Common use of Concerning Trustee Clause in Contracts

Concerning Trustee. (a) State Street Bank and Trust Company in its capacity as Trustee, is entering into this Security Agreement and granting the security interest provided for herein solely as successor trustee under the Trust Agreement and pursuant to instructions contained therein, and not in its individual capacity and in no case whatsoever shall State Street Bank and Trust Company (or any entity acting as a successor trustee, co-trustee or separate trustee under the Trust Agreement) be personally liable on, or for any loss in respect of, any of the statements, representations, warranties, agreements or obligations of the Trustee hereunder or for any losses the Trust may suffer, as to all of which the Agent, on behalf of the Secured Parties, agrees to look solely to the Trust, except for any loss caused by the Trustee's willful misconduct or gross negligence (provided that this exception shall not be deemed to apply to the extent that the Trustee has followed instructions given to it, or which it is authorized to accept, pursuant to this Agreement and the Trust Agreement). (b) The Agent, on behalf of the Secured Parties, agrees that if any other successor trustee is appointed in accordance with the terms of the Trust Agreement, such successor trustee shall, without further act, succeed to all the rights, duties, immunities and obligations of the Trustee hereunder and the predecessor successor trustee shall be released from all further duties and obligations hereunder, all without in any way altering the terms of this Security Agreement or the Trustee's obligations hereunder.

Concerning Trustee. (a) State Street Bank and Bankers Trust Company Company, in its capacity as Trustee, is entering into this Security Agreement and granting the security interest provided for herein Second Supplement solely as successor trustee under the Trust Agreement and pursuant to instructions contained therein, and not in its individual capacity and in no case whatsoever shall State Street Bank and Bankers Trust Company (or any entity acting as a successor trustee, co-trustee or separate trustee under the Trust Agreement) be personally liable on, or for any loss in respect of, any of the statements, representations, warranties, agreements or obligations of the Trustee hereunder hereunder, or for any losses the Trust may suffer, as to all of which the Collateral Agent, on behalf of the Secured Parties, agrees to look solely to the Trust, except for any loss caused by the Trustee's willful misconduct or gross negligence (provided that this exception shall not be deemed to apply to the extent that the Trustee has followed instructions given to it, or which it is authorized to accept, pursuant to this Second Supplement, the Security Agreement and the Trust Agreement). (b) The Collateral Agent, on behalf of the Secured Parties, agrees that if any other a successor trustee is appointed in accordance with the terms of the Trust Agreement, such successor trustee shall, without further act, succeed to all the rights, duties, immunities and obligations of the Trustee hereunder and the predecessor successor trustee shall be released from all further duties and obligations hereunder, all without in any way altering the terms of this Security Agreement Second Supplement or the Trustee's obligations hereunder.