Common use of Limitation of Liability of Indenture Trustee and Owner Trustee Clause in Contracts

Limitation of Liability of Indenture Trustee and Owner Trustee. (a) Notwithstanding anything contained herein to the contrary, in no event shall The First National Bank of Chicago in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. (b) Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank Delaware, not in its individual capacity but solely as Owner Trustee, and in no event shall Chase Manhattan Bank Delaware have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, VII and VIII of the Trust Agreement.

Appears in 2 contracts

Sources: Custodial Agreement (Caterpillar Financial Funding Corp), Custodial Agreement (Caterpillar Financial Funding Corp)

Limitation of Liability of Indenture Trustee and Owner Trustee. (a) Notwithstanding anything contained herein to the contrary, in no event shall The First U.S. Bank National Bank of Chicago Association in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. (b) Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank DelawareUSA, National Association, not in its individual capacity but solely as Owner Trustee, and in no event shall Chase Manhattan Bank Delaware USA, National Association have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, VII and VIII of the Trust Agreement.. [Signature Pages Follow]

Appears in 2 contracts

Sources: Custodial Agreement (Caterpillar Financial Asset Trust 2004-A), Custodial Agreement (Caterpillar Financial Funding Corp)

Limitation of Liability of Indenture Trustee and Owner Trustee. (a) Notwithstanding anything contained herein to the contrary, in no event shall The First U.S. Bank National Bank of Chicago Association in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer Issuing Entity hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the IssuerIssuing Entity. (b) Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank DelawareUSA, National Association, not in its individual capacity but solely as Owner Trustee, and in no event shall Chase Manhattan Bank Delaware USA, National Association have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer Issuing Entity hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the IssuerIssuing Entity. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, VII and VIII of the Trust Agreement.

Appears in 2 contracts

Sources: Custodial Agreement (Caterpillar Financial Asset Trust 2006-A), Custodial Agreement (Caterpillar Financial Funding Corp)

Limitation of Liability of Indenture Trustee and Owner Trustee. (a) Notwithstanding anything contained herein to the contrary, in no event shall The First Bank One, National Bank of Chicago Association in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. (b) Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank DelawareUSA, National Association, not in its individual capacity but solely as Owner Trustee, and in no event shall Chase Manhattan Bank Delaware USA, National Association have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificatescer- tificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, VII and VIII of the Trust Agreement.

Appears in 1 contract

Sources: Custodial Agreement (Caterpillar Financial Funding Corp)

Limitation of Liability of Indenture Trustee and Owner Trustee. (a) Notwithstanding anything contained herein to the contrary, this Agreement has been executed by The First National Bank of Chicago, not in its individual capacity but solely in its capacity as Indenture Trustee and in no event shall The First National Bank of Chicago in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. (b) Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank Delaware, not in its individual capacity but solely as Owner Trustee, and in no event shall Chase Manhattan Bank Delaware have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, VII and VIII of the Trust Agreement.

Appears in 1 contract

Sources: Custodial Agreement (Caterpillar Financial Funding Corp)

Limitation of Liability of Indenture Trustee and Owner Trustee. (a) Notwithstanding anything contained herein to the contrary, in no event shall The First U.S. Bank National Bank of Chicago Association in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. (b) Notwithstanding anything contained herein to the contrary, this instrument has been countersigned by Chase Manhattan Bank DelawareUSA, National Association, not in its individual capacity but solely as Owner Trustee, and in no event shall Chase Manhattan Bank Delaware USA, National Association have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuer. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuer hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI, VII and VIII of the Trust Agreement.

Appears in 1 contract

Sources: Custodial Agreement (Caterpillar Financial Asset Trust 2005-A)