11.158.15, 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 Advance Receivable or related document. The Trustee shall not be accountable for the use or application by the Transferor Company of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Transferor Company in respect of the Advances Receivables or deposited in or withdrawn from the Collection Account (including any subaccount) or other accounts now or hereafter established to effectuate the transactions contemplated herein and in accordance with the terms hereofof this Agreement. The Trustee shall have no duty to conduct not be accountable for the use or application by the Master Servicer of any affirmative investigation as of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the occurrence of any condition requiring the repurchase of any Advance by the Transferor or the Master Servicer pursuant to this Agreement or any Supplement Servicer in respect of the Receivable or deposited in or withdrawn from the eligibility of any Advance for purposes of this Agreement Accounts or any Supplementlockbox by or at the direction of the Master Servicer or any Master Servicer or Lockbox Processor. The Trustee shall at no time have no any responsibility or liability for filing any financing or continuation statement in any public office at any time or with respect to otherwise perfect or maintain the perfection legality, validity and enforceability of any security interest or lien granted to it hereunder (unless the Trustee shall have become the Successor Servicer) or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or any SupplementReceivable.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (General Cable Corp /De/)

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 Advance Receivable or related document. The Trustee shall not be accountable for the use or application by the 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 Transferor in respect of the Advances or Receivables or, subject to the other provisions of this Article XI, deposited in the Collection Account or other accounts now or hereafter established to effectuate the transactions contemplated herein and in accordance with the terms hereof. The Trustee shall have no duty to conduct any affirmative investigation as to the occurrence of any condition requiring the repurchase of any Advance Receivable by the Transferor or the Servicer pursuant to this Agreement or any Supplement or the eligibility of any Advance Receivable for purposes of this Agreement or any Supplement. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the Successor Servicer) or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Supplement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Stone Container 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 Advance Receivable or related document. The Trustee shall not be accountable for the use or application by the 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 Transferor in respect of the Advances Receivables or deposited in the Collection Account or other accounts now or hereafter established to effectuate the transactions contemplated herein and in accordance with the terms hereof. The Trustee shall have no duty to conduct any affirmative investigation as to the occurrence of any condition requiring the repurchase of any Advance Receivable by the Transferor or the Servicer pursuant to this Agreement or any Supplement or the eligibility of any Advance Receivable for purposes of this Agreement or any Supplement. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the Successor Servicerservicer) or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Supplement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ingram Micro 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 11.1511.14 hereof, 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 Advance Receivable or related documentdocument or any security interest of the Trust therein. The Trustee shall not be accountable for the use or application by the Transferor 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 Transferor Depositor in respect of the Advances Receivables or deposited in or withdrawn from the Collection Account or other accounts now or hereafter established to effectuate the transactions contemplated herein and in accordance with the terms hereof. The Trustee shall have no duty to conduct any affirmative investigation as to the occurrence of any condition requiring the repurchase of any Advance by the Transferor or the Servicer pursuant to this Agreement or any Supplement or the eligibility of any Advance for purposes of this Agreement or any SupplementSeries Account. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder (unless the Trustee shall have become the Successor Servicer) or to prepare or file any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Supplement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gottschalks Inc)

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