Trustee Provisions 40.1 You make the following declarations if you enter into any arrangement with us or own any of the security property as trustee of any trust or settlement:
a. any arrangement with us is for the benefit of the trust;
b. any arrangement with us does not conflict with the operation of the terms of the trust;
c. you are the only trustee(s) of the trust;
d. you have the power as trustee of the trust to unconditionally enter into this facility agreement and perform your obligations under it;
e. the trust has not been terminated and no beneficiary is presently entitled to any assets of the trust;
f. you have the right to be fully indemnified out of the trust assets for obligations incurred under the
g. no action has been taken or proposed to terminate the trust;
h. true copies of the trust deed and other documents relating to the trust have been provided to us and disclose all the terms of the trust;
i. trustee or exercised any power of appointment;
j. no property of the trust has been resettled or set aside or transferred to any other trust;
▇. the trust documents comply with all applicable laws;
l. by entering into any arrangement with us and performing your obligations under it you are properly performing your obligations to the beneficiaries of the trust;
m. you have taken all steps necessary to allow you to enter into and perform your obligations under any arrangement with us;
n. no action has been taken to remove you as trustee or to appoint an additional trustee; and o. you have not breached your obligations as trustee.
Trustee Protected In executing, or accepting the additional trusts created by, any supplemental indenture permitted by this Article or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 7.1) shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture. The Trustee shall sign all supplemental indentures, except that the Trustee need not sign any supplemental indenture that adversely affects its rights.
Limitation of Liability of Owner Trustee and Indenture Trustee (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by BNY Mellon Trust of Delaware, not in its individual capacity but solely as Owner Trustee and in no event shall BNY Mellon Trust of Delaware have any liability for the representations, warranties, covenants, agreements or other obligations of the 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 Issuing Entity. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI of the Trust Agreement.
(b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Deutsche Bank Trust Company Americas, not in its individual capacity but solely in its capacity as Indenture Trustee and in no event shall Deutsche Bank Trust Company Americas have any liability for the representations, warranties, covenants, agreements or other obligations of the 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 Issuing Entity. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuing Entity hereunder, the Indenture Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI of the Indenture.
Rights of the Indenture Trustee The Indenture Trustee shall be afforded the same rights, protections, immunities and indemnities set forth in the Indenture as if specifically set forth herein.
Issuer To Furnish Indenture Trustee Names and Addresses of Noteholders If and so long as the Indenture Trustee is not the Note Registrar, the Issuer shall furnish or cause to be furnished to the Indenture Trustee (i) not more than five (5) days after each Record Date, a list, in such form as the Indenture Trustee may reasonably require, of the names and addresses of the Holders of Notes as of such Record Date and (ii) at such other times as the Indenture Trustee may request in writing, within thirty (30) days after receipt by the Issuer of any such request, a list of similar form and content as of a date not more than ten (10) days prior to the time such list is furnished; provided, however, that, with respect to Notes issued as Book-Entry Notes, no such list shall be required to be furnished.