Trustee Not Liable Clause Samples

Trustee Not Liable. The recitals contained herein shall be taken as the statement of the Company, and the Trustee assumes no responsibility whatsoever for their correctness nor for the validity or sufficiency of this Supplemental Indenture or for the due execution hereof by the Company.

Trustee Not Liable. The Trustee is not liable to any former or current holder of Units for any Loss (including Consequential Loss) incurred in relation to the sale or disposal of the forfeited Units.

Trustee Not Liable. The parties hereto hereby acknowledge that the ------------------ Trustee shall act hereunder solely as the trustee for the Trust, and shall not be personally liable or responsible in any manner whatsoever for any amounts payable by any party hereunder.

Trustee Not Liable. The Trustee shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Rate applicable thereto, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or to be employed, in making the same. The Trustee shall not be accountable with respect to the validity or value (or the kind or amount) of any shares of Common Stock or of any securities or property which may at any time be issued or delivered upon the conversion of any Security, nor does it make any representation with respect thereto. The Trustee shall not be responsible for determination of value of Common Stock or the calculation of the number of Shares or of any adjustment to the number of Shares to be delivered by the Company. The Trustee shall not be responsible for any failure of the Company to issue, transfer or deliver any shares of Common Stock or stock certificates or other securities or other property upon the surrender of any Security for the purpose of conversion, or, subject to Section 6.1, to comply with any of the covenants of the Company contained in this Article XI.

Trustee Not Liable. (a) The recitals contained herein ------------------ (other than the representations and warranties contained in Section 911 hereof) and in the Notes (other than the certificate of authentication on the Notes), shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture, the Notes, the Collateral or of any related document other than with respect to the representations and warranties of Section 911 hereof. The Trustee shall not be accountable for the use or application by the Issuer of any of the Notes or of the proceeds thereof, or for the use or application of any funds paid to the Issuer or the Servicer (if the Servicer is a Person other than the Trustee) in respect of the Collateral. (b) The Trustee shall have no responsibility or liability, other than with respect to any liability arising from the Trustee's own negligence or willful misconduct, for or with respect to the existence or validity of any Instrument or any other item of the related Mortgage Loan, the perfection of any Security Interest (whether as of the date hereof or at any future time), the maintenance of or the taking of any action to maintain such perfection, the validity of the assignment of any portion of the Collateral to the Trustee or of any intervening assignment, the performance or enforcement of any Instrument, the compliance by any Originator, the Issuer or the Servicer or any successor Servicer thereto (other than the Trustee acting as successor Servicer pursuant to the terms of this Indenture) with any covenant or the breach by the Issuer, any Originator or the Servicer or any successor Servicer of any warranty or representation made hereunder or in any related document or the accuracy of such warranty or representation, any investment of monies in the Collection Account or the Reserve Account or any loss resulting therefrom, the acts or omissions of any Originator, the Issuer, the Servicer (other than the Trustee acting as Servicer) or any successor Servicer or any Mortgagor or any action of the Servicer taken in the name of the Trustee. (c) The Trustee shall not have any obligation or liability under any Mortgage Loan by reason of or arising out of this Indenture or the granting of a security interest in such Mortgage Loan hereunder or the receipt by the Trustee of any payment relating to any Mortgage Loan pursuant hereto, nor shall ...

Trustee Not Liable. The Trustee shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Rate applicable thereto, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or to be employed, in making the same. The Trustee shall not be accountable with respect to the validity or value (or the kind or amount) of any shares of Common Stock or of any securities or property which may at any time be issued or delivered upon the conversion of any Security, nor does it make any representation with respect thereto. The Trustee shall not be responsible for any failure of the Company to issue, transfer or deliver any shares of Common Stock or stock certificates or other securities or other property upon the surrender of any Security for the purpose of conversion, or, subject to Section 6.1, to comply with any of the covenants of the Company contained in this Article XI.

Trustee Not Liable. Subject to clause 16.9 of the Master Trust Deed, but notwithstanding any other provision of the Master Trust Deed or any other Transaction Document, the Trustee has no liability (other than in its capacity as trustee of the Series Trust) for any act or omission by a Depository (or any nominee of a Depository), the US Dollar Note Trustee, the London Stock Exchange plc, the US Dollar Note Registrar, the Agent Bank or any Paying Agent except to the extent that act or omission was caused or contributed to by the Trustee's fraud, negligence or wilful default. -------------------------------------------------------------------------------- 29. TRUSTEE'S LIMITATION OF LIABILITY

Trustee Not Liable. The Trustee shall not be obligated to perform or discharge, nor does it hereby undertake to perform or discharge any obligation, duty or liability under the Collateral and the Assignor shall and does hereby agree to indemnify the Trustee for and to hold the Trustee harmless of and from any and all liability, loss or damage which it may or might incur under the Collateral or under or by reason of the assignment of the Collateral and of and from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertaking on its part to perform or discharge any of the terms, covenants or agreements contained therein or by reason of this Assignment, except for those arising from the gross negligence or willful misconduct of the Trustee. Should the Trustee incur any such liability, loss or damage under or by reason of the assignment thereof or in the defense or any such claims or demands, the amount thereof including costs, expenses and reasonable attorneys’ fees shall be secured hereby and the Assignor shall reimburse the Trustee therefor immediately upon demand.

Trustee Not Liable. The Company is solely responsible for performing the duties and responsibilities contained in this Article 12, other than the obligations of the Trustee specifically set forth in Section 12.3. The Trustee shall not be responsible for any failure of the Company to make any deposit with the Trustee or to deliver to the Trustee Securities tendered pursuant to this Article 12 or, subject to Article 7, any failure of the Company to comply with any of the other covenants of the Company contained in this Article 12.