Rights of Swap Counterparty. (a) The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in the Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Trustee (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(b), (c), (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (j), into the Swap Account, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C) and Section 5.02(f)(vi) into the Swap Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable to the Swap Counterparty and (D) to establish and maintain the Swap Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.07. For the protection and enforcement of the provisions of this Section the Swap Counterparty shall be entitled to such relief as can be given either at law or in equity.
Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in the Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Administrator (A) to pay any Net Swap Payment required pursuant to Section 4.1(b), (c) and (d) and any Swap Termination Payment required pursuant to Sections 4.1(b), (c) and (d) to the Swap Counterparty, (B) to establish and maintain the Note Payment Account, to make such deposits thereto, investments therein and payments therefrom as are required pursuant to Section 3.5. For the protection and enforcement of the provisions of this Section the Swap Counterparty shall be entitled to such relief as can be given either at law or in equity.
Rights of Swap Counterparty. The Swap Counterparty, if any, shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right to enforce its rights under this Agreement. For the protection and enforcement of the provisions of this Section, the Swap Counterparty shall be entitled to relief as can be given either at law or in equity.
Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right to enforce its rights under this Agreement, which rights include but are not limited to, the obligation of the Trustee (A) to deposit any Net Trust Swap Payment required pursuant to Section 4.01(a)(1)(i), 4.01(a)(2)(A)(i), 4.01(a)(2)(B)(i) and 4.01(a)(3)(a)(xxxvii) and any Swap Termination Payment required pursuant to Sections 4.01(a)(1)(i), 4.01(a)(2)(A)(i), 4.01(a)(2)(B)(i) and 4.01(a)(3)(xxxvii) into the Supplemental Interest Account and (B) to establish and maintain the Supplemental Interest Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 4.07. For the protection and enforcement of the provisions of this Section, the Swap Counterparty shall be entitled to relief as can be given either at law or in equity.
Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right to enforce its rights under this Agreement, which rights include but are not limited to, the obligation of the Trustee (A) to deposit any Net Trust Swap Payment required pursuant to Section 4.02(a)(vi) and any Swap Termination Payment required pursuant to Sections 4.02(a)(vi), (c)(i), (d)(i) and (e)(xv) into the Supplemental Interest Account and (B) to establish and maintain the Supplemental Interest Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 4.07. For the protection and enforcement of the provisions of this Section, the Swap Counterparty shall be entitled to relief as can be given either at law or in equity.
Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right to enforce its rights under this Agreement, which rights include but are not limited to, the obligation of the Master Servicer (A) to deposit any Net Trust Swap Payment required pursuant to Section 4.01(a)(1)(i) and any Swap Termination Payment required pursuant to Sections 4.01(a)(1)(i), 4.01(a)(2)(A)(i), 4.01(a)(2)(B)(i) and 4.01(a)(3)(xxxix) into the Supplemental Interest Account and (B) to establish and maintain the Supplemental Interest Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 4.07. For the protection and enforcement of the provisions of this Section, the Swap Counterparty shall be entitled to relief as can be given either at law or in equity.
Rights of Swap Counterparty. 122 ARTICLE V THE CERTIFICATES 123 ARTICLE VI THE DEPOSITOR, THE SELLER, THE SERVICERS AND ANY SPECIAL SERVICER 133
SECTION 6.01 Respective Liabilities of the Depositor, the Seller, the Servicers and any Special Servicer. 133
SECTION 6.02 Merger or Consolidation of the Depositor, the Seller, a Servicer or any Special Servicer. 133
SECTION 6.03 Limitation on Liability of the Depositor, the Seller, the Servicers and the Special Servicer. 134
Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in each Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Trustee (I) with respect to the Group 1 Swap Agreement (A) to deposit any Net Swap Payment required pursuant to Sections 5A.02(b), (c), (d) and (g), and any Swap Termination Payment required pursuant to Sections 5A.02(b), (c), (d) and (g) into the Group 1 Swap Account and to pay any Net Swap Payment required pursuant to Section 5A.02(g)(i) or 5A.02(j), as applicable, or Swap Termination Payment required pursuant to Section 5A.02(g)(ii), Section 5A.02(g)(xi) and Section 5A.02(j), as applicable, to the Swap Counterparty and (C) to establish and maintain the Group 1 Swap Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.07 and (II) with respect to the Group 2 Swap Agreement (A) to deposit any Net Swap Payment required pursuant to Sections 5B.02(b), (c) and (f), and any Swap Termination Payment required pursuant to Sections 5B.02(b), (c) and (f) into the Group 2 Swap Account and to pay any Net Swap Payment required pursuant to Section 5B.02(f)(i) or 5B.02(i), as applicable, or Swap Termination Payment required pursuant to Section 5B.02(f)(ii), Section 5B.02(f)(xi) and Section 5B.02(i), as applicable, to the Swap Counterparty and (C) to establish and maintain the Group 2 Swap Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.07. For the protection and enforcement of the provisions of this Section the Swap Counterparty shall be entitled to such relief as can be given either at law or in equity.
Rights of Swap Counterparty. Not Applicable.
Rights of Swap Counterparty. The parties to this Indenture acknowledge and agree that, pursuant to the Swap Agreement, the Issuer has agreed that it will not enter into any amendment, modification or supplement to this Indenture or any other Basic Document that would materially and adversely affect (A) the Swap Counterparty’s ability to enforce or protect its rights or remedies under the Swap Agreement, (B) the ability of the Issuer to timely and fully perform its obligations under the Swap Agreement, or (C) any of the Issuer’s obligations under the Swap Agreement or any Basic Document (including priority of payments), without first obtaining the prior written consent of the Swap Counterparty to any such amendment, modification or supplement. Any such amendment, modification or supplement without the written consent of the Swap Counterparty shall not be binding on the Swap Counterparty.
