Common use of No Duties Except as Specified in this Agreement or in Instructions Clause in Contracts

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Document. The Owner Trustee nevertheless agrees that it will promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust Estate.

Appears in 38 contracts

Sources: Trust Agreement (World Omni LT), Trust Agreement (World Omni LT), Trust Agreement (World Omni LT)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Eligible Lender Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, service, dispose of, of or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Eligible Lender Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Eligible Lender Trustee pursuant to Section 6.036.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction other Basic Document against the Owner Eligible Lender Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Eligible Lender Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction other Basic Document. The Owner Eligible Lender Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee Deutsche Bank Trust Company Americas, in its individual capacity or as the Eligible Lender Trustee that are not related to the ownership or the administration of the Trust Estate.

Appears in 19 contracts

Sources: Trust Agreement (Navient Student Loan Trust 2014-8), Trust Agreement (Navient Student Loan Trust 2014-5), Trust Agreement (Navient Student Loan Trust 2014-2)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Eligible Lender Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, service, dispose of, of or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Eligible Lender Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Eligible Lender Trustee pursuant to Section 6.036.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction other Basic Document against the Owner Eligible Lender Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Eligible Lender Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction other Basic Document. The Owner Eligible Lender Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee Chase Bank USA, National Association in its individual capacity or as the Eligible Lender Trustee that are not related to the ownership or the administration of the Trust Estate.

Appears in 17 contracts

Sources: Trust Agreement (SLM Student Loan Trust 2006-3), Trust Agreement (SLM Student Loan Trust 2006-8), Trust Agreement (SLM Student Loan Trust 2007-1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Holding Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.035.3; and no implied duties (including fiduciary duties) or obligations existing at law or in equity shall be read into this Agreement or any Transaction Basic Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any trust licensing or qualifications to do business, tax filing, financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any ownership or security interest or lien granted to it hereunder or to prepare or file any filing, Commission filing (including any Securities and Exchange Commission filing filings required pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 or any rule or regulation promulgated thereunder) for the Holding Trust or to record this Agreement or any Transaction DocumentBasic Document or monitor or enforce the satisfaction of any risk retention requirement. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Holding Trust Estate that result from actions by, or claims against, the Owner Trustee (solely in its individual capacity capacity) and that are not related to the ownership or the administration of the Owner Holding Trust Estate.

Appears in 13 contracts

Sources: Trust Agreement (Exeter Automobile Receivables Trust 2022-2), Trust Agreement (Exeter Automobile Receivables Trust 2022-2), Trust Agreement (Exeter Automobile Receivables Trust 2022-1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Eligible Lender Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, service, dispose of, of or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Eligible Lender Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Eligible Lender Trustee pursuant to Section 6.036.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction other Basic Document against the Owner Eligible Lender Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Eligible Lender Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction other Basic Document. The Owner Eligible Lender Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee The Bank of New York Mellon Trust Company, National Association, in its individual capacity or as the Eligible Lender Trustee that are not related to the ownership or the administration of the Trust Estate.

Appears in 10 contracts

Sources: Trust Agreement (SLM Student Loan Trust 2012-3), Trust Agreement (SLM Student Loan Trust 2012-2), Trust Agreement (SLM Student Loan Trust 2012-1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Eligible Lender Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, service, dispose of, of or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Eligible Lender Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Eligible Lender Trustee pursuant to Section 6.036.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction other Basic Document against the Owner Eligible Lender Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Eligible Lender Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction other Basic Document. The Owner Eligible Lender Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee The Bank of New York Trust Company, N.A., in its individual capacity or as the Eligible Lender Trustee that are not related to the ownership or the administration of the Trust Estate.

Appears in 10 contracts

Sources: Trust Agreement (SLM Student Loan Trust 2007-7), Trust Agreement (SLM Student Loan Trust 2008-3), Trust Agreement (SLM Student Loan Trust 2008-4)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Issuer or the Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.036.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any filing, Commission filing (including any Securities and Exchange Commission filing filings required under the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act) for the Trust Issuer or to record this Agreement or any Transaction Document. The Owner Trustee [ ] nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity [ ] that are not related to the ownership or the administration of the Trust Estate. The Owner Trustee shall have no responsibility or liability for or with respect to the genuineness, value, sufficiency or validity of the Trust Estate.

Appears in 7 contracts

Sources: Trust Agreement (Fifth Third Holdings Funding, LLC), Trust Agreement (Fifth Third Holdings Funding, LLC), Trust Agreement (Fifth Third Holdings Funding, LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Basic Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for the preparation, correctness, accuracy, existence, validity or perfection of any financing statement or for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Basic Document. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 6 contracts

Sources: Trust Agreement (John Deere Owner Trust 2017-B), Trust Agreement (John Deere Owner Trust 2017-B), Trust Agreement (John Deere Owner Trust 2017)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.035.3; and no implied duties (including fiduciary duties) or obligations existing at law or in equity shall be read into this Agreement or any Transaction Basic Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any trust licensing or qualifications to do business, tax filing, financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any ownership or security interest or lien granted to it hereunder or to the Trust or to prepare or file any filing, Commission filing (including any Securities and Exchange Commission filing filings required pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 or any rule or regulation promulgated thereunder) for the Trust or to record this Agreement or any Transaction Basic Document. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee (solely in its individual capacity capacity) and that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 4 contracts

Sources: Trust Agreement (AmeriCredit Automobile Receivables Trust 2022-2), Trust Agreement (AmeriCredit Automobile Receivables Trust 2022-2), Trust Agreement (AmeriCredit Automobile Receivables Trust 2022-1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Trust EstateAssets, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement (including Section 6.02) or in any document or written instruction received by the Owner Trustee pursuant to Article IV or Section 6.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any other Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission securities law filing for the Trust or to record this Agreement or any other Transaction Document. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate Assets that result from actions by, or claims against, the Owner Trustee Trustee, in its individual capacity capacity, that are not related to the ownership or the administration of the Trust EstateAssets.

Appears in 4 contracts

Sources: Trust Agreement (Goldman Sachs Asset Backed Securities Corp), Trust Agreement (Ace Securities Corp), Trust Agreement (Gs Mortgage Securities Corp)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust or the Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document direction or written instruction received by the Owner Trustee pursuant to Section 6.036.2; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Basic Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation or termination statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Basic Document. The Owner Trustee and the Bank nevertheless agrees agrees, each as to itself only, that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Bank or the Owner Trustee in its individual capacity Trustee, as the case may be, that are not related to the ownership or the administration of the Owner Trust EstateEstate or the Owner Trustee's serving as owner trustee of the Trust.

Appears in 2 contracts

Sources: Trust Agreement (Money Store Commercial Mortgage Inc), Trust Agreement (Money Store Home Equity Corp)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03this Agreement; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Related Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien Lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Related Document. Notwithstanding anything to the contrary herein or in any Related Document, the Trustee shall not be required to execute, deliver or certify on behalf of the Trust or any other Person any filings, certificates, affidavits or other instruments required under the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, if applicable. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Trust Estate that result from actions by, the negligence or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration willful misconduct of the Trust EstateTrustee.

Appears in 2 contracts

Sources: Trust Agreement (Synchrony Financial), Trust Agreement (GE Capital Credit Card Master Note Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any other Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any other Transaction Document, which shall be the responsibility of the Administrator pursuant to the Administration Agreement. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust Estate.

Appears in 2 contracts

Sources: Trust Agreement (Orix Credit Alliance Receivables Trust 2000-A), Trust Agreement (Orix Credit Alliance Receivables Trust 2000 B)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Issuer or the Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.036.3; and no implied duties (including fiduciary dutiesduties existing at law or in equity) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the 28 Amended and Restated Trust Agreement (SDART 2018-3) perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, Commission filing (including any Securities and Exchange Commission filing filings required under the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act) for the Trust Issuer or to record this Agreement or any Transaction Document. The Owner Trustee Wilmington Trust nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity Wilmington Trust that are not related to the ownership or the administration of the Trust EstateEstate or the Trust.

Appears in 2 contracts

Sources: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables Trust 2018-3)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust EstateAssets, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.035.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing statement or continuation amendment to a financing statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it or the Trust hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction DocumentDocument or make any tax or other filing. The Owner Trustee in its individual capacity nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate Assets that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust EstateAssets.

Appears in 2 contracts

Sources: Trust Agreement (Atlanticus Holdings Corp), Trust Agreement (Atlanticus Holdings Corp)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust or the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.035.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for any filing or recording, including filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Document. The Owner Trustee Trust Company nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity Trust Company that are not related to the ownership or the administration of the Trust EstateEstate or the transactions contemplated by the Transaction Documents.

Appears in 2 contracts

Sources: Trust Agreement (Household Consumer Loan Corp Ii), Trust Agreement (Household Affinity Funding Corp Iii)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust Estateor the Trust Assets, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.035.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for any filing or recording, including filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it or the Trust hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Document. The Owner Trustee in its individual capacity nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens (other than the Lien of the Indenture) on any part of the Trust Estate Assets that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust EstateAssets or the transactions contemplated by the Transaction Documents.

Appears in 1 contract

Sources: Trust Agreement (Nordstrom Inc)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, the Sub-Trust or the Sub-Trust Assets, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement any Basic Document or any document otherwise contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement Agreement, any Basic Document to which the Trust is a party or in any document or written instruction received by the Owner Trustee pursuant to Section section 6.03; and no . No implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Basic Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Basic Document. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Sources: Trust Agreement (Toyota Motor Credit Corp)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.036.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Basic Document or, with respect to Certificates, any Series Supplement or any Series Related Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Basic Document or, with respect to Certificates, any Series Supplement or any Series Related Document. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee (solely in its individual capacity capacity) and that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Sources: Trust Agreement (Household Automotive Trust Iv Series 2000-1)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Underlying Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Underlying Trust is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Underlying Trustee pursuant to Section 6.036.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any other Transaction Document against the Owner Underlying Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Underlying Trustee shall have no responsibility for filing any tax or securities law filing (except as prepared by and in accordance with the written direction of the Administrator) or any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any other Transaction Document. The Owner Trustee [ ] in its individual capacity nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens Liens on any part of the Trust Estate that result from actions by, or claims against, [ ] or the Owner Underlying Trustee in its individual capacity that are not related to the ownership or the administration of the Trust Estate.

Appears in 1 contract

Sources: Trust Agreement (Harley-Davidson Customer Funding Corp.)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement the Transaction Documents or any document contemplated hereby to which the Trust is a partyor thereby, except as expressly provided by the terms of this Trust Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Trust Agreement or any other Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing or amending any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder hereunder, preparing or filing any tax, qualification to prepare do business or file securities law filing or report, monitoring or enforcing the satisfaction of any filingrisk retention requirements, including the execution or filing of any Securities and Exchange documents or filings with the Commission filing for the Trust or to record recording this Trust Agreement or any Transaction Document. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of Trust, this Trust Agreement, the Trust EstateCompany’s serving as Owner Trustee.

Appears in 1 contract

Sources: Trust Agreement (Hercules Capital, Inc.)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with with, the Owner Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.036.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, SEC filing (including any Securities and Exchange Commission filing filings required under the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act, subject to Section 7.1(h) herein) for the Trust or to record this Agreement or any Transaction Document. The Owner Trustee Wilmington Trust Company nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Owner Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity Wilmington Trust Company that are not related to the ownership or the administration of the Owner Trust Estate.

Appears in 1 contract

Sources: Trust Agreement (Capital One Auto Receivables LLC)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, of or otherwise deal with the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust Owner Trustee is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.03; and no implied duties (including fiduciary duties) or -20- 25 obligations shall be read into this Agreement or any other Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any other Transaction Document, which shall be the responsibility of the Administrator pursuant to the Administration Agreement. The Owner Trustee nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust Estate.

Appears in 1 contract

Sources: Trust Agreement (Orix Credit Alliance Receivables Trust 1999-A)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust Estateor the Trust Assets, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust is a party, except as expressly provided by the terms of this Agreement or in any document or written instruction received by the Owner Trustee pursuant to Section 6.035.03; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for filing any financing statement or continuation statement amendment thereto in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it or the Trust hereunder or to prepare or file any filing, including any Securities and Exchange Commission filing for the Trust or to record this Agreement or any Transaction Document. The Owner Trustee in its individual capacity nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate Assets that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust EstateAssets or the transactions contemplated by the Transaction Documents.

Appears in 1 contract

Sources: Trust Agreement (Cabela's Credit Card Master Note Trust)

No Duties Except as Specified in this Agreement or in Instructions. The Owner Trustee shall not have any duty or obligation to manage, make any payment with respect to, register, record, sell, dispose of, or otherwise deal with the Trust or the Trust Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Agreement or any document contemplated hereby to which the Trust is a party, except as expressly provided or permitted by the terms of this Agreement Agreement, or in any document or written instruction received by the Owner Trustee pursuant to Section 6.035.3; and no implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any other Transaction Document against the Owner Trustee, and no authority or authorization of the Owner Trustee shall be construed as a duty. The Owner Trustee shall have no responsibility for any filing or recording, including filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it or the Trust hereunder or to prepare or file any filing, including any Securities and Exchange Commission commission filing for the Trust or to record this Agreement or any Transaction Document. The Owner Trustee in its individual capacity nevertheless agrees that it will will, at its own cost and expense, promptly take all action as may be necessary to discharge any liens on any part of the Trust Estate that result from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust EstateEstate or the transactions contemplated by the Transaction Documents.

Appears in 1 contract

Sources: Trust Agreement (Sunterra Corp)