TRUSTEE'S CAPACITY. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by LaSalle Bank National Association, not in its individual capacity but solely as Supplemental Interest Trust Trustee pursuant to the Pooling and Servicing Agreement in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth therein, (ii) each of the representations, undertakings and agreements herein made on behalf of the trust is made and intended not as a personal representation, undertaking or agreement of the Supplemental Interest Trust Trustee but is made and intended for the purpose of binding only the Counterparty, (iii) nothing contained herein shall be construed as creating any liability of LaSalle Bank National Association, individually or personally, to perform any covenants either express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto and (iv) under no circumstances will LaSalle Bank National Association, in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation. Nothing herein contained shall be construed as creating any liability on LaSalle Bank National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties who are signatories to this letter agreement and by any person claiming by, through or under such parties.
TRUSTEE'S CAPACITY. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by LaSalle Bank National Association, not in its individual capacity but solely as Trustee pursuant to the Pooling and Servicing Agreement in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth therein (ii) each of the representations, undertakings and agreements herein made on behalf of the trust is made and intended not as a personal representation, undertaking or agreement of the Trustee but is made and intended for the purpose of binding only the Counterparty, and (iii) under no circumstances will LaSalle Bank National Association, in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation.
TRUSTEE'S CAPACITY. It is expressly understood and agreed by the parties hereto that insofar as this Agreement is executed by the OF V Trustee, the OF VI Trustee, the OF VII Trustee, the OF VIII Trustee, the OF IX Trustee, the OF X Trustee and the OF XII Trustee, (i) this Agreement is executed and delivered by Wilmington Trust, National Association, not in its individual capacity but solely as OF V Trustee pursuant to the OF V Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF V Indenture, solely as OF VI Trustee pursuant to the OF VI Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF VI Indenture, solely as OF VII Trustee pursuant to the OF VII Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF VII Indenture, solely as OF VIII Trustee pursuant to the OF VIII Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set in the OF VIII Indenture, solely as OF IX Trustee pursuant to the OF IX Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF IX Indenture, solely as OF X Trustee pursuant to the OF X Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF X Indenture and solely as OF XII Trustee pursuant to the OF XII Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to the instruction set forth in the OF XII Indenture, (ii) each of the representations, undertakings and agreements herein made on behalf of the trust is made and intended not as a personal representation, undertaking or agreement of the OF V Trustee, the OF VI Trustee, the OF VII Trustee, the OF VIII Trustee, the OF IX Trustee, the OF X Trustee or the OF XII Trustee, (iii) nothing contained herein shall be construed as creating any liability of Wilmington Trust, National Association, individually or personally, to perform any covenant either express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto, and (iv) under no circumstances will Wilmington Trust...
TRUSTEE'S CAPACITY. Bank of Utah (“BOU”) is executing this Agreement solely in its capacity as Trustee and not in its individual capacity (except as expressly stated herein) and in no case shall BOU (or any entity acting as Trustee hereunder) be personally liable for or on account of any of the statements, representations, warranties, covenants or obligations stated to be those of the Trustee hereunder, all such liability, if any, being expressly waived by the parties hereto and any Person claiming by, through, or under such party; provided, however, that BOU (or any such successor trustee) shall be personally liable hereunder for its own gross negligence or willful misconduct or for its breach of its covenants, representations and warranties contained herein, to the extent covenanted or made in its individual capacity.
TRUSTEE'S CAPACITY. It is expressly understood and agreed by the parties hereto that, insofar as this Agreement and any confirmation evidencing a Transaction hereunder is executed by HSBC Bank USA, National Association, (i) this Agreement and such confirmation is executed and delivered by HSBC Bank USA, National Association, not in its individual capacity but solely as trustee of the Issuer and of the Supplemental Interest Trust pursuant to the Pooling and Servicing Agreement in the exercise of the powers and authority conferred and vested in it thereunder, and pursuant to instruction set forth therein, (ii) each of the representations, undertakings and agreements herein or therein made on behalf of the Issuer or the Supplemental Interest Trust is made and intended not as a personal representation, undertaking or agreement of HSBC Bank USA, National Association but is made and intended for the purpose of binding only the Issuer and the Supplemental Interest Trust, and (iii) under no circumstances will HSBC Bank USA, National Association, in its individual capacity, be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement or any such confirmation.
TRUSTEE'S CAPACITY. In each Transaction Document, except where expressly provided to the contrary:
(a) a reference to the Borrower is a reference to the Borrower in its capacity as Trustee only, and in no other capacity; and
(b) a reference to the undertaking, assets, business, money or liability of the Borrower is a reference to the undertaking, assets, business, money or liability of the Borrower only in the capacity reference to in paragraph (a).
TRUSTEE'S CAPACITY. With respect to obligations of trustees ------------------ who are parties hereto in their capacity as trustees of one or more trusts, this Amendment No. 4 shall be binding upon such trustees only in their capacities as trustees, not individually and not with respect to any Registrable Securities other than Registrable Securities held by them in their capacity as trustees of such trusts.
TRUSTEE'S CAPACITY. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by Wxxxx Fargo Bank, N.A., not in its individual capacity but solely as Trustee pursuant to the Pooling and Servicing Agreement in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth therein, (ii) each of the representations, undertakings and agreements herein made on behalf of the trust is made and intended not as a personal representation, undertaking or agreement of the Trustee but is made and intended for the purpose of binding only the trust, and (iii) under no circumstances wxxx Xxxxx Fargo Bank, N.A., in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation. Nothing herein contained shall be construed as creating any liability on Wxxxx Fargo Bank, N.A., individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties who are signatories to this letter agreement and by any person claiming by, through or under such parties.
TRUSTEE'S CAPACITY. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by U.S. Bank National Association, not in its individual capacity but solely as trustee pursuant to the Pooling and Servicing Agreement in the exercise of the powers and authority conferred and vested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the CMALT (CitiMortgage Alternative Loan Trust), Series 2006-A6 REMIC Pass-Through Certificates (the “Trust”) is made and intended not as personal representations of the Trustee but is made and intended for the purpose of binding only the Trust, and (iii) under no circumstances will U.S. Bank National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation.
TRUSTEE'S CAPACITY. 8.1. Dominion Corporate Trustees Limited and Dominion Trust Limited and/or their successors in title as Trustees of the Ropemaker Place Unit Trust (“Trust”) are entering into this agreement as Trustees of the Trust and as such any liability on the part of the Trustees and/or pursuant to this agreement is limited to the assets held on trust for the time being of the Trust which are in their possession or under their control as trustees of the Trust.
8.2. Notwithstanding any other provision of this agreement Dominion Corporate Trustees Limited and Dominion Trust Limited have no obligation to meet any claim or liability under this agreement except to the extent that they can properly meet the claim or liability out of the Trust assets.
