Owner Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by Wilmington Savings Fund Society, FSB (formerly known as Christiana Trust) (“WSFS”), not individually or personally but solely as trustee of the Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, warranties, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, warranties, undertakings and agreements by WSFS but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on WSFS, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (d) WSFS has made no investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Amendment and (e) under no circumstances shall WSFS be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Amendment or any other related documents.
Appears in 4 contracts
Sources: Base Indenture (PennyMac Mortgage Investment Trust), Base Indenture (PennyMac Mortgage Investment Trust), Base Indenture (Pennymac Financial Services, Inc.)
Owner Trustee Limitation of Liability. It is expressly understood and agreed by the parties Parties hereto that (a) this Amendment Agreement is executed and delivered by Wilmington Savings Fund SocietyTrust, FSB (formerly known as Christiana Trust) (“WSFS”)National Association, not individually or personally personally, but solely as trustee Owner Trustee of Assignee under its Trust Agreement (as defined in the IssuerIndenture), in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, warranties, undertakings and agreements herein made on the part of the Issuer Assignee is made and intended not as a personal representationsrepresentation, warrantiesundertaking and agreement by Wilmington Trust, undertakings and agreements by WSFS National Association but is made and intended for the purpose of binding only the IssuerAssignee, (c) nothing herein contained shall be construed as creating any liability on WSFSWilmington Trust, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties Parties hereto and by any Person claiming by, through or under the parties hereto, Parties hereto and (d) WSFS has made no investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Amendment and (e) under no circumstances shall WSFS Wilmington Trust, National Association be personally liable for the payment of any indebtedness or expenses of the Issuer Assignee or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer Assignee under this Amendment Agreement or any other related documentsagreement.
Appears in 4 contracts
Sources: Consent Agreement, Consent Agreement (Walter Investment Management Corp), Consent Agreement (Walter Investment Management Corp)
Owner Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by Wilmington Savings Fund Society, FSB (formerly known as Christiana Trust) (“WSFS”), not individually or personally but solely in its capacity as trustee of Owner Trustee under the IssuerTrust Agreement, in the exercise of the powers and authority conferred and vested in itit thereunder, (b) each of the representations, warranties, undertakings undertakings, obligations and agreements herein made on the part of the Issuer is made and intended not as personal representations, warranties, undertakings undertakings, obligations and agreements by WSFS but is made and intended for the purpose of binding only, and is binding only on, the Issuer, (c) nothing herein contained shall be construed as creating any liability on WSFS, individually or personally, to perform any covenant or obligation of the Issuer, either expressed or implied implied, contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (d) WSFS has not made no and will not make any investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Amendment or any related document delivered pursuant hereto and (e) under no circumstances shall WSFS be personally liable for the payment of any indebtedness indebtedness, indemnities or expenses of the Issuer Issuer, or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer or by WSFS as Owner Trustee on behalf of the Issuer under this Amendment or any other related documents, as to all of which recourse shall be had solely to the assets of the Issuer.
Appears in 4 contracts
Sources: Base Indenture (PennyMac Mortgage Investment Trust), Base Indenture (PennyMac Mortgage Investment Trust), Third Amended and Restated Base Indenture (PennyMac Financial Services, Inc.)
Owner Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) this Amendment Agreement is executed and delivered by Wilmington Savings Fund Society, FSB (formerly known as Christiana Trust) (“WSFS”), not individually or personally but solely as trustee of the Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, warranties, undertakings and agreements herein made on the part of the Issuer is made and intended not as personal representations, warranties, undertakings and agreements by WSFS but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on WSFS, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (d) WSFS has made no investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Amendment Agreement and (e) under no circumstances shall WSFS be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Amendment Agreement or any other related documents.
Appears in 3 contracts
Sources: Master Repurchase Agreement (PennyMac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Owner Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) this Amendment Agreement is executed and delivered by Wilmington Savings Fund Society, FSB (formerly known as Christiana Trust) (“WSFS”), not individually or personally but solely as trustee of the IssuerBuyer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, warranties, undertakings and agreements herein made on the part of the Issuer Buyer is made and intended not as personal representations, warranties, undertakings and agreements by WSFS but is made and intended for the purpose of binding only the IssuerBuyer, (c) nothing herein contained shall be construed as creating any liability on WSFS, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (d) WSFS has made no investigation as to the accuracy or completeness of any representations or warranties made by the Issuer Buyer in this Amendment Agreement and (e) under no circumstances shall WSFS be personally liable for the payment of any indebtedness or expenses of the Issuer Buyer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer Buyer under this Amendment Agreement or any other related documents.
Appears in 2 contracts
Sources: GMSR Participation Agreement (loanDepot, Inc.), GMSR Participation Agreement (loanDepot, Inc.)
Owner Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by Wilmington Savings Fund Society, FSB (formerly known as Christiana Trust) (“WSFS”), not individually or personally but solely in its capacity as trustee of Owner Trustee under the IssuerTrust Agreement, in the exercise of the powers and authority conferred and vested in itit thereunder, (b) each of the representations, warranties, undertakings undertakings, obligations and agreements herein made on the part of the Issuer is made and intended not as personal representations, warranties, undertakings undertakings, obligations and agreements by WSFS but is made and intended for the purpose of binding only, and is binding only on, the Issuer, (c) nothing herein contained shall be construed as creating any liability on WSFS, individually or personally, to perform any covenant or obligation of the Issuer, either expressed or implied implied, contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (d) WSFS has not made no and will not make any investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Amendment or any related document delivered pursuant hereto and (e) under no circumstances shall WSFS be personally liable for the payment of any indebtedness indebtedness, indemnities or expenses of the Issuer Issuer, or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer or by WSFS as Owner Trustee on behalf of the Issuer under this Amendment or any other related documents., as to all of which recourse shall be had solely to the assets of the Issuer.
Appears in 2 contracts
Sources: Pc Repurchase Agreement (PennyMac Financial Services, Inc.), Base Indenture (PennyMac Financial Services, Inc.)
Owner Trustee Limitation of Liability. It is expressly understood and agreed by the parties Parties hereto that (a) this Amendment Agreement is executed and delivered by Wilmington Savings Fund SocietyTrust, FSB (formerly known as Christiana Trust) (“WSFS”)National Association, not individually or personally personally, but solely as trustee Owner Trustee of Assignee under its Trust Agreement (as defined in the IssuerIndenture), in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, warranties, undertakings and agreements herein made on the part of the Issuer Assignee is made and intended not as a personal representationsrepresentation, warrantiesundertaking and agreement by Wilmington Trust, undertakings and agreements by WSFS National Association but is made and intended for the purpose of binding only the IssuerAssignee, (c) nothing herein contained shall be construed as creating any liability on WSFSWilmington Trust, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties Parties hereto and by any Person claiming by, through or under the parties hereto, Parties hereto and (d) WSFS has made no investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Amendment and (e) under no circumstances shall WSFS Wilmington Trust, National Association be personally liable for the payment of any indebtedness or expenses of the Issuer Assignee or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer Assignee under this Amendment Agreement or any other related documentsagreement. 26.
Appears in 1 contract
Sources: Consent Agreement
Owner Trustee Limitation of Liability. It is expressly understood and agreed by the parties hereto that (a) this Amendment Indenture Supplement is executed and delivered by Wilmington Savings Fund SocietyTrust, FSB (formerly known as Christiana Trust) (“WSFS”)National Association, not individually or personally personally, but solely as trustee Owner Trustee of the IssuerIssuer under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, warranties, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representationsrepresentation, warrantiesundertaking and agreement by Wilmington Trust, undertakings and agreements by WSFS National Association but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on WSFSWilmington Trust, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (d) WSFS Wilmington Trust, National Association has made no investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Amendment Series 2013-VF1 Indenture Supplement and (e) under no circumstances shall WSFS Wilmington Trust, National Association be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Amendment Indenture Supplement or any the other related documentsTransaction Documents.
Appears in 1 contract
Sources: Third Amended and Restated Indenture Supplement (Home Loan Servicing Solutions, Ltd.)