Common use of TRUSTEE'S CAPACITY Clause in Contracts

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, National Association, in its individual capacity be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement.

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 IV 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 X Trustee, (i) this Agreement is executed and delivered by Deutsche Bank Trust Company Americas, not in its individual capacity but solely as OF IV Trustee pursuant to the OF IV Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF IV Indenture, (ii) 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, Indenture and 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, (iiiii) 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 IV 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 X Trustee, (iiiiv) nothing contained herein shall be construed as creating any liability of Deutsche Bank Trust Company Americas or 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 (ivv) under no circumstances will Deutsche Bank Trust Company Americas or Wilmington Trust, National Association, in its their individual capacity capacities be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement.

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 II Trustee, the OF VII III Trustee, the OF VIII IV Trustee, the OF IX Trustee, the OF X VI Trustee and the OF XII VII Trustee, (i) this Agreement is executed and delivered by Wilmington Trust, National AssociationDeutsche Bank Trust Company Americas, 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 II Trustee pursuant to the OF II Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF II Indenture, solely as OF III Trustee pursuant to the OF III Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF III Indenture and solely as OF IV Trustee pursuant to the OF IV Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF IV Indenture, (ii) this Agreement is executed and delivered by Wilmington Trust, National Association, not in its individual capacity but 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, Indenture and 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, (iiiii) 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 II Trustee, the OF III Trustee, the OF IV Trustee, the OF VI Trustee or the OF VII Trustee, the OF VIII Trustee, the OF IX Trustee, the OF X Trustee or the OF XII Trustee, (iiiiv) nothing contained herein shall be construed as creating any liability of Deutsche Bank Trust Company Americas or 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 (ivv) under no circumstances will Deutsche Bank Trust Company Americas or Wilmington Trust, National Association, in its their individual capacity capacities be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement.

TRUSTEE'S CAPACITY. It is expressly understood and agreed by the parties hereto that insofar as this Agreement is executed by the PRF III Trustee, the OF I Trustee, the OF V Trustee, the OF VI II Trustee, the OF VII Trustee, the OF VIII Trustee, the OF IX Trustee, the OF X III Trustee and the OF XII IV Trustee, (i) this Agreement is executed and delivered by Wilmington Trust, National AssociationDeutsche Bank Trust Company Americas, not in its individual capacity but solely as PRF III Trustee pursuant to the PRF III Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the PRF III Indenture, solely as OF I Trustee pursuant to the OF I Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF I Indenture, 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 II Trustee pursuant to the OF VI II 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 II Indenture, solely as OF VII III Trustee pursuant to the OF VII III 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, III Indenture and solely as OF VIII IV 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 IV 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 IV 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 PRF III Trustee, the OF I Trustee, the OF V Trustee, the OF VI II Trustee, the OF VII Trustee, the OF VIII Trustee, the OF IX Trustee, the OF X III Trustee or the OF XII IV Trustee, (iii) nothing contained herein shall be construed as creating any liability of Wilmington Trust, National AssociationDeutsche Bank Trust Company Americas, 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, National AssociationDeutsche Bank Trust Company Americas, in its individual capacity be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement.

TRUSTEE'S CAPACITY. It is expressly understood and agreed by the parties hereto that insofar as this Agreement is executed by the OF I Trustee, the OF V Trustee, the OF VI II Trustee, the OF VII III Trustee, the OF VIII Trustee, the OF IX Trustee, the OF X IV Trustee and the OF XII VI Trustee, (i) this Agreement is executed and delivered by Wilmington Trust, National AssociationDeutsche Bank Trust Company Americas, not in its individual capacity but solely as OF I Trustee pursuant to the OF I Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF I Indenture, 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 II Trustee pursuant to the OF II Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF II Indenture, solely as OF III Trustee pursuant to the OF III Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF III Indenture and solely as OF IV Trustee pursuant to the OF IV Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF IV Indenture, (ii) this Agreement is executed and delivered by Wilmington Trust, National Association, not in its individual capacity but 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, (iiiii) 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 I Trustee, the OF V Trustee, the OF VI II Trustee, the OF VII III Trustee, the OF VIII Trustee, the OF IX Trustee, the OF X IV Trustee or the OF XII VI Trustee, (iiiiv) nothing contained herein shall be construed as creating any liability of Deutsche Bank Trust Company Americas or 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 (ivv) under no circumstances will Deutsche Bank Trust Company Americas or Wilmington Trust, National Association, in its their individual capacity capacities be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement.

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 III Trustee, the OF IV 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 VIII Trustee, (i) this Agreement is executed and delivered by Wilmington Trust, National AssociationDeutsche Bank Trust Company Americas, 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 III Trustee pursuant to the OF III Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF III Indenture and solely as OF IV Trustee pursuant to the OF IV Documents in the exercise of the powers and authority conferred and vested in it thereunder and pursuant to instruction set forth in the OF IV Indenture, (ii) this Agreement is executed and delivered by Wilmington Trust, National Association, not in its individual capacity but 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, Indenture and 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, (iiiii) 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 III Trustee, the OF IV Trustee, the OF VI Trustee, the OF VII Trustee, Trustee or the OF VIII Trustee, the OF IX Trustee, the OF X Trustee or the OF XII Trustee, (iiiiv) nothing contained herein shall be construed as creating any liability of Deutsche Bank Trust Company Americas or 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 (ivv) under no circumstances will Deutsche Bank Trust Company Americas or Wilmington Trust, National Association, in its their individual capacity capacities be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Agreement.