Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles or other breach of duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 8 contracts
Sources: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇W▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of capacity as Indenture Trustee and Trust Collateral Agent. ▇W▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇W▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇W▇▇▇▇ Fargo Bank, National Association.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Credit Acceptance Corporation), Sale and Servicing Agreement (Credit Acceptance Corporation)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of capacity as Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corporation)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association Association, acting in the possible dual capacity multiple roles of successor the Custodian, the Back-Up Servicer and in the capacities of Indenture Trustee and Trust Collateral AgentSuccessor Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacitycapacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 2 contracts
Sources: Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC), Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trustee, Trust Collateral AgentAgent and Backup Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles or other breach of duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Agreement Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 2 contracts
Sources: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Backup Servicer and in the capacities of Indenture Trustee and Trust capacity as Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles or other breach of duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National AssociationAssociation or to the extent that any such waiver is violative of Applicable Law.
Appears in 1 contract
Sources: Loan and Security Agreement (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trust 23919155.5 Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles or other breach of duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Agreement Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 1 contract
Sources: Indenture (Credit Acceptance Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association Association, acting in the possible dual capacity multiple roles of successor the Custodian, the Back-Up Servicer and in the capacities of Indenture Trustee and Trust Collateral AgentSuccessor Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacitycapacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.. LOAN SALE & SERVICING AGREEMENT
Appears in 1 contract
Sources: Loan Sale and Servicing Agreement (Diamond Resorts Corp)
Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trustee, Trust Collateral AgentAgent and Backup Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles or other breach of duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Credit Acceptance Corp)