Common use of Trustee’s Right Not to Act Clause in Contracts

Trustee’s Right Not to Act. Notwithstanding anything to the contrary contained herein, a Trustee shall have the right to decline to act in any particular manner otherwise provided for herein if such Trustee, being advised in writing by counsel, determines that such action may not lawfully be taken, or if such Trustee in good faith shall determine that such action would be illegal or subject such Trustee to personal liability or be unduly prejudicial to the rights of other beneficiaries of the Trust.

Appears in 5 contracts

Samples: Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Trust Agreement (Cef Equipment Holding LLC), Trust Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

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Trustee’s Right Not to Act. Notwithstanding anything to the contrary contained herein, a the Trustee shall have the right to decline to act in any particular manner otherwise provided for herein or in the other Trust Documents if such the Trustee, being advised in writing by counsel, determines in good faith that such action may not lawfully be taken, taken or if such Trustee in good faith shall determine that such action would be illegal or subject such Trustee it to personal liability Liability or be unduly prejudicial to the rights of other beneficiaries any Holder; and provided further, that nothing in this Agreement shall impair the right of the TrustTrustee to take any action deemed proper by it that is not inconsistent with such otherwise required acts.

Appears in 4 contracts

Samples: Trust and Servicing Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Ryder Funding Ii Lp), Trust Agreement (Ryder Truck Rental I Lp)

Trustee’s Right Not to Act. Notwithstanding anything to the contrary contained herein, a Trustee shall have the right to decline to act in any particular manner otherwise provided for herein if such Trustee, being advised in writing by counsel, determines that such action may not lawfully be taken, or if such Trustee in good faith shall determine that such action would be illegal or subject such Trustee to personal liability or be unduly prejudicial to the rights of other beneficiaries of the Trustliability.

Appears in 3 contracts

Samples: Trust Agreement (ACAR Leasing Ltd.), Trust Agreement (ACAR Leasing Ltd.), Trust Agreement (ACAR Leasing Ltd.)

Trustee’s Right Not to Act. Notwithstanding anything to the contrary contained herein, a the Trustee shall have the right to decline to act in any particular manner otherwise provided for herein if such the Trustee, being advised in writing by counsel, determines that such action may not lawfully be taken, or if such the Trustee in good faith shall determine that such action would be illegal or subject such the Trustee to personal liability or be unduly prejudicial to the rights of other beneficiaries of the Trustliability.

Appears in 3 contracts

Samples: Trust Agreement (GE TF Trust), Trust Agreement (GECB Equipment Funding, LLC), Boat Mortgage Trust Agreement (Deutsche Recreational Asset Funding Corp)

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Trustee’s Right Not to Act. Notwithstanding anything to the contrary contained herein, a Trustee shall have the right to decline to act in any particular manner otherwise provided for herein if such Trustee, being advised in writing by counsel, determines that such action may not lawfully be taken, or if such Trustee in good faith shall determine that such action would be illegal or subject such Trustee Bank to personal liability or be unduly prejudicial to the rights of other beneficiaries of the Trust.

Appears in 2 contracts

Samples: Duties And (Greyhound Funding LLC), Origination Trust Agreement (Fah Co Inc)

Trustee’s Right Not to Act. Notwithstanding anything to the contrary contained herein, a the Trustee shall have the right to decline to act in any particular manner otherwise provided for herein if such the Trustee, being advised in writing by counsel, determines that such action may not lawfully be taken, or if such the Trustee in good faith shall determine that such action would be illegal or subject such Trustee the Bank to personal liability or be unduly prejudicial to the rights of other beneficiaries of the Trust.

Appears in 1 contract

Samples: Trust Agreement (BMW Manufacturing Lp)

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